The Rajasthan High Court has directed its registry to ensure that no appeal under Section 14A of the SC/ST Act shall be instituted unless the complainant/victim is impleaded as party respondents therein.
A single judge bench of Justice Sandeep Mehta pronounced the order after he noticed that petitioner/accused has not impleaded the complainant/victim as a party in the case.
The petitioner/accused has filed an appeal before the High Court under section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention & Atrocities) Act challenging the orders passed by the Special Judge, who rejected his bail application.
The high court has noted that accused has not impleaded complainant/victim as party in the case.
The court noted according to Section 15A (3) & (5) of the SC/ST Act read as follows:-
15A. (3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall I form the victim about any proceedings under this Act.
(5) A victim or his dependent shall be entitled to be heard at any proceedings under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing.
“Manifestly, thus, the appeal of the accused under Section 14A of the SC/ST Act against an order rejecting bail cannot be decided without notifying the complainant/victim of these proceedings,” said the Court.
The Court directed counsel for the appellant/accused to implead the Complainant/victim as party.
The Court has further directed its registry to ensure that no appeal under Section 14A of the SC/ST Act is instituted unless the Complainant/victim is impleaded as a party respondent therein.
Read the order here;204400005422020_1
-India Legal Bureau