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1951 Supreme(All) 90
ALLAHABAD HIGH COURT
Malik, C. J. and C. B. Agarwala, J.
AJUDHIA PRASAD - Appellant
Versus
CHHOTEY LAL - Respondents
Criminal Misc. 1135 Of 1951
Decided On : 05/15/1951
P.M.VARMA
( 2 ) IN our view, it is not open to a third party, even if he be the father of the deceased, to move an application for leave to appeal to the Supreme Court. The first information report was lodged by the Chaukidar of the village and the case was sent up by the police and was not started on a private complaint. In a police case, the State is the complainant and not a private individual. Ii the case ends in an acquittal, the private individual to whom injury was caused by the accused may apply in revision to this Court with the object of drawing the attention of this Court that the case calls for interference. But he has no right of appeal. A crime is an offence against the State and except in certain cases no individual can claim the right to have the offender punished as a criminal. The punishment ordered to be inflicted on an offender is in the nature of a relief awarded to the State for the wrong done to it and not as recompense to a private individual for the injury caused to him. The latter has his remedy if any in tort. If the State is satisfied with, an order of a Court hearing a criminal case, no private individual can claim a rehearing as of right. The provisions of Art. 134, of the Constitution of India are intended to be availed of by an accused, who has been convicted or by the State and not by a third person. The applicant has no locus standi to make this application.
( 3 ) WE, therefore, dismiss this application.
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