A complainant can only assist the Public Prosecutor when the proceedings are being conducted at the stage of inquiry, trial or appeal. Such a complainant can submit written arguments after the evidence is closed in the case but as far as application for grant of bail is concerned there is no provision made in the Code of Criminal Procedure that a complainant or a third party can intervene and make any submissions independently in opposing the application for grant of bail or anticipatory bail.
Section 438 (Anticipatory Bail) of the Code of Criminal Procedure does not contemplate by itself any hearing to be given to the complainant party in a police case. There is no provision of law or any case wherein it may have been laid that even in a police case a complainant party can be given hearing
Court is supposed to act independently and exercise his own discretion to see that justice is done in such cases. Court has to conduct the proceedings in a fair mind without any prejudice towards the accused whereas if the complainant is allowed to interfere in the proceedings, it is evident that object of the complainant would not be to see only that justice is done in a particular case but in all probability such a complainant would be swayed with the emotions to seek revenge or vendetta for his own satisfaction. Counsel representing the complainant cannot be as unbiased as a public prosecutor would be.
Regards,
Ekta
