In Brief
The Supreme Court examined when a Magistrate may grant permission under Section 302 of the Criminal Procedure Code to allow a victim to conduct private prosecution. While rejecting the High Court's automatic approval based solely on the victim being an aggrieved party, the Court held that victims have a fundamental right to assist courts in pursuing truth. Permission should be granted only after the Magistrate considers whether the victim can adequately assist and whether the case complexity exceeds the victim's capacity. The Court remitted the matter to the Magistrate for reconsideration under the proper legal parameters, allowing the appeal."
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