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Supreme Court of India 2016-09-06 disposed

Dhariwal Industries Ltd vs Kishore Wadhwani & Ors

Bench: 2 — Dipak Misra

In Brief

A complainant filed an FIR for multiple offences. At the discharge application stage, the trial Magistrate permitted the complainant to address the court alongside the public prosecutor. The High Court restricted this, holding that the complainant could participate only under the public prosecutor's directions (Section 301 CrPC). The Supreme Court clarified the distinction: Section 302 CrPC permits Magistrates to allow complainants to conduct prosecution independently, but a formal written application must be filed. Without such application, Section 301 CrPC governs, limiting participation to assistance under public prosecutor control. The Court disposed of the appeal and permitted the complainant to file a fresh application under Section 302 CrPC for reconsideration.

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Criminal Procedure Right of Private Complainant Prosecution Magistrate's Court Sessions Court Discharge Application Section 301 CrPC Section 302 CrPC Public Prosecutor

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