Criminal law
anyay
(Querist) 07 February 2012
This query is : Resolved
M.M. says that he wont call upon witnesses prior to statement of complainant under sec. 200.
Can we move an application under section 202 to issue summons to witnesses before diposing under section 200 ?
Devajyoti Barman
(Expert) 07 February 2012
The Magistrate first take solemn affirmation of complainant. If he is not satisfied with the prima facie case then he make take statements of witnesses as well.
anyay
(Querist) 07 February 2012
"AGAIN HACKED"
"I AM UNDER SURVEILLANCE"
V R SHROFF
(Expert) 07 February 2012
Anyay,
why not give details?
usually 202 is the provision to direct police to investigate and report, before proceeding further. issue process.
w/o detail this query seems like academic.
M/s. Y-not legal services
(Expert) 07 February 2012
dear anyay.,
The Code of Criminal Procedure, 1973 (CrPc)
section 202 deal about., Postponement of issue of process".
(1) Any Magistrate, on receipt of a complaint of an offence which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by, a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made, -
(a) Where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions or
(b) Where the complaint has not been made by a court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witness on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Court on an offer in charge of a police station except the power to arrest without warrant.
-tom-
