Private Complainant’s Role in Criminal Trials: Supreme Court Clarifies Section 302 CrPC

The case of Dhariwal Industries Ltd. v. Kishore Wadhwani & Ors. deals with the role of a private complainant in criminal trials, specifically in the context of Sections 301 and 302 of the Code of Criminal Procedure (CrPC). The Supreme Court clarified the extent to which a complainant can participate in the prosecution of a case.

Background of the Case

Dhariwal Industries Ltd., the appellant, filed a complaint under Section 200 CrPC against the respondents for alleged offenses under Sections 109, 193, 196, 200, 465, 467, and 471 read with Section 120-B of the Indian Penal Code (IPC). The Magistrate, exercising power under Section 156(3) CrPC, directed the police to investigate, leading to the filing of a charge sheet.

At the stage of framing charges, the appellant sought to be heard along with the Assistant Public Prosecutor. The Magistrate allowed the complainant to be heard, but the Bombay High Court, on appeal, modified this order by restricting the complainant’s role under Section 301 CrPC, requiring them to act under the directions of the Public Prosecutor.

Key Legal Issues

• Does a private complainant have the right to participate in criminal prosecution independently?
• What is the distinction between Sections 301 and 302 CrPC?
• Can a private complainant directly address the court during the prosecution of a case?

Arguments from the Appellant (Dhariwal Industries Ltd.)

• The appellant contended that Section 302 CrPC allows a Magistrate to permit a private complainant to conduct prosecution independently.
• They argued that the High Court erred by restricting their role under Section 301 CrPC, which applies only to assistance under the Public Prosecutor’s directions.
• The appellant relied on past Supreme Court rulings to assert that complainants should be allowed to address the court directly if permitted by the Magistrate.

Arguments from the Respondents (Kishore Wadhwani & Others)

• The respondents argued that Section 301 CrPC applies universally, requiring private complainants to act under the Public Prosecutor’s directions.
• They contended that the appellant had never formally sought permission under Section 302 CrPC and thus could not claim independent prosecutorial rights.
• The respondents emphasized that criminal prosecution must be conducted by the State to ensure fairness and impartiality.

Supreme Court’s Judgment

1. Distinction Between Sections 301 and 302 CrPC

The Court clarified that:

• Section 301 CrPC: A private person can engage a pleader to assist the Public Prosecutor but must act under their direction. The pleader can submit written arguments only with the court’s permission.
• Section 302 CrPC: A Magistrate may permit any person to conduct the prosecution independently. This provision applies only in Magistrate trials.

The Court held:

“The role of the informant or private party is limited in the prosecution of a case in a Court of Session. The counsel engaged by them must act under the Public Prosecutor’s directions. However, under Section 302 CrPC, the Magistrate may allow independent prosecution.”

2. Whether the Complainant Can Independently Prosecute

The Supreme Court observed that while the appellant sought to participate in prosecution, they had not filed a formal application under Section 302 CrPC. The Court noted:

“When a complainant seeks to conduct prosecution under Section 302 CrPC, they must file a written application for the Magistrate to consider.”

3. Final Ruling

The Supreme Court allowed the appellant the liberty to file an application under Section 302 CrPC. The Court held:

“If an application under Section 302 CrPC is filed, it shall be dealt with on its own merits. The existing orders of the High Court and the Magistrate shall not be an impediment in considering such an application.”

Key Takeaways from the Judgment

• Section 301 CrPC limits private complainants to assisting the Public Prosecutor and submitting written arguments with court permission.
• Under Section 302 CrPC, a Magistrate may allow a private complainant to independently conduct prosecution.
• Private complainants must formally apply under Section 302 CrPC for independent prosecution rights.
• Sessions trials must be conducted by the Public Prosecutor to ensure fairness and impartiality.

Conclusion

The Supreme Court’s ruling in Dhariwal Industries Ltd. v. Kishore Wadhwani & Ors. clarifies the procedural distinction between Sections 301 and 302 CrPC. While private complainants can assist in prosecution, they must obtain permission under Section 302 CrPC for independent prosecution. This ruling upholds the principle that criminal prosecution should primarily remain under State control while allowing limited participation by complainants when necessary.

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Download Judgment: Dhariwal Industries vs Kishore Wadhwani & O Supreme Court of India Judgment Dated 06-09-2016-1741883719068.pdf

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