complaint can be lodged by anyone who has become aware of a crime

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siju
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Joined: Sat May 16, 2020 6:10 am

complaint can be lodged by anyone who has become aware of a crime

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CITATION - AIR 2003 SC 541

N. Natarajan

"Criminal P.C. (2 of 1974), S. 340, S. 195 - Complaint under S. 340 at his instance though being stranger, is tenable - In respect of offences affecting administration of justice - Can be lodged even by stranger to proceedings - if in respect of any offence, law can be set into motion by any citizen of this country, we fail to see how any citizen of this country cannot approach even under S. 340, Cr.P.C. For that matter, the wordings of S. 340, Cr.P.C. are significant. The Court will have to act in the interest of justice on a complaint or otherwise. Assuming that the complaint may have to be made at the instance of a party having an interest in the matter, still the Court can take action in the matter otherwise than on a complaint, that is, when it has received information as to a crime having been committed covered by the said provision. - Complaint under S. 340 at his instance though being stranger is tenable.

It is well settled that in criminal law that a complaint can be lodged by anyone who has become aware of a crime having been committed and thereby set the law into motion.......
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