Victim Has A Right To Be Heard In Criminal Revision Proceedings; But There Is No Right To Be Impleaded: Delhi HC

The Delhi High Court has held that while the victim/complainant has a right to be heard in criminal revision proceedings, there is no right to be impleaded in the proceedings.

In that context, the Bench of Justice Navin Chawla observed that, "it must be held that while the victim/complainant has a right to be heard in the revision proceedings, such right does not upscale itself to a right to be impleaded in the said criminal revision. The Court while affording a right to be heard to a complainant/victim, shall regulate the same depending on the facts and circumstances of each case."

The court addressed a plea from VLS Finance Limited, which challenged a trial court's decision to dismiss its applications for impleadment and to be heard in all pending Revision Petitions related to a cheating case. The accused had filed these Revision Petitions before the trial court to contest the order framing charges against them.

The Court observed that, "the right is one of being heard. Hearing a party does not necessarily involve the impleadment of such a party... the right of the victim to participate in the trial and proceedings emanating therefrom, though recognized and is of importance, however, is still not of position where the victim replaces the Public Prosecutor. The right would remain subordinate to that of the Public Prosecutor and, therefore, where the victim applies for a hearing in a Revision Petition, while the victim must be heard, there is no mandate in law to implead the victim as a party."

It was further highlighted that a balance has to be struck between the duty/responsibility of the State to conduct the criminal prosecution on behalf of the society as a whole, and the right of the victim/complainant to seek justice for the wrong done to it. In achieving this balance, though the victim/complainant may be heard, however, would not have a right to be impleaded, and such hearing shall be regulated by the Court depending on the facts and circumstances of each case. 

The Impugned Order was partially set aside, and the ASJ was directed to afford a fair and reasonable opportunity of hearing.

Cause Title: VLS Finance Ltd. vs State NCT of Delhi & Ors.

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