The Delhi High Court has recently observed that a victim has the right to participate in the criminal proceedings but cannot override the public prosecutor who acts as an independent officer of the court.

Justice Subramonium Prasad said that the right to participate would always entail the right to be heard but the victim’s counsel cannot override an argument made by the prosecution nor can the victim claim that the prosecution has made a wrong submission.

– The public prosecutor’s role in a criminal case is primary. The victim’s counsel can substantiate the prosecution’s arguments by bridging any gaps in the prosecution’s arguments,” the court said.

Justice Prasad was dealing with a plea by an appellant in a cheating case challenging an order passed by the Metropolitan Magistrate rejecting his request to conduct oral arguments at the stage of arguments as charged.

The Metropolitan Magistrate had held that the role of the victim is only to assist the prosecution and cannot be extended to allow oral arguments to be taken up.

Justice Prasad upheld a recent decision by a coordinator in VLS Finance Ltd. v. State & Ors. whereby it was held that the right to be heard given to a victim or complainant in a criminal case cannot be elevated to a right to be invoked in a criminal review.

“As the charges are yet to be framed, the court is directed to hear the arguments of the victim as well as give preference to the arguments of the prosecution and proceed according to law,” the court said.

Counsel for the petitioner: Mr. Kanhaiya Singhal and Ms. Chandni Sharma, advocate

Counsel for the defendant: Mr. Yudhvir Singh Chauhan, APP

Title: SACHIN KUMAR AGGARWAL v. STATE NCT OF DELHI & ORS.

Click here to read the order