SP GUPTA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) These petitions are filed to assail an impugned order dated 05.04.2021 passed in Crl.Revision No.77/2021 (Crl.M.C. No.1163/2021) and Crl.Revision No.76/2021 (Crl.M.C. No.1186/2021) by the learned Principal District and Sessions Judge (HQs), Delhi (hereinafter referred to as the Revisional Court), against the orders dated 01.02.2021, 22.02.2021 and 06.03.2021 passed by the learned Additional Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi in case State vs S.P.Gupta and Others.

(2.) It is the grievance of the learned senior counsel for the petitioners vide the impugned order the learned Revisional Court had directed the petitioner herein to file an amended memo of parties by impleading the complainant defacto as respondent No.2, whereas the complainant has no role to play before learned Revisional Court and its only the learned Public Prosecutor for the State, who has to take realm of the case before learned Session's Court. It is argued per sub-section 2 to Section 401 Cr P C no order shall be passed to the prejudice of the accused or other person unless he has an liberty of being heard either personally or through pleader. It is argued the words other person refers to person akin to the accused and it does not include the complainant and hence the learned Revisional Court erred to make the complainant defacto as respondent No.2.

(3.) The main issue thus raised is qua locus standi. It is argued by respondents the power of revision, admittedly, is a suo moto power of correction and supervision over the subordinate Courts; to call for the records and to correct orders. One can say it is discretion of the revisional Court to hear any one whom it needs to hear. It is argued Cr P C when amended in 2009, victim was given right to have a say in criminal proceedings. The question is if such right can be extended to revisions before the learned Session's Court. Reference was made to Pandharinath Tukaram Raut vs. Manohar Sadashiv Thorve wherein the Court held:-