Distressgirlfreinds (minister) 16 June 2017

Under 156(3) crpc can a third party has locus standi

Under 156(3) crpc can a third party has locus standi to file application before magistrate.

There are several complaints online and marriage bureu complaints agianst a guy of s*xual harresment and assault .I have given complaints to concerned thana and s.s.p ,no fir registered till date...I am not the victim in said complaints but I have taken initiative to complaint.When no one registered the F.I.R I move application under 156(3) before magistrate to direct police investigation.Maigstrate has asked me to prove my locus standi as I am not the one of victim and I am a third party.Any citations will be real help...

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Ms.Usha Kapoor (CEO) 16 June 2017

u/s 156(3) 3rd party has no locus standi MAY BE IN EXCEPTIONAL CIRCUMSTANCES THE COURT May grant locus standi status to a 3rd party/.

IN the following Madras High court case it was held:

30. If a petition to condone the delay, under Section 5 of Limitation Act is filed by a convicted accused, the Court has to show leniency, so as to decide the main revision or appeal on merits. However, in case of petition, filed under Section 5 of Limitation Act, by a complainant or third party, in an unnumbered revision petition, which is legally not maintainable, the Court need not show any leniency in allowing the petition. As the unnumbered revision petitions filed by third party are legally not maintainable, apart from the fact that there is no bonafide reason assigned by the petitioner to condone the inordinate delay of 310 days in filing the unnumbered criminal revision petitions, I answer both the points for determination against the petitioner / third party herein. Therefore, I am of the view that the miscellaneous petition is liable to be dismissed and the unnumbered miscellaneous petition and the unnumbered criminal revision petitions are liable to be rejected.