TMI Blog2015 (2) TMI 1385X X X X Extracts X X X X X X X X Extracts X X X X ..... etch maximum rent from the tenants and asked her to stay with the O.P. No. 3 at Uttarpara. Believing such representation to be true she began to reside at Uttarpara with O.P. No. 3. Since then the petitioner No. 1 did not allow her to come back. During the end part of 2010 the petitioner No. 1 along with the petitioner No. 2 Smt Kalyani Biswas who is her second daughter, threatened her not to ever think of returning to the said premises and disclosed that it has been mutated in the name of petitioner No. 1. 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 decision of the Hon'ble Supreme Court cited by the Leaned Counsels for the parties in JIMMY JAHANGIR MADAN VERSUS BOLLY CARIYAPPA HINDLEY (DEAD) BY LRS. [ 2004 (11) TMI 520 - SUPREME COURT] . 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 consideration now is as to whether th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 to file Naraji Petition. 3. He further contended that the Learned Magistrate has passed the order without considering the infirmities involved in this matter in respect of filing of Protest Petition by the O.P.s. He contended yet further that the right to file the Protest Petition is conferred only on the Informant who lodged the First Information Report and none else. The O.P.s. being the legal heirs of the Informant have no locus standi to file Protest Petition. At best, they can appear before the Learned Magistrate at the time of consideration of the final report and if they want to make any submission in regard to such report the Learned Magistrate is bound to hear them. Therefore, according to Mr. Chowdhury, the Learned Magistrate acted illegally by vesting the right of the de-facto complainant upon the Opposite Parties who are her legal heirs, to file the Naraji Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forward by the Learned Counsels appearing for the parties. I have perused the decisions cited by them. I have also gone through the entire materials available on record with special attention to the impugned order. 7. Before entering into the merits, I think it better and profitable to make a brief reference to the relevant facts to understand the controversy raised in this Revision. The de-facto complainant Madhurilata Bose, a 70 years old lady, wife of Late P.C.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 dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aji Petition. 9. Before 31.12.2009 the concept of victim was foreign to the Code of Criminal Procedure. By the Code of Criminal Procedure (Amendment) Act, 2008, widespread amendments were made not only introducing the definition of victim as Section 2(wa) w.e.f.31.12.2009 but various other provisions were also included in the Code for benefit of the victim. Thereby recognizing the importance and relevance of a victim in the process of investigation, enquiry, trial, appeal, revision, etc. 10. The term victim has been defined in newly introduced S. 2(wa) Cr.P.C. The relevance of victim has further been recognized in other parts of the Code which is evident from the newly introduced amended provisions by way of Code of Criminal Procedure (Amendment) Act, 2008. This Amendment Act was introduced basing upon the Statement of objects and reasons which mentioned inter alia that At present, the victims are the worst sufferer in a crime and they do not have much role in the Court proceedings. They need to be given certain rights and compensation, so that there is no distortion of the Criminal Justice System. 11. Amendment of section 2. - In Section 2 of the Code of Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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