Criminal Procedure Code, 1973 S.   2(d), 378(4) - Complainant - Expression "complainant" is not defined in the Code though Section 2(d) defines "complaint" to mean "any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report" - A person, other than the informant in a police-case, who makes the allegation orally or in writing to the Magistrate is a `complainant' within the meaning of Section 378(4) of the Code. (173) PLR

Criminal Procedure Code, 1973 S.   2(wa), 24(8), 372, 357-A - "Victim" as defined in Section 2(wa) includes all categories of his/her legal heirs for the purpose of engaging an advocate under Section 24(8) or to prefer an appeal under proviso to Section 372 of the Code - However, legal heirs comprising only the wife, husband, parent and child of a deceased victim are entitled to payment of compensation under Section 357(1)(c) of the Code - Similarly, only those dependents of a deceased victim who have suffered loss or injury as a result of the crime and require rehabilitation, are eligible to seek compensation as per the Scheme formulated under Section 357-A of the Code. (173) PLR

Criminal Procedure Code, 1973 S.   2(wa), 372, 378(4), 378(1) - "Victim" - Right of victim - Presentation of appeal against acquittal - Where would the appeal of a `victim' preferred under proviso to Section 372 lie when the State also prefers an appeal whether proviso to Section 372 Cr.P.C. is prospective or retrospective - What would be the period of termination for a `victim' to prefer an appeal under proviso to Section 372 Cr.P.C. (173) PLR

Criminal Procedure Code, 1973 S.   2(wa) - Every heir who, in law, is entitled to succeed to the estate of a deceased `victim' in one or the other eventuality, shall fall within the ambit of Section 2(wa) of the Code, even if the estate of such deceased `victim' is to devolve upon the legal heirs as per the order of preference prescribed under the personal law of such `victim' - This conclusion of ours is also compatible with the other provisions of the Code. (173) PLR

 

Criminal Procedure Code, 1973 S.  36  - Power of State Police Chief/Director General of Police to appoint a superior police officer to investigate a crime case registered outside the territorial jurisdiction of such officer -   Power of the State Police Chief would be amenable to the judicial process and  it can always be subjected to challenge on grounds of malafide or as being without justification and reasonable cause. (2016)3 PLRSC 422