Section 133 of the Cr PC – Locus standi of Private Lawyer to appear for complainant
Sarpanch of a village in Goa had filed complaint against the petitioners for removal of public nuisance. The petitioners filed an application objecting to the private lawyer appearing for the complainant in Section 133 proceedings. The objection was rejected by the Executive Magistrate and also in revision by the Additional Sessions Judge.
The question is – whether the complaint is a state complaint for assisting the Executive Magistrate through the Public Prosecutor.
HELD that Section 133 operates on two different complaints – on police report and another on “other information”. The second criteria of “other information” could be a complaint in writing by a private person who initiated proceedings for removal of public nuisance. Such a complaint is specifically covered by Section 200 of Cr PC as a private complaint before the Executive Magistrate to take cognizance and summary inquiry. If a complaint is filed on police report, it is the State action and, in that matter, the Prosecutor must represent.
Judgment dated 23.7.2024 of the High Court of Bombay at Goa in Criminal Writ Petition No.851 of 2023 of Taj Enterprise and others Vs. State of Goa and others
