SHASHI KUMAR GOYAL Vs. STATE ORS

JUDGEMENT

(1.) This revision petition by Shashi Kumar Goyal is directed against the order dated 3/06/2000 passed by an Addl Sessions Judge discharging accused/respondents 2 to 6 for the offences under Sections 406/498-A/495/376/ 420/120-B/511 INDIAN PENAL CODE.

(2.) A preliminary objection was raised by Sh.K.B.Andley appearing for respondents 2 to 6 that petitioner has no locus standi to file this petition as he is not the maker of FIR and Ms.Kavita, complainant who has since re-married, presumably is not willing to challenge the impugned order, while controverting the objection, it was contended by Sh.B.K.Sharma for petitioner that petitioner is the brother of complainant and if he could file a complaint for the offence under Section 498-A Indian Penal Code on her behalf under Section 198-A Criminal Procedure Code, he can also file this petition. As part of submission, it was further contended that even a private party has locus standi to file revision petition. Reliance was placed particularly on the decisions in Kavita Vs. State & Ors., 1999 III AD (Cr.) DHC 713, Pratap Vs. State of U.P., AIR 1973 SC 786, Girdhari Lal Vs. Sita Ram & Ors., 1988 All.L.J. 930, Rajendra Prasad Singh Vs.. The State ,of Bihar and Ors 1975 CrILJ ,1725 and S.P.Dubey Vs. Narsingh Bahadur , AIR 1961 Allahabad 447. To be noted that State has not filed revision petition against the said order dated 3/06/2000. Aforesaid Section 198-A Criminal Procedure Code which is material, reads thus;-

(3.) Above Section falls in Chapter XIII while Sections 397/401 Criminal Procedure Code under which present petition has been filed, in chapter XXX of the Code of Criminal Procedure, 1973. It is true that certain categories of relatives of the person aggrieved by the offence under Section 498-A Indian Penal Code have also been empowered under Section 198-A Criminal Procedure Code to file complaint but, in my view, after the charge sheet based on complaint lodged by the person aggrieved is submitted in Court by the police, the relatives cannot bank upon the provision of said Section 198-A to support their right to have revision petition filed under Sections 397/401 Criminal Procedure Code against an order made in the case by the trial court. First limb of submission advanced on behalf of petitioner, thus, deserves to be repelled being without any merit.