SCST Act--Power of Attorney Holder--Complaint Under Section 3 Not Maintainable by Agent Without Specific Authorisation to Initiate Criminal Proceedings
A Power of Attorney holder does not have locus to file a complaint on behalf of a victim for offences under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, unless specifically authorised to initiate criminal proceedings. A general power of attorney does not automatically confer the right to set criminal law in motion on behalf of the victim. Where the complaint is filed by an agent asserting commission of atrocities on behalf of the affected person, and the victim belonging to the Scheduled Tribe has neither lodged the complaint nor authorised initiation of criminal proceedings, the complaint suffers from lack of locus and maintainability.
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