Regarding complaint
prasad
(Querist) 20 February 2014
This query is : Resolved
what is difference between the complaint and deemed complaint under crpc? Whether Section 258 of crpc will applicable to above stated complaint and deemed complaint?
Devajyoti Barman
(Expert) 20 February 2014
academic queries are not replied here.
prasad
(Querist) 05 March 2014
Respected Sir, because kind suggestion to allow me to explain the nature of case. The accused person filed a private complaint under sections 4 and 9 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act of 2003 r/w Sections 306,and 406 of IPC before Magistrate court. The Honourable court had forwarded the complaint to police station under section 156(3)for investigation.It is still pending but Fir had been registered. Before that complainant had filed a cheque case under Negotiable instrument Act.Now at this stage of Questioning in the cheque case the accused person had filed Petition under section 258 of crpc to stop the proceedings along with Section 210 of crpc petition and also that section 210 crpc petition was dismissed.Whether Section 258 of crpc will applicable to the above case? In Section 258 of crpc states that "In any summons case instituted otherwise upon complaint" For that only I had asked difference between complaint(Under section 2(d)of crpc and in section 2(d) itself states an explanation "A report made by a police officer in a case which discloses ,after investigation , the commission of non-cognizable offence shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be complaint" Please enlightene me.
T. Kalaiselvan, Advocate
(Expert) 25 February 2014
