Awkward order by magistrate
shankarhussain
(Querist) 16 February 2014
This query is : Resolved
I filed a complaint before M.M.u/s 200 CRPC, regarding forgery of some documents.
M.M. had only three options-
1)To reject the complaint
2)To send it to the police for registration of case & investigation.
3)To record the statement of complainant u/s 200 CRPC.
But he directed the complainant to approach the concerned police station without any direction for registration of a case.
Is it permissible?
where is the provision under the code regarding such direction by M.M.to ask the complainant to approach to police.
Surrender K Singal
(Expert) 16 February 2014
That direction itself could be sufficient for Police to initiate investigation and decide if FIR could be filed or not ?
Devajyoti Barman
(Expert) 16 February 2014
The order is clearly illegal once. Challenge it in sessions or in high court.
V R SHROFF
(Expert) 16 February 2014
No provision. Order is not legal.
Guest
(Expert) 16 February 2014
Whether you had attempted to give the Police Complaint before approaching the Court.If you had attempted and if there were any delay or refusal on the part of Police then only you could approach the Court for Directions.Other wise Magistrate is Right.
Advocate. Arunagiri
(Expert) 16 February 2014
Many of the magistrates pass order on the private complaint, only when the police refuses to entertain the complaint. For that they court will need any proof for such rejection by the police.
In this case, the magistrate would have directed the complainant to produce any proof for his previous complaint to police.
What so ever it may the case, the magistrate had not acted legaly in the above referred case.
Guest
(Expert) 16 February 2014
@ Now a days the almost all the courts had decided they should not be approached with out proper procedures and steps.Even Supreme Court strictly follows it now.You should file the complaint with police first and after exhausting the Departmental Remedies then only you could approach for Court Directions.
Guest
(Expert) 16 February 2014
@ Author I would Request you change the Title of the Query as it is equivalent to Contempt of Court
Anirudh
(Expert) 16 February 2014
Dear Shankar Hussain,
No contempt would arise because of the Title of the Query. In case you are hauled up for contempt, please give me vakalat. I will defend you successfully, FREE OF CHARGES, including my travel cost.
Rajendra K Goyal
(Expert) 17 February 2014
If not satisfied with the orders or you can always approach to higher court.
Biswanath Roy
(Expert) 18 February 2014
On receipt of a complain u/s.200 Cr.PC it is mandatory to examine complainant and witnesses on oath and record the same in writing (query is silent about such examination)Thereafter The Magistrate has some statutory obligations to deal with the same i.e., if he is not competent to deal with the same for taking cognizance he will return it for presentation to the proper court with an endorsement to that effect or if the complaint is not in writing direct the complainant to the proper court.But if the Magistrate accepts the complaint in writing, examine the complainant and his witnesses and such examination shall be reduced to writing and shall take cognizance.The Magistate after that can transfer the case to any MAGISTRATE U/S.192 Cr.PC. Thereafter Trial Mgistrate shall dispose it either by dismissal or by directing police to investigate the matter and to report or can start his own investigation and shall dispose the matter u/s.202 Cr.PC OR S/C. 204Cr.PC UNDER s/C.200Cr.PC THERE ARE MANY CRUCIAL POINTS WHICH ARE TO BE CONSIDERED BEFORE GIVING ANY PROPER ADVISE OR OPINION. But I think the present query is very cryptic one and does not disclose its proper perspective . Inspite of that if the querist aggrieved with the order of the Magistrate he may file an application for Revision u/s.401Cr.P.C BEFORE THE HIGH COURT OF JURISDICTION FOR RELIEF.
Surrender K Singal
(Expert) 18 February 2014
Very well explained dear Expert Roy that evidences age of your experience
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
I think the opinion given by learned expert Mr. Roy is more than sufficient, I agree to it and add that the author may follow it up.
