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Criminal Complaint To Magistrate

Criminal Complaint to Magistrate

Criminal Procedure Code gives the procedure for criminal justice.

It gives provisions for investigation, inquiry and trial.

Definition of Complaint:

Section 2 of Code Of Criminal Procedure Complaint means any allegation made orally or in writing to a Magistrate with a view to his taking action under the code of criminal procedure that some person whether known or unknown has committed an offence but it does not include a police report.

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Magistrate : A civil officer who administers the law especially one who conducts a court that deals with minor offences and hold preliminary hearings for more serious ones.

Chapter 15 of Code Of Criminal Procedure deals with complaints to Magistrate.

Bare language.

Section 200: Examination Of Complaint.

A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and witnesses present if any and the substance of such examination shall  be reduced to writing and shall be signed by the complainant and the witnesses and also by the Magistrate.

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Provided that when the complaint is made in writing the Magistrate need not examine the complainant and the witnesses.

If a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint or

If the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192.

 

Provided further that if the Magistrate makes over the case to another Magistrate under Section 192 after examining the complainant and the witnesses the latter Magistrate need not re examine them.

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Section 201: Procedure by Magistrate not competent to take cognizance of the case.

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence he shall

If the complaint in writing return it for presentation to the proper court with an endorsement to that effect.

If the complaint is not in writing direct the complainant to the proper court.

 

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Section 202 : Postponement of issue of process.

Any Magistrate on receipt of a complaint of an offence of which he is authorized to take cognizance or which has been made over to him under Section 192 may if he thinks fit and shall in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction , postpone the issue of process against the accused and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person or by such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding.

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Provided that no such direction for investigation shall be made.

Where it appears to the Magistrate that the offence complained of is triable exclusively by the Court Of Sessions or

Where the complaint has not been made by a court unless the complainant and the witnesses present have been examined on oath under Section 200.

In an inquiry the Magistrate may if he thinks fit take evidence of witnesses on oath.

 

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Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court Of Session he shall call upon the complainant to produce all his witnesses and examine them on oath.

If an investigation is made by a person not being a police officer he shall have for that investigation all the powers conferred by this code on an officer in charge of a police station except the power to arrest without warrant.

 

Section 203 : Dismissal Of Complaint.

If after considering the statements on oath of the complainant and of the witnesses and the result of the inquiry or investigation under Section 202 the Magistrate is of opinion that there is no sufficient ground for proceeding he shall dismiss the complaint and in every such case he shall briefly record his reasons for doing so.

In layman language Procedure for filling Complaint before Magistrate.

  1. Magistrate who has jurisdiction to try the complaint before him the complaint is to be filed.

Where complaint is before Magistrate who does not have jurisdiction will transfer it to appropriate Magistrate who has jurisdiction.

  1. Complaint can be made orally or by writing.
  2. Magistrate will examine the complainant and witnesses.
  3. Then written report will be made by the Magistrate and complainant , witnesses and Magistrate will sign it.
  4. Then Magistrate will take cognizance of the offence.
  5. If Magistrate after examination is not satisfied he will dismiss the complaint.

 

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Important Points To Remember.

  • First step is examination of Complaint by Magistrate.
  • Written examination will be done and signed.
  • Complainant not to be examined when Magistrate has to transfer case under Section 192 of Code Of Criminal Procedure or to Court Of Session.
  • Complaint by court or public servant there is no need of examination.
  • No Re examination of Complaint will be done.
  • When Magistrate is not competent to take case he will direct it to the court who is competent.
  • When Magistrate is competent to take case he will summon the accused.
  • For further investigation or calling of accused postponement of issue of process can be done by Magistrate.
  • Court after recording reasons in writing can dismiss the complaint if it thinks that there is no sufficient ground for carrying proceedings of Complaint.

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This post has been compiled by Bharti Sharma, a student of HP University. For any subject specific advice or info, please dial 99888-17966.

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