The Punjab and Haryana High Court has held that since the petitioner is not the complainant in the case, he cannot ask for addition of particular offences in the case.
If so advised, he may avail of remedy by approaching the 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. The Magistrate then may take appropriate action in accordance with law.
A single-judge bench of Justice H.S. Madaan passed this order while hearing a petition filed by Mohan Lal.
The petition under Section 482 CrPC has been filed by Mohan Lal for issuance of directions to respondents No1 and 2 i.e State of Haryana and Superintendent of Police, Kaithal to register case against private 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 petition.
“As per own case of the petitioner, the FIR dated 9.6.2020 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.”
“As informed by the State counsel, the challan in the case has been filed,” the Court noted.
“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 the 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. The Magistrate then may take appropriate action in accordance with law. However, the petition at his instance is not maintainable and is dismissed accordingly,” the order reads.