Locus standi in criminal writ petition
Heinrich Manoah
(Querist) 30 October 2010
This query is : Resolved
we are a 3rd party NGO working for a cause. The case is that we brought to the notice of the tahsildar of a crime being committed in his jurisdiction and he also filed a complaint with the local police station. The police filed B report and then we made a protest petition which was accepted and later was dismissed after the examination of witnesses. Now, we filed for criminal writ petition and the Judge says that we have no locus standi and the tahsildar only has the power to file the petition. Is there any citation which says that a NGO/3rd party can file a petition on behalf of the aggrieved person? thank u all for ur help.
Devajyoti Barman
(Expert) 30 October 2010
Who filed the protest petition, you or the tahsildar. If it was of yours then you have already made your entrance in the case. However, as the Magistrate rejected the protest you should have filed the Revision either before the sessions Court or before the high court.
Be that as it may, try your luck in Writ court and if you fail then come to the Revisional court accompanied with section 5 of the Limitations Act petition.
s.subramanian
(Expert) 30 October 2010
Once you have chosen to file a writ,you have succeed or fail in it. If you lose in the writ you cannot file any revision after that since you have elected to file the writ. You will be barred by the Doctrine of Election in law. You ought to have filed a revision only since the question of locus standi would not have arisen at all. Even now,it is open to you to withdraw the writ with liberty to file the revision,which alone will be safe and practical. Don't proceed with the writ since the question of locus standi would be hanging like Democle's Sword on your neck.
Devajyoti Barman
(Expert) 30 October 2010
I disagree. Section 14 of the Limitations Act is the exception of the Rule of Election in Law. Once you file the Revision you have to pray condonation of delay on the principle as laid down in Section 14 of the Act.
s.subramanian
(Expert) 30 October 2010
Sec.14 can be invoked if only the case is being filed and fought in a wrong court by bona fide mistake. it will not apply to a case where the party has given up his right of revision and filed the writ petition and fought it in a full fledged manner giving up his right of revision. If you invite any decision on merits in the writ petition that you do not have locus standi to interfere in the matter,you cannot file any revision against the same order,which has been the subject matter of the writ petition. Your revision will be not even be admitted. Discretion is the better part of valour. I would advise you not to take such risk and lose your battle for justice on technicalities. No litigant is given the right in law to fight the same cause in different courts in different manners and different forms knowingly.
Heinrich Manoah
(Querist) 30 October 2010
Thank you for your prompt replies. We actually had filed a revision petition and it was dismissed as not maintainable. We are the one who filed the protest petition.
Devajyoti Barman
(Expert) 30 October 2010
Then you could not file the Revision as well.
bhupender sharma
(Expert) 01 November 2010
Locu- standihow u are cncerned/ affected if we say in simple language.
the answere would be in negative in the given circumstances u have no locus- standi.
