C 917 , 2019 ALLMR(Cri)3942 , 2019 (3 ) ALT (Crl.) 169 (A.P.), 2019 (4 )BomCR(Cri)87 , 2019 CriLJ4212 , 2019 (3 )Crimes227 (SC ), 2019 (3 )CriminalCC703 , 2020 (1 )CTC579 , II (2019 )DMC857 SC , 2019 INSC 874 , 2019 (3 )J.L.J.R.426 , 2019 (3 )JKJ42 [SC ], 2019 (3 )MLJ(Crl)579 , 2019 (3 )PLJR410 , 2019 (4 )RCR(Criminal)1 , 2020 (1 )RLW282 (SC ), 2019 (10 )SCALE516 , (2019 )8 SCC387 , [2019 ]11 SCR597 , 2019 (3 )UC1490 , ,MANU/SC/1056/2019
L. Nageswara Rao#Hemant Gupta#29SC3020Judgment/OrderACR#AIC#AIR#Allahabad Criminal Cases#ALLMR (Criminal)#ALT (Criminal)#BomCR-CriV#CriLJ#Crimes#CriminalCC#CTC#DMC#INSC#JLJR#JKJ#MANU#MLJ(Criminal)#PLJR#RCR (Criminal)#RLW#SCALE#SCC#SCR#UCHemant Gupta,SUPREME COURT OF INDIA2019-8-9General Provisions As To Inquiries And Trials,Criminal Procedure16344,16247,15817,16748,726089,16747,16263,15913,16660,16822 -->
MANU/SC/1056/2019
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IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1217 of 2019 (Arising out of SLP (Crl.) No. 3202 of 2019)
Decided On: 07.08.2019
Appellants: Amir Hamza Shaikh and Ors. Vs. Respondent: State of Maharashtra and Ors. ..(+)
Hon'ble Judges/Coram:
L. Nageswara Rao and Hemant Gupta JUDGMENT
Hemant Gupta, J.
1. Leave granted.
2. The challenge in the present appeal is to an order passed by the High Court of judicature at Bombay on November 27, 2018 whereby an order passed by the Magistrate declining permission to Respondent No. 2 to prosecute the Appellants-Accused for the offences punishable Under Sections 498A, 406 read with Section 34 of Indian Penal Code, 18601, was allowed.
3. The Respondent No. 2 had sought permission to conduct prosecution in terms of Section 302 of the Code of Criminal Procedure, 19732 for the aforesaid offences. The learned Magistrate declined permission without giving any reason but the High Court considered the judgments on the subject and granted permission to conduct prosecution only for the reason that the application has been made by an aggrieved party.
4. Learned Counsel for the Appellants argued that the High Court is not required to give permission to prosecute mechanically only for the reason that such permission is sought by an aggrieved party It is contended that the prosecution is to be conducted by a Public Prosecutor who is an officer of the Court and required to assist the Court to do justice rather than to be vindictive and take side with any of the parties. If the party is allowed to proceed to take over the investigation, the avowed object of fairness in the criminal justice