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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
Geeta Ahuja, J
LAL CHANDRA RAM – Appellant
Versus
STATE OF U.P. & ORS. – Respondent
| Table of Content |
|---|
| 1. fir initiation and authority. (Para 3 , 4 , 5) |
| 2. general principle for filing complaints. (Para 6 , 7 , 8 , 9 , 10) |
| 3. final determination on appeal outcome. (Para 11) |
ORDER
2. Heard learned counsel for the parties.
4. In pursuance thereof, a charge sheet was submitted under Sections 147 , 323, 504, 506 of the Indian Penal Code, 1860 ( IPC ), under Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act and Section 3/4 of the Prevention of Damage to Public Property Act, 1984 (for short ‘the 1984 Act’).
6. The provisions of Sections 67 and 136 of the U.P. Revenue Code, 2006 are of a civil nature and operate in a totally different context where damages have to be ascertained or where the ejectment of the trespasser is required. However, for the purposes of setting the criminal machinery into motion for playing mischief with public property, the provisions of the 1984 Act gets attracted. It is for this reason that the FIR as well as the charge sheet speaks about charge under Section 3/4 of the 1984 Act also.
8. In the case at hand, there is no specific provision in the 1984 Act which limits the eligibility of the person making the complaint.
10. In view of the aforesaid fac
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