Whether magistrate can give permission to complainant to conduct prosecution at every stage including stage of framing charge?
Mr. Tulsi, learned senior counsel appearing for the
appellant submits that he intends to file an application
before the learned Magistrate and hence, liberty may be
granted. Mr. Singh has seriously opposed the same.
Regard being had to the rivalised submissions, we only
observe that it would be open to the appellant, if so advised,
to file an application under Section 302 CrPC before the
learned Magistrate. It may be clearly stated here that the
said provision applies to every stage including the stage of
framing charge inasmuch as the complainant is permitted
by the Magistrate to conduct the prosecution. We have said
so to clarify the position of law. If an application in this
regard is filed, it shall be dealt with on its own merits.
REPORTABLE
IN THE SUPREME COURT OF INDIA.
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 859 OF 2016
(@ S.L.P.(Criminal) No. 5717 of 2012)
Dhariwal Industries Ltd.
V
Kishore Wadhwani & Ors.
Dated:September 06, 2016
Citation: 2016 SCC OnLine SC 935
