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‘Anyone can file complaint on public property damage’

6 months ago 64

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NEW DELHI: The Supreme Court has held that there is no provision in law which bars an individual from filing a complaint related to damage to public property.

The SC was hearing an appeal against a September 24, 2024 order of the Allahabad High Court that had stayed the summoning of accused persons in the case, saying that ‘gram pradhan’ had no ‘locus’ to lodge an FIR in the matter.

While allowing the appeal, a bench of Justices Pankaj Mithal and Prasanna B Varale said on November 18 that “there was no provision in the Code of Criminal Procedure, which bars a citizen from filing a complaint for prosecution of a public servant or any other person who has allegedly committed an offence”.

The bench said it was well recognised principle of criminal jurisprudence that “anyone can set out or put the criminal law into motion”, except where the statute enacting or creating an offence indicates to the contrary.

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