Can victim become a party in Criminal Government appeal
1 year ago
I am victim in a criminal case and accused got acquittal from court. Government has filed a government appeal and has been lying in the high court since 2008 (admitted in 2008). Now I want to expediate the matter.
Can I apply to become a party in the case, if yes then under which section?
What other things I can do so that court list the matter?
Since already appeal is preferred as such you can approach the High Court and assist the Government pleader who is your pleader appointed on behalf of Government to expedite the matter. Otherwise seek appointment of your own advocate along with Government Advocate under following provision of law.
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PERMISSION TO SEEK ENGAGEMENT OF PRIVATE ADVOCATE IN CRIMINAL CASE ALONG WITH PROSECUTOR
Section 302 of the Cr.P.C.
(The Code of Criminal Procedure, 1973) and the two Judgments of the Hon'ble Supreme Court of India i.e. M/s. J.K. International vs. State, Govt of NCT of Delhi and Ors., and Dhariwal Industries Ltd. vs. Kishore Wadhwani and Ors, are the answer to the proposition that in the case of Magistrate Trial, a Complainant or any other person can, in addition to the Public Prosecutor, assist the Court and participate in the conduct of the Trial. The mandate of the Hon'ble Supreme Court of India in the above mentioned 2 cases is also the law of the land and binding on all Courts.
I could have explained more if background is known to me. I am at your service if you visit my office.
ANKIT [email protected]
Replied 1 year ago
Sir, Thanks for the response.
You are from Karnataka and I am from Uttarakhand so it will not be feasible to visit your office.
Ruling quoted by you are related to assisting government advocate in trial proceeding but I am looking for assisting government lawyer or becoming party in government appeal, Is there any law or ruling for such matter.
Can't victim do anything where he has suffered losses. Case is of 1996. Trial went on for few year, after that trial court order for acquittal. GA was filed in 2004 which got admitted in 2008 in Uttarakhand High Court and since then nothing is happening in our case. Victim is now a senior citizen and want justice.
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