Friday, March 6, 2026
Latest:
Legal

Section 133 of the Cr PC – Locus standi of Private Lawyer to appear for complainant

legaldeli

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

You May Also Like

Offence -Mah Non-biodegradable Garbage (Control) Act

legaldeli

SC Says that the Employers Cannot Haunt Retirees Without Statutory Authority and Powers

legaldeli

Caste Certificate annulled and retiral benefits denied – Supreme Court exercised the powers under Article 142 of the Constitution to grant the pension benefits.

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree