• Locus Standi

1. What is locus standi of a complainant in State case and how to establish the same in the lower court?
2. Is it a one time exercise or every time it needs to be established to the court?
3. How to make any direct application or complaint to the court without involving PP (in case PP is not cooperating)
4. How  and where to make an appeal if Magistrate rejects any application/complaint by the complainant on the grounds of locus standi?
Asked 5 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu
1) in   Thakur Ram v. State of Bihar, AIR 1966 SC 911, it was contended that only the State being aggrieved party could take all steps necessary and the complainant had no locus standi to file even criminal revision.

2)  in Pratap v. State of U.P., (1973) 3 5CC 690, and Hari Bhagwan Bansal v. State of Rajasthan, S.B. Cr. Revision Petition No. 182/19  it has held that private party can draw the attention of the High Court towards an illegal, improper and incorrect findings of the subordinate Courts.

3) n Rathinam v. State, 2000 (1) Crimes 211 (SC), Supreme Court held that power to cancel bail can be exercised under Sub-section (2) of Section 439, Cr.P.C. suo motu or at the instance of State or any aggrieved party.

4) if you are aggrieved by order of magistrate   you can file revision application before sessions court 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1.  In law, locus standi means the right to bring an action, to be heard in court, or to address the Court on a matter before it. Locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.  The status of the complainant in the state case cannot be opined without knowing the nature of case or complaint against the state.

2. Once locus standi is established before court it will continue till the disposal of the case.



3.  If it is a criminal complaint you may file a private complaint under section 200 cr.p.c. for which you dont require PP's consent.



4.  You may move the sessions court with a revision application.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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In a case instituted on police report the complainant has a very limited role as the case is to be conducted by the public prosecutor on behalf of the state. Come with specific facts as to what is the nature of relief that the complainant desires to seek from the court. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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1) In Shaji Vs. State of Kerala 2003(4) RCR (Criminal) 66, a Division Bench of Kerala High Court held that 

If the complainant files a petition saying that real culprits were not included in the final report or there is lacuna in the investigation which will cause failure of justice and if the Magistrate after considering the matter comes to the prima facie conclusion that proper investigation was not conducted, he is not helpless, the Magistrate will be free order further investigation to avoid failure of justice;

2) your advocate can assist the state in the state case 

3) you should furnish your advocate vakalatnma to appear on your behalf 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1.  You have approached court for getting remedy to your grievance since you could not get the relief through police earlier.  Now since the court is directing the police to initiate appropriate action then it becomes the state prosecuted case.  If state takes over prosecution then you will become defacto complainant in it. Thus the reason for clarifying the status of locus standi is not understood.


2.  If your complaint has been taken on file by the court it confirms that you have some grievance  which is to be probed, it confirms your locus standi at this stage.



3.  What do you mean by insisting on the status of locus standi, you mean to say for appearance as party in person?  That you can decide to do it by filing a petition to that effect.


4. He shall be just assisting prosecution.


5.  There is no necessity to give power of attorney instead you can give him a vakalat to represent on your behalf.
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
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1. It was because you had locus standi that the court passed necessary directions to the police. You do not cease to have the locus standi after the filing of the chargesheet. If you can show that the prosecution is not on the right track then you can again seek necessary directions to file the case.

2.Your query is again silent on material facts as to how you are aggrieved by the prosecution now.

3. You are free to engage a lawyer who can monitor the prosecution and correct the irregularities done by it. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0

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