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TMI Blog2015 (2) TMI 1385X X X X Extracts X X X X X X X X Extracts X X X X ..... the Learned Chief Judicial Magistrate, Alipore permitted the Opposite Parties herein to proceed with the case in place of the original de-facto complainant (since deceased) and has also permitted them to file Naraji Application (Protest Petition). 2. Mr. Somyapriya Chowdhury, Learned Counsel appearing on behalf of the petitioners submitted that the petitioners have come forward with this petition seeking for setting aside the impugned order dated 20th June, 2014 passed by the Learned Chief Judicial Magistrate, Alipore in CGR No. 2817 of 2011 allowing the petition filed under Section 302 Cr.P.C. seeking permission to the de-facto complainant's daughters to conduct the prosecution on behalf of the deceased de-facto complainant and also t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Opposite Parties to represent their deceased mother who was the de-facto complainant and to continue the prosecution by filing a Naraji Petition. He further submitted that the Opposite Parties filed a petition under Section 302 Cr.P.C. seeking permission to continue the prosecution by filing a Naraji Petition. He continued to contend that the Learned Magistrate was quite justified in allowing such petition otherwise it would have been a meaningless exercise only by permitting the Opposite Parties to continue with the prosecution without giving them also the permission to file the Naraji Petition since they are the worst victims of the fraud, cheating and forgery committed by the petitioners/accused upon their mother and thereby depriving ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bose used to reside at her husband's place at 78, Ballygunge Place, Kolkata-700019 since the year 1993. Her husband died in the year 1995. Even thereafter she lived there till the year 2003 along with her youngest daughter Sonali Rakshit (O.P. No. 3 herein). Between the period from 2003 to 2009 she lived with her eldest daughter Smt. Ratna Basu Roychowdhury (O.P. No. 2 herein). In the year 2009 her son Debasish Bose (Petitioner No. 1 herein) fraudulently and dishonestly induced her to believe that he intended to help her financially by inducting tenants in the ground floor of the said premises and he made her sign a few papers. She was then suffering from various ailments including vision problem and she was in dire need of money for tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation on 04.12.2012 praying for permission to continue with the case in place of their deceased mother by filing Naraji Petition and that application was allowed by the impugned order. 8. The question as to whether the heirs of the de-facto complainant can be allowed to continue the prosecution is no longer res integra as the same has been concluded by the aforesaid decisions of the Hon'ble Supreme Court cited by the Leaned Counsels for the parties. It has also been held by the Hon'ble Supreme Court that the injured person or relative of the deceased is entitled to appear before the Magistrate and can make his submission at the time of consideration of the report by the Magistrate. Thus the core question which falls for considerat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir:' 12. In view of the above, it is evident that "victim", who is the ultimate sufferer in the commission of a crime, has been given recognition as an aggrieved party by introducing the abovesaid amendment in Cr.P.C. There is no manner of doubt that right from the occurrence of the incident till the decision of trial, appeal or revision, till the highest Court of law, the "victim" is as much interested in the decision as is the accused or the State. In fact, the "victim" on account of being the injured person and the sufferer, deserves to be recognized as the most aggrieved party in a crime. It ..... X X X X Extracts X X X X X X X X Extracts X X X X
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