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Criminal Procedure Code, 1973 — S. 302 — Permission to conduct prosecution — To complainant or victim — Parameters for:

Written By Views maker on Saturday, October 12, 2019 | 3:09 AM


Though Magistrate is not bound to grant permission at the mere asking but victim has a right to assist court in a trial before Magistrate. Magistrate may consider as to whether victim is in a position to assist court and as to whether the trial does not involve such complexities which cannot be handled by victim. On satisfaction of such facts, Magistrate would be within its jurisdiction to grant permission to victim to take over inquiry of pendency before Magistrate. [Amir Hamza Shaikh v. State Of Maharashtra, (2019) 8 SCC 387]

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