Dismissal of private complaint on unjustified grounds

get power of attorney in your favour by your mother then you will be able to contest on behalf of your mother

if lower court dismissal complaint on unjustified ground then you can revision u/s 397 Cr.p.c in session court

In this particular case i feel the order passed is slightly unjustified. There is no bar against a private person filing a complaint case against any offence which may happen in front of him.Rather such practises are to be encouraged in order to encourage people in being concerned regarding the overall mishaps of the society as well instead of just their own issues.  

Legally there may have been some other points or issues which the magistrate may have considered while deciding the complaint. U may point to the sessions court that as per Srction 2(wa) of the Crpc , the victim of a crime includes his legal heirs and guradians as well and so u are covered under the term of victim for any wrong done to your mother. hence ur complaint is very much maintainable.

Argue before the sessions juudge profoundly.Tell him how u r legally as well as morally a victim of the crime plus quote the above noted section as support. 

Revision wud be the appropriate provision as per section 398 Crpc where the sessions court may direct the CMM to further direct the concerned MM to conduct a further enquiry into the same matter.

Cheers

Advocate Augustine Chatterjee

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