Complainant's right to be heard in quashing proceedings preserves limited participatory standing despite police investigation and charge-sheet.

An aggrieved informant or complainant is not wholly excluded from criminal proceedings once police investigation is complete and a charge-sheet is filed. The Code recognises a limited participatory role, including assistance through the Public Prosecutor and, in appropriate cases, permission to make submissions or conduct prosecution before the Magistrate. Where criminal proceedings initiated on the complainant's complaint are sought to be quashed, the complainant is entitled to be heard. The High Court therefore had to give a reasonable opportunity of hearing before deciding the quashing petition.

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Issues: Whether an informant or complainant has locus to be heard when the accused seeks quashing of criminal proceedings initiated on the informant's complaint.

Analysis: The Code does not wholly exclude an aggrieved private person from criminal proceedings merely because investigation has been taken over by the police and a charge-sheet has been filed. The scheme of the Code recognizes a limited participatory role for such a person: under the provisions governing prosecutions before the Sessions Court, a private person may act under the control of the Public Prosecutor and, with permission, submit written arguments; before a Magistrate, the Court may permit prosecution to be conducted by a person other than a police officer, and such person may act personally or through a pleader. The informant is also vitally interested in the outcome of the police report and is entitled to be heard where the proceedings initiated on his complaint are sought to be nullified.

Conclusion: The complainant could not be shut out from being heard, and the High Court was required to afford him a reasonable opportunity of hearing before deciding the quashing petition.

Final Conclusion: The appeal succeeded, the exclusionary order was set aside, and the quashing petition was directed to be considered afresh after hearing the appellant.

Ratio Decidendi: An aggrieved informant or complainant is not entirely excluded from criminal proceedings and must be given an opportunity of hearing when criminal proceedings initiated at his instance are sought to be quashed.

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