DHARIWAL INDUSTRIES LTD. versus KISHORE WADHWANI & ORS.

DHARIWAL INDUSTRIES LTD. versus KISHORE WADHWANI & ORS.

The role of the informant or private party is limited during prosecution in Sessions Court under Section 301 CrPC, but the Magistrate may permit the complainant to conduct prosecution independently under Section 302 CrPC if a written application is filed; Section 302 applies to all stages including framing of charge and is distinct from Section 301 CrPC.

Parties
Appellant: Dhariwal Industries Ltd.; Respondents: Kishore Wadhwani & Ors.
Jurisdiction
India
Judgment Date
06 September 2016
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal disposed of
Legal Topics
Code of Criminal Procedure, Role of Complainant, Conduct of Prosecution, Section 301 Cr PC, Section 302 Cr PC
Criminal Law Code of Criminal Procedure Role of Complainant Conduct of Prosecution Section 301 Cr PC Section 302 Cr PC

Case Brief

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Parties

Dhariwal Industries Ltd.

Appellant

Kishore Wadhwani & Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether the complainant is entitled to independently conduct the prosecution before the Magistrate under Section 302 CrPC
  2. 2 What is the role of the complainant at the stage of framing charge and during prosecution under Sections 301 and 302 CrPC

Ratio Decidendi

The role of the informant or private party is limited during prosecution in Sessions Court under Section 301 CrPC, but the Magistrate may permit the complainant to conduct prosecution independently under Section 302 CrPC if a written application is filed; Section 302 applies to all stages including framing of charge and is distinct from Section 301 CrPC.

Court Disposition

Appeal disposed of

Orders

  • Appellant may file an application under Section 302 CrPC before the Magistrate; any such application will be considered on its merits; prior orders of Magistrate and High Court will not obstruct consideration.