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Dhariwal Industries Ltd. v. Kishore Wadhwani & Ors.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 859 of 2016)Decided 6 Sept 2016
Criminal Appeal No. 859 of 2016
Justice Dipak Misra · Justice Adarsh Kumar Goel

Background

Dhariwal Industries Ltd., as the original complainant in a forgery/cheating case (under IPC Sections 109, 193, 196, 200, 465, 467, 471 read with 120-B), had been permitted by the trial Magistrate to be heard alongside the Assistant Public Prosecutor at the stage of the accused's discharge application. The Bombay High Court, on the accused's writ petition, modified that order, holding that a complainant's role under Section 301 CrPC is limited to assisting the prosecution under the Public Prosecutor's directions, not addressing the court independently. Dhariwal Industries appealed to the Supreme Court, through senior counsel, seeking the fuller right to be heard independently.

Decision Breakdown

The Supreme Court explained the legal distinction between Section 301 CrPC (which lets a complainant's counsel assist the Public Prosecutor but only under the latter's directions) and Section 302 CrPC (which lets a Magistrate, on a written application, permit a complainant to conduct the prosecution independently). Since the appellant had only ever made an oral request and had not filed a formal application invoking Section 302, the Court held it could not grant the broader relief now being sought, and the High Court's restriction of the appellant's role to Section 301 was therefore not disturbed. The Court nonetheless clarified that Section 302 applies at every stage of the case, including framing of charge, and granted the appellant liberty to file a written application under that provision before the Magistrate, to be decided on its own merits without being hindered by the orders of the Magistrate or High Court already passed: expressly stating it was not expressing any opinion on the merits of such a future application. The appeal itself was finally disposed of on this basis.

Lesson Learnt

A private complainant in a criminal case who wants to actively conduct the prosecution (rather than merely assist the Public Prosecutor) must make a specific written application under Section 302 CrPC: an oral request for a hearing is not enough, and courts will not grant that wider right without the proper procedural application being made first.

Official source (sci.gov.in)View Judgment (PDF)

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