Complaint petition
DR M K MISHRA
(Querist) 07 December 2019
This query is : Resolved
Sir, I want to know that whether any person can file a criminal complaint petition without an affidavit in any District Dourt .If " YES ' then, let me know under which section of Cr.P.C ?.I am putting this question because a District Court has registered a criminal complaint u/s 200 without an affidavit of the complainant against me .
An early reply is solicited. Regards,
Dr.M.K.Mishra
Dr J C Vashista
(Expert) 08 December 2019
In criminal jurisprudence "affidavit" is neither compulsory nor mandatory.
However, recently Supreme Court has held that all complaints (criminal) shall be accompanied by an "affidavit", please search it.
K Rajasekharan
(Expert) 08 December 2019
In Priyanka Srivastatva v. State of UP[ (2015) 6 SCC 287], the Supreme Court said, "In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible".
DR M K MISHRA
(Querist) 10 December 2019
Many thanks for valuable informations..
Regards,
Dr.M.K.Mishra
Raj Kumar Makkad
(Expert) 10 December 2019
Your similar query already stands resoled then why new query has been raised on the same subject?
