Divya (nil) 29 August 2013

Dismissal of private complaint on unjustified grounds

Dear Experts

This was a matter pertaining to my mother’s stridhan which is forcefully kept with my uncle (chacha) since several years…Since nobody guided us all years, we could act & also we didn’t receive police support & we have never taken family battles to court.

But two months back, I filed a private complaint before a magistrate & kept my mother as primary witness in the complaint. I had chosen ipc’s 498a, 406, 420, 507, 509..i didn’t make mom as main party coz my mother is close to 60 and she cannot come to court and wait there for hours..She has ample medical issues

But the magistrate dismissed my complaint stating that “criminal law cannot be set into motion by anyone”

Please advise me how to counteract this point of dismissal in sessions, I mean how to prove that I can file the complaint & im the victim’s daughter & she is a witness in matter.

Thankyou

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3 Replies

Rashid Ali (own practice as a criminal lawyer) 30 August 2013

get power of attorney in your favour by your mother then you will be able to contest on behalf of your mother

mahesh kumar gupta (advocate) 30 August 2013

if lower court dismissal complaint on unjustified ground then you can revision u/s 397 Cr.p.c in session court

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 September 2013

In this particular case i feel the order passed is slightly unjustified. There is no bar against a private person filing a complaint case against any offence which may happen in front of him.Rather such practises are to be encouraged in order to encourage people in being concerned regarding the overall mishaps of the society as well instead of just their own issues.

Legally there may have been some other points or issues which the magistrate may have considered while deciding the complaint. U may point to the sessions court that as per Srction 2(wa) of the Crpc , the victim of a crime includes his legal heirs and guradians as well and so u are covered under the term of victim for any wrong done to your mother. hence ur complaint is very much maintainable.

Argue before the sessions juudge profoundly.Tell him how u r legally as well as morally a victim of the crime plus quote the above noted section as support.

Revision wud be the appropriate provision as per section 398 Crpc where the sessions court may direct the CMM to further direct the concerned MM to conduct a further enquiry into the same matter.

Cheers

Advocate Augustine Chatterjee

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