Delhi HC Rejects Plea Against BCCI Team Named 'Team India', Terms it a Sheer Waste of Time  ||  Bombay HC: No Absolute Right for Citizens to Access Public Offices  ||  Delhi HC: Suit Withdrawal After Compromise Doesn’t Result in Executable Decree  ||  Delhi HC: ITSC Abolition Doesn’t Void Settlement Pleas Filed Between Feb 1–Mar 31, 2021  ||  Rajasthan HC: State Must Set Up Trauma Centre, Art Institute; Temple Board Can Only Assist  ||  Kerala HC: LIC Cancer Cover Starts From First Diagnosis After Waiting Period, Not Expert Opinion  ||  Kerala HC: Spouse’s Ill Treatment of Children is Cruelty under Section 10(1) Divorce Act  ||  Supreme Court Acquits Chennai Man Sentenced to Death in Child Rape-Murder Case  ||  SC: Only Disclosure Leading to Weapon Recovery Admissible under Section 27 Evidence Act  ||  Supreme Court Orders Strict Enforcement on Helmets, Lane Discipline & Headlight Use    

Amanullah and Ors. v. State of Bihar and Ors. - (Supreme Court) (12 Apr 2016)

Courts should be liberal in allowing third-party locus standi

MANU/SC/0403/2016

Criminal

Courts should be “liberal in allowing any third party” with a bona fide connection with the matter so long as it ‘advance[s] substantial justice’, the Supreme Court urged. However, such authority was to be with exercised with courts taking due care, it cautioned, to ensure that persons with personal grievances were not allowed to abuse the legal system, nor those who were unconnected with the matter. Rather than enumerate a list of persons who have locus standi, the court tendered that who all would have locus to maintain an appeal under Article 136 of the Constitution would depend on the facts of each case.

The Court had heard the appeal against an order of the High Court quashing the cognisance order of the magistrate against a charge of murder. It concluded that the High Court’s decision was in error, on an appraisal of material placed before it. Witness testimony and evidence collected by the investigating officer was correctly considered by the CJM before taking cognisance.

Relevant : Rajiv Thapar v. Madan Lal Kapoor MANU/SC/0053/2013 P.S.R. Sadhanantham v. Arunanchalam MANU/SC/0083/1980 Section 482 CrPC Act

Tags : LOCUS STANDI   COGNIZANCE   THIRD PARTY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved