The Single Judge Bench of the Punjab & Haryana High Court comprising Justice H. S. Madan in the case of Mohan Lal v. State of Haryana and others has dismissed the petition by observing that a non-complainant cannot ask for addition of particular offences in the case.
Reasoning and Decision of the Court
The Court was informed by the Petitioner that a FIR was registered for the offences under Sections 3 of Public Property (Prevention of Damage) Act, 1985 and 447 and 506 read with Section 34 IPC has already been registered against private respondents.
The petitioner prayed the Court to add the offences under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 against the Respondent.
The Advocate General appearing for the State informed the Court that the challan in this case has been filed.
Considering the submissions of the case, the Court expounded that 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.
Therefore, the Court dismissed the petition and instructed the Petitioner that Learned Magistrate then may take appropriate action in accordance with law.
Case Details
Case: - CRM-M-15082-2022
Petitioner – Mohan Lal
Respondent - State of Haryana and others
Judge: Justice H. S. Madan
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