Procedure under 200crpc.
rakesh
(Querist) 06 December 2012
This query is : Resolved
can a non cognigable offence 498a trialed under jmfc of dj on a pvt.complaint under 200crpc summoned & warrent the accused without filing list of witness.
ajay sethi
(Expert) 06 December 2012
The Magistrate, when approached with a Complaint under Section 200 of the Code, should invariably proceed under Chapter XV by taking cognizance of the Complaint, recording evidence and then deciding the question of issuance of process to the accused. In that case also, the Magistrate is fully entitled to postpone the process if it is felt that there is a necessity to call for a police report under Section 202 of the Code.
Adv.R.P.Chugh
(Expert) 06 December 2012
No Section 204 mandates that process (which may be summons or warrants as the case may be) won't be issued unless List of Witnesses alongwith necessary process fee is not filed. If the same is not filed - it can even lead to dismissal of the complaint, which having said that won't bar a new complaint on the same facts.
Bharat Chugh - Advocate Supreme Court of India
Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com
Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia
Raj Kumar Makkad
(Expert) 06 December 2012
I have to add nothing in the already provided replies.
