KASHINATHA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) This petition arises out of an order by the Sessions Judge at Bidar in Misc. Case No. 38 of 1970. The petitioner herein moved that court practically asking for a review of the order made by that court under S. 494 Cr.P.Code, in Sessions Case No. 13 of 1969. The said order was made under Sec.494 Cr.P.Code as a result of the Public Prosecutor filing an application of withdrawal from the prosecution.

(2.) The petitioner, it would appear was the complainant before the police. The case, after enquiry, stood committed to the Court of Sessions at Bidar. It was then that the Public Prosecutor filed the necessary application under S. 494 Cr. P. Code with the aforesaid result. The petitioner herein, then moved the application before that Court for the relief aforementioned. The learned Sessions Judge came to the conclusion that the petitioner had no locus standi to maintain the application. Hence, this petition.

(3.) It seems to me that the order of the learned Sessions Judge is clearly right and does not call for interference in the exercise of this Court's jurisdiction under S.439 CrPC. That a person in the position of a petitioner had no locus standi, is now settled by the decision of the Supreme Court in Thakur Ram v. State of Bihar AIR. 1966 SC. 911. on which strong reliance was placed by the learned Government Pleader. The relevant enunciation is as follows, and occurs at para 9 of the aforesaid report : In a case which has proceeded on a police report a private party has no locus standi. No doubt the terms of S.435 are very wide and he can even take up the matter suo motu. The criminal law is not however, to be used as an instrument of wreaking private vengeance by an aggrieved party against the persons who, according to that party, had caused injury to it. Barring a few exceptions, in criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interests of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against tke social intereats of the community to book."