While dealing with case of Mohan Lal v. State of Haryana and Others, the Bench of Justice Justice H.S. Madaan of Punjab and Haryana High Court has held that a person not being the complainant cannot seek directions from the Court to the effect that any a particular offences be added in a FIR lodged by another person.
Here, this petition under Section 482 Cr.P.C. has been filed by petitioner Mohan Lal for issuance of directions to respondents No.1 and 2 i.e. State of Haryana and Superintendent of Police, Kaithal to register case against privatge respondents No.4 to 6 for offences under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989.
According to the petitioner, he had moved representations dated 8.6.2020 and 22.6.2020 to the police in that regard but to no effect necessitating the filing of the present petition. As per own case of the petitioner, FIR 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, namely, Sukhwinder Singh, Aman and Harminder @ Tota, in which one Raj Kumar is complainant. The said FIR is under investigation.
The Court noted at the outset that admittedly, the petitioner is not the complainant in that case. Therefore, the Court held,
“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.”
Thus, Court directed Magistrate to take appropriate action in accordance with law. The instant petition was dismissed accordingly.
Case Name: Mohan Lal v. State of Haryana and Others
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