Application of a third unauthorised party allowed u/s 302 of Crpc
AMAR RANU
(Querist) 01 June 2011
This query is : Resolved
Whether a former representative of an original complainant corporate body in a private complaint before a magistrate can file an application u/s 302 of Crpc in his individual capacity to seek permission to prosecute the accused in a compondable offence u/s 406 of IPC in the said private complaint whereas the original complainant corporate body wanted to withdraw the said same private complaint lodged thorugh the former said representative?
In a bizare Order,a Mumbai Magistrate has allowed the said application of the said former and unauthorised representative and new and substitute authorised representative of the said original complainant corporate body has also been allowed by the said Magistrate to represent and pursue the said private complaint on behalf of the said original complainant corporate body.
In the light of the above,it is humbly submitted as to whether said section of 302 of Crpc is applicable in the matter of private complaints before Magistrate courts and can a former and unauthorised representative can intervene alongwith a substitute and new authorised representative of the said original complainant corporate body and what would be the remedy now?
PARTHA P BORBORA
(Expert) 01 June 2011
As per the provision laid down by Sec 302 Sub Sec- 2 Cr.P.C any person can conduct prosecution by himself or by a pleader, if the Court allows him to do so. To conduct prosecution himself, he must file an application before the Court concern seeking permission to conduct prosecution himself under Section 302 Sub Sec- 1 of Cr.P.C.
But if you find any irregularity you may file a revision before the Sessions judge.
AMAR RANU
(Querist) 03 June 2011
Answer is not clear.
Whether said section of 302 of Crpc is applicable to private comp[laints?
AMAR RANU
(Querist) 20 June 2011
Whether any competent criminal lawyer can clarify the above said pointed small legal question?This small legal point has been hanging for the last over a few weeks in this forum and yet to be solved/answered.
AMAR RANU
(Querist) 09 July 2011
Why this forum is silent on this trifle law point for the last several days?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 July 2011
CRPC section - 302 is not applicable to private complaints.
If the original complaint is not filed by proper person , this can not be amended.
If allowed by the trial court go to revision, it is sufficient for dismissal of the complaint.
AMAR RANU
(Querist) 10 July 2011
During arguments of Revision before a Session Judge,a full bench judgment of SC was shown to him contending that section 302 of Crpc is applicable to police complain,as rightly told by a saner professional as above,but the revision was dismissed by citing frivolous reasoning.
Now,I would be grateful if some credible citation is quoted by some saner professional highlighting the pointed question that the above said section is not at all applicable to private complaints and thus enabling me to put up a proper case before HC.
