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Chetan Padm (law)     09 March 2020

Complaint u/s 200 cr.p.c. before magistrate

Hello Experts,

Whether it is neccessary for  the complainant to file police complaint before filing complaint case u/s 200 Cr.P.C. before the Magistrate ?

Here the Complainant is not looking for Police FIR thus does not want magistrate to invoke the provisions of 156(3) Cr.P.C.

Magistrate is of the view that before filing any complaint case its mandatory to file police complainant so that its his discretion to whether to invoke provisions of 156(3) Cr.P.C or 200 Cr.P.C and it is not upto complainant whether he choose to go for FIR or Complainant case u/s 200 Cr.P.C.

Please guide with some case laws where power of Magistrate u/s 200 is independent power to proceed without police complainant and there is no need to file police complainant before proceeding with complainant under provisions of 200-204 Cr.P.C.

 

 



Learning

 10 Replies

Dr J C Vashista (Advocate)     09 March 2020

What is your concern / locus standi to this academic question ??

Dr J C Vashista (Advocate)     09 March 2020

Seek guidance of your tutor, this platform is not for imparting coaching to students but to help and oblige needy litigants.

Chetan Padm (law)     09 March 2020

@ Dr J C Vashista, my concern is that in complaint case u/s 200 magistrate is of opinion that police complaint is must before he entertains the private complaint u/s 200 CrPC.

I feel this is not the law, however he insists on filing  the police complaint before entertaining private complainant and proceeding under chapter 15 of CrPC


 

Chetan Padm (law)     09 March 2020

@OM PRAKASH, thanks for your closing comments. I understand the law very well, but there are no case laws saying police complaint not mandatory before approaching M.M. u/s 200 CrPC.

I dont wish to invoke 156(3) CrPC and file FIR.


 

Free Legal Help India   10 March 2020

PLEASE CONTACT A. A. ZAIDI ADVOCATE FOR LEGAL HELP. CONTACT NO. 9719775005.

TGK REDDI   10 March 2020

You can file a Complaint under Section 200 of the Criminal Procedure Code without approaching the police.

If the Magistrate feels that there's no ground to issue process, he'll refer the matter to the police.     But you'll continue as a Complainant.

If the police report is against you, you can file a Protest Petition ( known also as Narazi ) which has to be entertained and investigation will now be conducted by the Magistrate.      Magistrate can visit the site but this's very rare.

TGK REDDI   10 March 2020

You don't need any case law because Section 200 doesn't insist on prior approach to the police.

TGK REDDI   11 March 2020

I solicit comments on my above two Replies from some more Experts and Members..    I'm, however, not an Expert and have never claimed to be so.     I'm a Member of lawyersclubindia.

TGK REDDI   11 March 2020

I solicit once more the comments of Members and more Experts.

Mastan   11 March 2020

TGKREDDI sir, good evening. yes one can approach Magistrate directly with 200Crpc complaint. If the allegations are arised out of deposition under oath in another case or additional offenses unearthed during trail of another case then it would be good approach the magistrate directly.

                But for new crimes, it is always good to approach police first with complaint and if they dont take action then approaching court would be better and good ground.


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