Court Rules Lack of Locus Standi for Uncle in Seeking Investigation Transfer; Upholds Wife's Legal Heir Status
In a significant ruling, the Allahabad High Court, Lucknow Bench, has dismissed the petitions filed by Rajesh Singh, uncle of the deceased Ajeet Singh, seeking the transfer of investigation to the Central Bureau of Investigation (CBI) in the murder case of his nephew. The court concluded that Rajesh Singh does not have the locus standi to request such a transfer, given his status relative to the deceased.
The court emphasized that under Section 2(wa) of the Criminal Procedure Code, 1973, a "victim" includes the legal heir of the deceased, with the closest legal heir being prioritized. In this case, Ajeet Singh's wife, Ranoo Singh, is deemed the closest legal heir, outweighing the uncle's claim.
The bench, comprising Justices Rajesh Singh Chauhan and Abdhesh Kumar Chaudhary, underscored that the right to pursue legal remedies in criminal cases primarily rests with the direct victim or the closest legal heir. The court introduced the "closest legal heir test," affirming that Ajeet Singh's wife holds this status, as she is more directly related to the deceased than the uncle.
Rajesh Singh's petitions sought the transfer of two FIR investigations, one relating to Ajeet Singh's murder and another under the Official Secrets Act, to the CBI. However, the court noted that the investigations had already been completed, charge sheets filed, and trials commenced, rendering the request for transfer stale and infructuous.
The court referenced earlier petitions filed by Ranoo Singh, which sought similar relief. These petitions were withdrawn after the investigations concluded, with the court affirming that any challenge to the charge sheets should proceed through appropriate legal channels.
The judgment also highlighted that allowing third-party interventions in ongoing criminal proceedings could lead to chaos and confusion. It reaffirmed that individuals with no direct involvement or legal standing in a case cannot disrupt the judicial process.
In conclusion, the High Court dismissed Rajesh Singh's petitions, reiterating that any party with legitimate claims or evidence should address the trial court directly. The ruling reinforces the principle that criminal proceedings are primarily between the state and the accused, with limited room for third-party interference.
Bottom Line:
Locus Standi - A person who is neither a victim under Section 2(wa) of Cr.P.C. nor a legal heir as per the 'closest legal heir test' cannot seek transfer of investigation in a criminal case.
Statutory provision(s): Criminal Procedure Code, 1973 Section 2(wa), Section 482, Section 394, Section 320(4)(b), Section 216
Rajesh Singh v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2827010
