The Bombay High Court held that although the applicant was not the first informant, being a victim of the offense made them the proper party to the main writ petition. The court directed the petitioner to implead the applicant as respondent No.2.
Directed the writ petitioner to implead the applicant as respondent No.2 within two weeks.
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FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.356 OF 2014 IN
WRIT PETITION NO.2066 OF 2014
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
Ms Manjula Rao for the petitioner
Ms Poonam Utekar for the Applicant
Mr.K.V.Saste, APP for the State.
CORAM :A.S.OKA AND
R.D.DHANUKA,JJ.
DATE : SEPTEMBER 8, 2016
P.C.
1Heard the learned counsel for the
applicant-intervenor and the learned
counsel for the writ petitioner. Though
the applicant may not be the first
informant in the FIR subject matter of
challenge in the writ petition, it can
be said that the applicant is a victim
of the alleged offence.
2Accordingly, the applicant is the
proper party to the main writ petition.
Hence, we dispose of the application by
passing the following order:
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(I) We direct the writ petitioner to
implead the applicant as party
respondent No.2 to the main writ
petition by carrying out amendment
within a period of two weeks from the
date on which this order is uploaded;
(II) The Advocate for the applicant
takes notice of the writ petition;
(III) We clarify that we have made no
final adjudication on the correctness
of the detailed averments made in this
application;
(IV) Criminal application is disposed
of on above terms.
(R.D.DHANUKA,J)
1 issue framed by the court
Whether the applicant, though not the first informant, is a proper party to the writ petition as a victim.
Unspecified Writ Petitioner
Unnamed Applicant
The State
A.S.OKA
R.D.DHANUKA
As recorded by the court registry
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