case law on sec 21 of juvenile justice act
bhupendra
(Querist) 05 March 2011
This query is : Resolved
Hi All Respected members pls
provide me a case law on sec 21 of juvenile justice care & protection act
i had filled a complaint but complainant is not guardian or relative of juvenile
but he is SOCIAL Worker
now there is question about LOCUS-STANDY
Because we have filled a private complaint toward board
Ajay Bansal
(Expert) 05 March 2011
As per section 190[c] of Cr.P.C. anybody can file a criminal complaint in court.The issue of locus-standy can not be made in criminal case.
M V Gupta
(Expert) 17 March 2011
I think ur reference is to Sec. 32 of the Act (not Sec.21),which deals with the procedure for taking a destitute child to childrens home maintained by the State Govt. Under that Section any Police Officer or a Public servant or Regd. Voluntary Organisation or Agency recognised by the State Govt. or Social Worker or public spirited Citizen authorised by the State Govt. can refer a child to the Committe appointed under the Act. If the Social Worker who filed the complaint is not authroised person then the best course is to get the complaint / reference made by a Voluntary Organisation etc. recognised by the State Govt. I dont think there is any case law on the subject.
bhupendra
(Querist) 24 March 2011
thank u Bansal sirji
it it clear that the pricipal of locus standy not applied to criminal jurisprudence Here are some important case laws
AIR 1984 SC 718
Crlj 2001 SC 2044
Once again thanks to all who tried to solve my querry
Adv.chavan
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