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.
“In the case at hand, there is no specific provision in the 1984 Act (Prevention of Damage to Public Property Act) which limits the eligibility of the person making the complaint,” the bench said.
The prosecution had filed a charge sheet under various sections of the IPC, SC/ST Act and the Prevention of Damage to Public Property Act in a case in Uttar Pradesh. The trial court took cognisance of the charge sheet and summoned the accused, who challenged the order before the HC.
The court said that the High Court “manifestly erred in law” in holding that since the Gram Pradhan was not the competent authority to lodge an FIR, the action of the Special Judge in taking cognisance and summoning the accused was bad in law.