Complainant has right to be heard at every stage of criminal trial, including revision-Said Delhi High Court
VLS finance ltd vs state nct of delhi CRLMC 8758/23 24/05/24 [ DELHI HIGH COURT ]
Section 482 CRPC Sections 406, 409, 420, 467, 468, 471 and 477A IPC Denial of impleadment and right to be heard Challenging Trial court’s order framing charges against the accused – Petitioner alleges that the accused approached them with a proposal to invest in a hotel project, misrepresented their financial capacity, and defrauded the petitioner of substantial amounts through false assurances and forged documents –
Plea that as the complainant/victim, they have a right to be heard at every. stage of criminal proceedings, including revision petitions – Held, petitioner, being the victim, has an independent right to be heard in the Revision Petitions, particularly because these petitions seek the culmination of criminal proceedings that could affect the petitioner – Therefore, it is correct not to implead the petitioner as a party to the Revision Petitions
– However, the Court found that restricting the petitioner to only assisting through the APP was not appropriate – Petitioner should be afforded a fair and reasonable opportunity to be heard directly in the Revision Petitions – This includes the right to file written submissions – ASJ is directed to grant the petitioner a fair and reasonable opportunity to be heard in the Revision Petitions. [Paras 72, 73, 79 and 80]
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