Consideration
raju
(Querist) 27 January 2024
This query is : Resolved
Complaint under section 200 the complainant and witness were examined. My query is that court didn't issue process to summons accused can it affect the complainant.
T. Kalaiselvan, Advocate
(Expert) 28 January 2024
Under this section, a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present. And the substance of such examination shall be reduced to writing. And it shall be signed by the complainant and the witnesses, and also by the Magistrate.
If there is no sufficient ground to proceed with the complaint, Section 201 comes into apply. Section 201 of CrPC deals with the procedure that a Magistrate needs to follow when a complaint is made directly to them, and they find that there is no sufficient ground to proceed with the complaint immediately.
In such cases, the Magistrate can postpone the issuance of process (summons or warrant) against the accused and direct an investigation to be conducted by the police. This section is mainly concerned with cases where the Magistrate chooses not to take immediate action on the complaint and decides to investigate the matter further before summoning or arresting the accused.
Section 202 empowers a magistrate to conduct an inquiry himself or direct an investigation by a police officer or another person. This inquiry aims to determine whether there is sufficient ground for proceeding with the case. This provision becomes crucial in cases where private parties file complaints, as it acts as a safeguard against malicious or unwarranted legal actions.
The magistrate may postpone the issuance of the process (summons or warrant) to allow for this inquiry. This discretionary power enables the magistrate to scrutinise the merit of the case before initiating formal legal proceedings. The inquiry may involve examining witnesses, reviewing evidence or seeking a police report.
You may wait or be in touch with your advocate
