- (1.) By his order dated August 14, 1991, made under Ss.227/228, Cr. P.C., the learned Addl. Sessions Judge, in a case committed to him by the Magistrate, discharged Krishna Kumar respondent No. 1 of the offence under S. 307, IPC and directed the Chief Judicial Magistrate to frame a charge for the offence under S. 326, IPC against him and dispose of the case according to law. Aggrieved against such order passed by the Learned Sessions Judge, Amichand complainant as also the State of Rajasthan have preferred these revision petitions under S. 397 read with S. 401, Cr.P.C. before this Court.
(2.) In so far as the petition filed by Amichand, complainant is concerned the same is not maintainable. Undisputedly it was a case registered on police report and, therefore, the State and not Amichand, who may be the injured person in this case, was the prosecutor. A private person has no locus standi in a police case to invoke the jurisdiction of this court under S.397, Cr.P.C. That is the general rule which may admit of certain exceptions under very exceptional circumstances.
(3.) In the case of Thakur Ram v. State of Bihar, AIR 1966 SC 911 : (1966 Cri LJ 700), the Apex Court had considered the question as to whether a private party has locus standi to file a revision petition under S.397, Cr.P.C. either before the Sessions Judge or before the High Court in a case which has proceeded on a police report. Their Lordships made the following observations (para 9) :- "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 moto. The criminal law is not to be used as an instrument of wrecking private vengeance by an aggrieved party against the person 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 the social interests of the community to book." ;