An unregistered body has locus standi to file a complaint under the Code of Criminal Procedure and the pendency of a civil suit in respect of the same matter is no bar to the initiation of criminal proceedings.

( 1 ) THIS revision is directed against the order passed by the learned X Metropolitan Magistrate, Secunderabad, in criminal Miscellaneous Petition No. 970 of 1977 on the file of his Court. The petitioner is Misrilal Mangilal Maternity and Child Welfare Centre Construction Committee, represented by its Chairman Thakur V. Hari Prasad. The petitioner filed a complaint before the x Metropolitan Magistrate under sections 420 and 403 read with section 120-B, indian Penal Code, against the three respondents. The Magistrate dismissed the complaint observing as follows: " It is seen from the petition that the complainant Thakur V. Hari Prasad has filed this petition in his representative capacity as Chairman, the Misrilal mangilal Maternity and Child Welfare centre Construction Committee. It is admitted by the Counsel for the complainant that it is not a registered body. I am of the opinion that the committee is not a person in the eye of law and being an unregistered body, it has no legal existence and is not capable of holding or disposing of any property. The Committee therefore cannot sue or be sued. "

( 2 ) AN examination of the contents of the petition filed by the petitioner before the magistrate against the three respondents shows that it is a complaint within the meaning of section 2 (d) of the Code of criminal Procedure. It contains clear allegations against the three respondents and a request to the Magistrate that action may be taken against the respondents under the Code of Criminal procedure. Of the two offences, sections 420 and 403 read. with section 120-B, Indian Penal Code, alleged in the complaint petition, the former is a cognizable offence. When a complaint is received by a Magistrate with allegations constituting cognizable offence, it is open to him to forward the petition for investigation by the police under section 156 (3), Criminal Procedure Code, before taking cognizance of the offences complained. If the Magistrate, however, takes cognizance of the offences complained in the petition, he should proceed under section 200, Criminal Procedure code. The action of the Magistrate in straightaway dismissing the complaint even without examining the complainant upon oath and the witneses of the complainant that were present is hasty and illegal, being in clear violation of section 200, Criminal Procedure Code.

( 3 ) FURTHER, the view of the Magistrate that the petitioner has no locus standi to file the complaint is wholly erroneous. As a general rule, any person having knowledge of the commission of an offence may set the criminal law in motion by a complaint even though he is not directly interested in or affected by the offence complained. Of course, there are certain offences in respect of which special provision is made in the Code for a complaint in writing being made either by a court or by a public servant or by a particular aggrieved person or with the previous sanction of a specified authority. Such exceptional special offences are mentioned in sections 195 to 199, Criminal Procedure Code. The complaint in the instant case is in respect of offences punishable under sections 420 and 403 read with section 120-B, Indian Penal code and those offences are not any of the special offences referred to in sections 195 to 199 Criminal Procedure Code. Complaint in regard to offences under sections 420 and 403 read with section 120-B, indian Penal Code, can be filed by any person. In so far as the complainant misrilal Mangilal Maternity and Child welfare Centre Construction Committee is not registered body, the Magistrate was of the view that it is not person in the eye of law. The word person is not defined in the Code of Criminal Procedure. Section 11 of the Indian Penal code, defines a "person" as including any company or association or body of persons whether incorporated or not. Section 3 (42) of the General Clauses Act (Central) reads : "3. In this Act and, in all Central acts and Regulations made after the com

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