L K JAIN Vs. STATE

JUDGEMENT

(1.) By this application, the complainant seeks permission to be impleaded as party/respondent in the petition under Section 482 of the Code of Criminal Procedure. Learned senior counsel for the applicant submits that since a petition under Section 482 of the Code of Criminal Procedure is directed against the order taking cognizance of the case, it would be complainant's right to be heard because he is the affected party, who, in the first instance, filed the complaint. Pe draws my attention to Bhagwant Singh v. Commissioner of Police and another (1985) 2 SCC 537, where in the Supreme Court has held that:

(2.) On that basis, the learned senior counsel appearing for the applicant submits that he would have right to be impleaded as party and be heard in the petition seeking quashing of the order to the Magistrate taking cognizance. On the other hand, learned senior counsel appearing for the petitioner submits thai the judgment cited above is not law for the proposition sought to be urged by the learned counsel for the applicant. He submits that the stage at which the complainant can be heard is only when congnizance has not been taken by the Magistrate. The moment cognizance is taken, then State steps into the picture and the complainant has no right to be heard thereafter. He submits that even in a case where cognizance is taken and person is discharged, the complainant cannot be heard to say that the accused ought not to be discharged. Similar is the case where the accused is to be acquitted, the complainant cannot be heard to say that the accused ought not to be acquitted. The function of the complainant in the police case stops after cognizance has been taken. I find great substance in this argument. He draws my attention to Judgment of this Court in Shri P. V. Narasimharao v. The State 1997 JCC 501, where in this Court, while interpreting Section 301 of the Code of Criminal Procedure, has held as follows:-

(3.) Having, therefore, heard learned counsel, I. am also of the considered opinion that the right of the complainant to be heard ceases once cognizance is taken. He cannot thereafter continue to participate in the proceedings as if he were the aggrieved party who must have ins say in proceedings.