Introduction:

In a recent ruling, the Delhi High Court addressed the issue of whether the right of a victim or complainant to be heard in a criminal case extends to being impleaded as a party in a criminal revision. The case, VLS Finance Ltd v. State NCT of Delhi and Ors, saw the court emphasizing the subordinate nature of the victim’s right to participate in revision proceedings compared to the role of the Public Prosecutor.

Arguments of Both Sides:

The petitioner, VLS Finance Limited, sought impleadment and the right to be heard in all pending Revision Petitions related to a cheating case. The petitioner’s counsel argued for their right to participate in the proceedings, while the respondents’ counsels, representing the State and the accused, contended that such participation should be regulated by the Court based on the facts and circumstances of each case.

Court’s Judgement:

Justice Navin Chawla held that while victims have a right to be heard in revision proceedings, this right does not elevate to a right to be impleaded as a party. The Court stressed the need to maintain a balance between the State’s duty to prosecute on behalf of society and the victim’s right to seek justice. The Court upheld the trial court’s decision to not implead the petitioner as a party but allowed the petitioner a fair and reasonable opportunity to be heard and to submit written submissions.