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Person Not Being A Complainant Cannot Ask For Addition Of Offences In FIR: Punjab & Haryana High Court

Drishti Yadav
18 April 2022 9:00 AM GMT
Person Not Being A Complainant Cannot Ask For Addition Of Offences In FIR: Punjab & Haryana High Court
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Punjab and Haryana High Court has held that a no-complainant cannot seek directions of addition of particular offences in a FIR lodged by another person.The bench comprising Justice H.S. Madaan therefore dismissed one such petition filed under Section 482 Cr.P.C., stating that the petitioner is not the complainant in that case, therefore, he cannot ask for the addition of...

Punjab and Haryana High Court has held that a no-complainant cannot seek directions of addition of particular offences in a FIR lodged by another person.

The bench comprising Justice H.S. Madaan therefore dismissed one such petition filed under Section 482 Cr.P.C., stating that the petitioner is not the complainant in that case, therefore, he cannot ask for the addition of particular offenses.

The Bench however made it clear that the petitioner can avail the remedy by approaching the Magistrate concerned, seeking registration of FIR via an application under section 156(3) of Cr. P.C or by filing a private complaint.

Admittedly, the petitioner is not the complainant in that case. Therefore, he cannot ask for addition of particular offences in the case. If so advised, he may avail of remedy by approaching learned Illaqa Magistrate at Kaithal seeking registration of FIR by filing an application under Section 156(3) Cr.P.C. or by filing a private complaint. Learned Magistrate then may take appropriate action in accordance with law.

The petition sought directions to respondents No.1 (State of Haryana) and respondents No. 2 (Superintendent of Police, Kaithal) to register a case against private respondents for offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989.

It is the case of the petitioner that he had moved representations in 2020 to the police in this regard but to no effect, he had to file the present petition.

After considering the submissions, the Court noted that the petitioner is not the complainant in that case, hence it cannot ask for the addition of particular offenses. Court further stated that it can avail the remedy by approaching the Illaqa Magistrate seeking registration of FIR by way of an application under Section 156(3) Cr.P.C. or by filing a private complaint. Upon which the Magistrate may take appropriate action in accordance with the law.

In the light of the reasons stated above, the court dismissed the instant petition holding that the same is not maintainable at the instance of the petitioner.

Case Title : Mohan Lal v. State of Haryana and Others

Citation: 2022 LiveLaw (PH) 79

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