Court dismissed writ petition filed by a complainant seeking direction to authorities to initiate criminal action. Held that a complainant lacks locus standi to be a party to the lis and can only appear as a witness.
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Court No. - 34
Case :- WRIT - C No. - 5758 of 2019
Petitioner :- Jitendra Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Lal Pratap Singh,Shree Rung Pandey Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
Order Date :- 21.2.2019
PS
2 issues framed by the court
Whether a complainant has locus standi to file a writ petition seeking directions to authorities to take criminal action against a third party.
Whether the petitioner, having no legal right vested in him as a complainant, can become a party to the lis.
Colour shows how this judgement treated each authority
Amin Khan Vs. State of U.P.Distinguished¶8
Amin Khan Vs. State of U.P. 2008 (2) AWC 2002
Guru Prasad Yadav Vs. State of U.P.Referred¶9
Special Appeal No. 382 of 2008 (Guru Prasad Yadav Vs. State of U.P. & others)
Shravan Kumar Chauhan Vs. State of U.P.Referred¶9
Writ Petition No. 18839 of 2008 (Shravan Kumar Chauhan Vs. State of U.P.)
Jitendra Kumar
State Of U P
Other Respondent-2
Other Respondent-3
Other Respondent-4
Sudhir Agarwal
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
