Power of attorney holder may file a private complaint when duly authorised and acquainted with the transaction.

A private complaint under Section 200 CrPC may be instituted through a duly authorised power of attorney holder if the holder has knowledge of the transaction and the complaint reflects that basis. Here, the record showed express authorisation to file complaints and a specific assertion that the holder was acquainted with the facts, so the objection to locus standi was not sustainable. The complaint was therefore maintainable and could not be returned solely on that ground.

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Issues: Whether a private complaint under Section 200 of the Code of Criminal Procedure, 1973 can be presented and maintained by a power of attorney holder on behalf of the original complainant.

Analysis: The complaint was returned solely on the objection that the power of attorney holder lacked locus standi. The governing principle accepted in the cited authorities is that a power of attorney holder may institute and pursue a complaint on behalf of the complainant if duly authorised and if he has knowledge of the transaction. The record showed a duly executed power of attorney authorising the holder to file complaints, a specific assertion in the complaint that the holder was acquainted with the facts, and no consideration by the Sessions Court of the cited legal position before returning the complaint.

Conclusion: The complaint filed through the power of attorney holder was maintainable, and the objection to his locus standi was not sustainable.

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