Amir Hamza Shaikh vs The State Of Maharashtra

The Supreme Court held that the High Court erred in granting permission to the respondent to conduct prosecution under Sections 498A and 406 IPC without a proper judicial assessment. The Court emphasized that prosecution should primarily be conducted by a Public Prosecutor to ensure fairness in the criminal justice system, as outlined in Section 302 of the Code of Criminal Procedure, 1973. The Court set aside the High Court's order, reinforcing that the discretion to permit private prosecution must be exercised judiciously and not merely based on the aggrieved party's request.