Supreme Court: Anyone Can File Complaints Against Public Property Damage

The Supreme Court has clarified that any person, not just public officials, can lodge complaints under the Prevention of Damage to Public Property Act, since the statute places no restriction on who may initiate criminal proceedings.

It set aside the Allahabad High Court’s order, which had held that only a Bhumi Prabandhak Samiti, under the U.P. Revenue Code, 2006, could take action for damage to public property.

The Court noted that the provisions of the U.P. Revenue Code are civil in nature, and operate in an entirely different context. 

Reiterating that anyone may set the criminal law in motion unless the statute says otherwise, the Court restored the magistrate’s cognizance.

[Lal Chandra Ram v. State of U.P. & Ors.]