Locus standi
Ajay Bansal
(Querist) 13 February 2013
This query is : Resolved
A lady namely Gurmet Kour died in year 1977. Some Agricultre land was remained in her name in the revenue-record without any reason. Her real brother namely Gurdev sold that land to anybody after producing an impersonated Gurmeet Kour before the Registrar in year 2008. Neithr any son/daughter of real Gurmeet Kour nor the purchaser of said land wants to make any complaint. My client, who is a Far-Relative of real Gurmeet Kour, wants to make a criminal complaint in court regarding aforesaid crime. Whether said complaint could be maintainable in the absence of 'locus-standi'. Kindly tell exact position of law with citations.
Raj Kumar Makkad
(Expert) 13 February 2013
There is no question of raising the issue of locus-standi in criminal cases. Any person can move the wheel of justice. See the contents of section 190 of Criminal procedure code vide which any person is written so your client can definitely bring such issue before the court and he can surely plead the case. You can take reference of famous of Abdul Rehman antulay versus Ram Naik on the same lines.
Hemant Agarwal
(Expert) 14 February 2013
1. There is no question of requirement of "locus-standi" as far as filing of a Private Criminal complaint is concerned. However IF it is proved at a subsequent stage that the complainant has any vested interest in filing the said complaint, THEN the complainant becomes liable for prosecution.
2. The Apex Court in the case of M/s. M. M. T. C. Ltd. and another v. M/s. Medchl Chemicals & Pharma(P) Ltd. and another(supra) referred to its earlier decision in the case of Vishwa Mitter v. O. P. Poddar((1983) 4 SCC 701) wherein it was held that "ANYONE CAN SET THE CRIMINAL LAW IN MOTION" by filing a complaint of facts constituting an offence before a Magistrate entitled to take cognizance. It has been held that no Court can decline to take cognizance on the sole ground that the complainant was not competent to file the complaint
Keep Smiling .... Hemant Agarwal
Advocate Ramesh
(Expert) 14 February 2013
It is double edged weapon before filing criminal complaint you should collect all relevant materials then do
