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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether, in a proceeding for transfer of a criminal trial under Section 407 of the Code of Criminal Procedure, 1973, the victim is entitled to be heard, and whether an order of transfer passed without hearing the victim is liable to be recalled as vitiated.
Analysis: By the amendments introducing the definition of "victim" and other victim-oriented provisions in the Code of Criminal Procedure, 1973, the victim was accorded statutory recognition as an aggrieved person in criminal proceedings. The scheme of Sections 2(wa), 24(8), 357A and the proviso to Section 372 reflects that the victim is a relevant stakeholder not merely at trial but throughout investigation, inquiry, appeal and revision. The right to be heard before an order affecting the conduct and venue of the trial is passed is consistent with the statutory role assigned to the victim and with the requirement of a fair process. An order transferring a sessions trial affects the victim's interests and cannot be passed behind the victim's back when the victim is identifiable and directly affected. An order made without affording such hearing is therefore legally vulnerable and may be recalled in exercise of inherent powers under Section 482 of the Code.
Conclusion: The victim was entitled to be heard before the transfer order was made, and the transfer order passed without hearing the victim was vitiated and rightly recalled.
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