Daijiworld Media Network – New Delhi

New Delhi, Nov 25: In a significant ruling reinforcing citizens’ right, the Supreme Court has clarified that no law bars an individual from lodging a complaint related to damage to public property, countering a contrary view earlier taken by the Allahabad High Court.

A bench of Justices Pankaj Mithal and Prasanna B Varale, delivering the order on November 18, set aside the HC’s September 24, 2024 decision which had stayed the summoning of accused persons on the ground that a gram pradhan lacked the ‘locus’ to file an FIR.

The apex court observed that criminal law can be set into motion by anyone, unless a statute explicitly restricts who may file a complaint.

“There is no provision in the Criminal Procedure Code preventing any citizen from seeking prosecution of a public servant or any other person accused of committing an offence,” the bench stated, adding that the Prevention of Damage to Public Property Act, 1984 also contains no restriction on who may lodge a complaint.

The case originated in Uttar Pradesh, where a charge sheet had been filed under the IPC, SC/ST Act and the Prevention of Damage to Public Property Act. The trial court took cognisance and summoned the accused, who then approached the High Court claiming the FIR was invalid due to the complainant’s designation.

The Supreme Court, however, held that the High Court had “manifestly erred in law”, stressing that the trial court’s cognisance and subsequent summons were legally sound.

With this ruling, the SC has reaffirmed that damage to public property is a matter of public concern, and any citizen has the right to initiate legal action when such offences occur.