CHENNAI: Holding that a third party cannot have any role in the criminal proceedings involving totally unconnected accused, the Madras High Court has dismissed a petition from the Prisoners’ Right Forum.
Advocate P Pugalenthi of the Forum moved the court for a directive to the police personnel concerned to investigate the death of a prisoner.
One Subramaniam died in April, 2014, while in judicial custody. An FIR was registered under Sec. 176 of the CrPC by the Chintadripet police. An enquiry was conducted by the Sub-Divisional Magistrate and the personal assistant to the Chennai Collector, who submitted a report to the Collector. The State government, by a GO dated November 28, 2007, decided to initiate criminal and departmental proceedings against the jail-in-charge, assistant jailor and others.
A private complaint was filed before the Chief Metropolitan Magistrate, Egmore, by the Sub Divisional Magistrate pursuant to the GO. The complaint was taken on file after considering the materials placed before him. He, however, came to the conclusion that no offence was made out against the jail officials and dismissed the complaint.
Hence, the present criminal original petition from the forum. Dismissing it, the bench said that the forum had no locus standi to have a role in criminal proceedings. “It is clear from the judgments of the Supreme Court and the High Courts that a rank third party to the proceedings, who is neither a victim nor an aggrieved person, cannot be permitted to be involved in criminal proceedings,” the bench added.