Last Updated on January 9, 2023 by Satish Mishra
In this post, we will cover Private Complaint or Criminal Complaint Procedure Chandigarh Panchkula Mohali in detail.
In Indian law, there are two types of offenses, cognizable defined in Section 2(c) and no cognizable mentioned under 2(I) of The Code of The Criminal Procedure, where the former the police can arrest without warrant, in later the police needs warrant to arrest. For registration of F.I.R. and conduction of the investigation, the police need the order of the court. For such an offense, the complainant must directly go to the court where such complaint is called as ‘Private Complaint’. Private Complaint can also be filed in the court when cognizable offense police refused to register F.I.R. on any grounds. Therefore, the private complaint means the complaint which is directly filed to the court. Under Section 190 of The Code of Criminal Procedure, the Magistrate has the power to take Cognizance of such offense. In this case study, we will study how a complaint was filed to the Judicial Magistrate of 1st Class, CHANDIGARH.
Also Read- procedure for a private complaint – Indian Kanoon
Bhawna Rani Vs. SSP & others
Comp. Case No. 371 of 10.07.2017.
CNR No. CHCH03-008217-2017.
Date of Order : 04.01.2020.
Brief facts of the case
The complainant who went out of the house to fetch some household articles to the local market, she saw Aksar Ali (Respondent No.3) along with two-three person in the corner of the street, and without any apprehending made obscene remarks and said “Tere Ko Sharam Nahi Aati, Tere Ghar Me Maa Behen Nahi Hain Kya”, in addition to that, they made more derogratory and humiliating remark by saying “Kya Rate Chal Raha Hai Tera Aaj Kal” and then pulled her duputta and pulled her towards them. After that, the complainant raised alarm and a neighbour came after hearing the sound, namely Balwinder Singh son of Late Sh. Bhag Singh, r/o H. No. 1212/4, Mori Gate, Manimajra, Chandigarh and intervened by asking why they are misbehaving with the complainant and threatened them he will call the police. In response to that, Aksar Ali along with above said person said “Agar kisi ko ye baat batai to tere ko ghar se utha lenge aur to kisi ko muh dikhane ke layak nahi rahegi aur balwinder tere ko bhi dekh lenge” and fled from that spot. Due to the conduct of Aksar Ali, the complainant filed a complaint to respondent No. 2 (S.H.O., Police Station, Mani Majra, U.T., Chandigarh) on 13.06.2017, but respondant did neither record the statement of the complainant nor made inquiry into the matter, and when she asked about the status of the inquiry of from the he Police of P.S. Manimajra, Chandigarh, they did not pay any heed to the request of the complainant. Thereafter, complainant made a representation to SSP (respondent No.1), Chandigarh. But till the time of filing complaint, no action was taken against the said Askar Ali by respondents No. 1 & 2 and he is still threatening the complainant with dire consequences. It also claimed by the complainant respondent no. 3 has harassed the complainant and respondent no. 1 and 2 did nothing. And hence the complaint was lodged.
Also Read- Difference between FIR & Complaint – Finology Blog
The complainant also has filed an application under Section 156(3) The Code of Criminal Procedure (156. Police officer’ s power to investigate cognizable case.(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.), where the purpose was to seek direction for registration of FIR for the commission of offences as referred above. That application was treated as a complaint and the complainant was asked to lead her preliminary evidence where she examined herself as preliminary evidence, and presented the photocopy of the both the complaint that was moved to HO, Police Station, Manimajra, Chandigarh and moved before SSP, Chandigarh including the postal receipt, then complainant closed her preliminary evidence.
Also Read- File a Criminal Complaint in India: A Step-By-Step Process
Observation by the Judicial Magistrate
The complainant have made allegation of offense punishable under Section 354 (Assault or criminal force to woman with intent to outrage her modesty) and 506 (Punishment for criminal intimidation) to Aksar Ali and claims that he has used criminal force against her with the intention to outrage her modesty and also criminally intimidated her by giving threats. In the present complaint, when a status report was called upon, it was observed that the complainant has neither approached the police authorities regarding allegations she has made in this complaint nor she produced any evidence to support the allegations. The police authorities found the allegation in the complaint to be groundless and the complaint was ordered to be filed. The report also states that earlier also the complainant has made allegation under Section 420 (Cheating and dishonestly inducing delivery of property), 468 (Forgery for purpose of cheating), 471 {Using as genuine a forged 1[document or electronic record]} of Indian Penal Code against Aksar Ali which were earlier pending in the court of Sh. Ashish Thathai, the then learned Judicial Magistrate 1st Class, Chandigarh for 09.02.2017. However, the complainant has made allegation in this present application/complaint under Section 354 and 506 of Indian Penal Code and have not able to present Balwinder Singh son of Late Sh. Bhag Singh, to examine the witness which she specifically mentioned the entire incident was witnessed by him and no plausible explanation has been rendered by the complainant for such a lapse on her part. From the facts mentioned it above, it is evident that the complainant was having strained relations with accused Askar Ali at the time of alleged incident but she did not mention in the present complaint.
By observing the circumstances, the complaint does not hold water and it looks like that the complaint was lodged and made allegation under section 354 and 506 of Indian Penal Code as a result of the rivalry between the parties. It is hard to believe that allegation made by the complainant happened against her and is not worthy of credit.
Also Read- Criminal Complaint To Magistrate – Legal Service India
Order of The Judicial Magistrate
No sufficient ground to summon Aksar Ali
The Present Complaint is dismissed under section 203 of The Code of Criminal Procedure (Dismissal of complaint)
For case specific advice, please call criminal lawyers of Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi.
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