The Supreme Court on August 7, 2019, in the case of Amir Hamza Shaikh & Ors. v. State of Maharashtra & Anr., has observed that though the Magistrate is not bound to grant permission to a victim to conduct prosecution at the mere asking but the victim has a right to assist the court in a trial before the Magistrate.

The Bench comprising of Justice L. Nageswara Rao and Justice Hemant Gupta observed that if the magistrate is satisfied that the victim is in a position to assist the court and the trial does not involve such complexities which cannot be handled by the victim then magistrate would be within its jurisdiction to grant of permission to the victim to take over the inquiry of the pendency before the Magistrate.

In this case, the High Court granted permission to prosecute the offences under Sections 498-A, 406 read with Section 34 of the Indian Penal Code, 1860. In appeal, the Apex Court opined that the High Court granted such permission without examining the relevant parameters. Referring to various earlier judgments including Mallikarjun Kodagali (Dead) represented through LRs v. State of Karnataka, the Bench observed:

"We find that though the Magistrate is not bound to grant permission at the mere asking but the victim has a right to assist the Court in a trial before the Magistrate. The Magistrate may consider as to whether the victim is in a position to assist the Court and as to whether the trial does not involve such complexities which cannot be handled by the victim. On satisfaction of such facts, the Magistrate would be within its jurisdiction to grant of permission to the victim to take over the inquiry of the pendency before the Magistrate."

[Read Judgment]