Maintainailability of private complaint
Querist :
Anonymous
(Querist) 24 December 2011
This query is : Resolved
Dear Friends,
I approached a concerned court to file a private complaint against a person who has committed certain offences u/s 181…. and got benefitted, the presiding officer asked me how I got affected from that person committing those offences? And why am I filing private complaint against him? And a date is given for “arguments on maintainability of PCR” can anyone tell me if I am not affected by the acts of offence committed by another person, the law bars me from filing private complaint. If the law does not bar ,kindly,kindly share any citations or any material to support this case.
Thanks in Advance
Deepak Nair
(Expert) 24 December 2011
You cannot file a private complaint unless you are affected by the offence. How can you prosecute somebody who has done nothing wrong to you?
If the offence affects the public at large, you can file a Public Interest Litigation, where you need not be an affected person.
V R SHROFF
(Expert) 24 December 2011
Shri S. Patil,
proper procedure to file case for offence under Section 172 to 182 of the Indian Penal Code is provided under Section 195 read with Section 340 of the Cr.P.C. As envisaged under Section 154 of the Cr.P.C police officer under Section 155(1) was required to refer the information of non-cognizable offence to the Magistrate.
So Follow the Procedure.
You cannot file complaint u/s 181, unless u r concerned Public Servant
Adv Shroff
24-12-2011
9892 432152
N.K.Assumi
(Expert) 24 December 2011
The statements of law posted by V.R.Shroff, is absolutely correct.
Advocate. Arunagiri
(Expert) 24 December 2011
Only the superior officer of the concerned govt employee can give complaint.
No private complaint can be filed.
Shonee Kapoor
(Expert) 26 December 2011
No private complaint is maintainable here/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 26 December 2011
Hi All,
I filed PCR u/s 200 of Crpc on offences committed by a third person, so preceding officer says, how it is maintainable as am not affected or aggrieved in that case.
Now need to know from learned members whether PCR maintainable or not, if it is filed by NOT aggrived.
Thanks in Advance
Deepak Nair
(Expert) 27 December 2011
could you please tell what is PCR?
Please minimise the use of abbreviations as much as possible.
Querist :
Anonymous
(Querist) 27 December 2011
PCR means private complaint
Devajyoti Barman
(Expert) 28 December 2011
Only the person aggrieved can institute private complaint.
