The Kerala High Court in clarification to how Criminal Law can be set into motion, has reiterated that Locus Standi is an irrelevant factor.
The single-judge bench of Justice K. Haripal observed that a Magistrate cannot return a complaint merely on the ground that it was not filed by the aggrieved person himself/ herself and stressed on the fact that the principle of locus standi doesn't apply in criminal jurisprudence.
The petitioner herein (wife of the an injured in a road traffic accident) has assailed the Magistrate's decision to not act upon her complaint instituted under Section 190 of the Cr.P.C. and moved the present petition under Article 226 of the Constitution of India.
The grievance of the petitioner is that despite intimation given by the concerned official of the Hospital to the Sub Inspector, crime was not registered. It was alleged that petitioner lodged a complaint before the City Police Commissioner which also was not acted upon and thus she approached the Judicial First Class Magistrate. It was specifically averred that after sustaining grievous injuries, her husband was in immobile stage and was under complete rest and thus, she approached the court alleging offences under Sections 279, 337 and 338 IPC. But astonishingly enough, the complaint was returned stating that 'the petition was filed by the wife of the complainant'.
The Court was 'disturbed' in regard to the manner her complaint was not considered. Pointing out to the note put up by the Learnd Magistrate for the same, the Court noted it is clear that the signed order was passed by the Magistrate who has returned the complaint on the premise that it was filed by the wife of the complainant which is 'illegal'.
The Court upon hearing both the parties made it clear that undoubtedlly, the order passed by the Magistrate was illegal and unsustainable. It cited A.R. Antulay Vs. Ramdas Sriniwas Nayak & ANR, 1984 Latest Caselaw 31 SC and observed:
"It is the settled proposition of law that criminal law can be set in motion by any person. Here, on the ground that after sustaining grievous hurt, her husband is unable to move out and hence, she has taken initiative to prefer the complaint. The principle of locus standi is alien to criminal jurisprudence."
The Court mentioning that no statutory exemption is available in law to the above principle, showed its shock towards the manner of conduct of the Magistrate:
"More disturbing is the Court acting upon office notes put up by the ministerial staff. This Court takes strong exception to such a conduct. In judicial matters, the staff members cannot make any note or suggestion. The learned Magistrate has not applied his mind before returning the complaint. The reason stated is illegal."
The impugned order was thus accordingly quashed.
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments