Read Order: Mohan Lal v. State of Haryana and Others

Monika Rahar

Chandigarh, April 16, 2022: While dealing with a Section 482 Cr.P.C. petition seeking addition of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 (SC/ST Act) in an FIR registered under provisions of Public Property (Prevention of Damage) Act, 1985 and the IPC at the instance of another complainant, the Punjab and Haryana High Court has held that the petitioner not being the complainant in the FIR, could not seek addition of such offence under the SC/ ST Act. 

The Bench of Justice H.S. Madaan held, “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 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.”

This petition under Section 482 Cr.P.C. was filed by petitioner Mohan Lal before the High Court for the issuance of directions to the first and second respondents i.e. the State of Haryana and Superintendent of Police, Kaithal to register a case against private respondents (fourth to sixth) for offences under the SC/ST Act.

According to the petitioner, he moved representations dated June 8, 2020 and June 22, 2020 to the police in that regard but to no effect, thus necessitating the filing of the present petition.

As per the own case of the petitioner, the FIR dated June 9, 2020 for the offences under Sections 3 of Public Property (Prevention of Damage) Act, 1985 and Sections 447 and 506 read with Section 34 IPC was already registered against private respondents, namely, Sukhwinder Singh, Aman and Harminder @ Tota, in which one Raj Kumar was complainant. The said FIR was under investigation.  

As informed by the State counsel, the chargesheet in this case was already filed. 

The Court noted that the petitioner was not the complainant in that case, and therefore, he could not ask for addition of particular offences in the case. On the recourse that was available to the petitioner, the Court observed that the petitioner could 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, and the Magistrate then may take appropriate action in accordance with law. 

However, the instant petition at his instance was declared not maintainable and was dismissed accordingly.

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