Supreme Court: Victim's Right to Participate Revived in Property Forgery Case

In a recent decision, the Supreme Court of India reopened a case involving Syed Shahnawaz Ali, letting him take part in the proceedings as a victim. The case is about a property dispute and claims of forgery.

Background of the Case

The case started when Shamshad Ali, Syed Shahnawaz Ali's father, asked the court in Madhya Pradesh to register a police report against certain people for forgery and cheating. This led to charges under several sections of the Indian Penal Code, including Sections 419, 420, and 467.

Court Proceedings

On March 7, 2020, the Bhopal court dropped most charges against the accused, except for cheating under Section 420. Shamshad Ali challenged this decision in the High Court of Madhya Pradesh. However, Shamshad Ali passed away on May 5, 2021, during the proceedings.

High Court's Decision

The High Court dismissed the case on February 21, 2024, saying there was no rule for replacing someone in a criminal case. Syed Shahnawaz Ali, now a victim, wanted to continue the case but was not allowed.

Supreme Court's Intervention

On December 19, 2025, Justice Manoj Misra and Justice Ujjal Bhuyan decided that the case should not end with the death of the original person who brought the case. The court stressed that a victim has the right to be part of the case.

"The legal principles deducible... revisional power under Cr.P.C. is a discretionary power, the exercise of which cannot be claimed as of right."

Key Takeaways

• The decision makes it clear that the death of a person who brought a case does not automatically end the case.
• Victims have the right to help the court in criminal cases, even if they were not the ones who originally brought the case.
• The case has been sent back to the High Court for a new hearing, allowing Syed Shahnawaz Ali to take part as a victim.