Private complaint
pushpakrishna
(Querist) 19 June 2013
This query is : Resolved
Dear Experts,
A person filed a private complaint in the magistrate court XYD u/s 384,420 rws 34 of ipc.but magistrate instead of referring the same to the police posted for sworn statement of the person who filed the private complaint.generally a private complaint filed by any person with the Magistrate ,the magistrate used to refer to the police.in the above matter it is posted for Sworn statement of the complainant. is it fair ? kindly advice in this regard with suitable suggestions.Thank you..
Rajendra K Goyal
(Expert) 19 June 2013
Section 200 of Cr P C is given as under:
200. Examination of complainant -
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the
complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine
the complainant and the witnesses—
(a) if a public servant acting or purporting to act in the discharge of his official duties or a
Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under
section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under
section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them
Hence the magistrate has power.
Raj Kumar Makkad
(Expert) 19 June 2013
A magistrate may or may not send the complaint to the police for lodging FIR under section 156 (3) criminal procedure code.
Nadeem Qureshi
(Expert) 19 June 2013
Dear Querist
as per your information, it is mandatory as per section 200 of Crpc, as Mr. Goyal Informed you and The magistrate have power U/s 202 of Crpc
Section 202 in The Code Of Criminal Procedure, 1973
202. Postponement of issue of process.
(1) Any Magistrate, on receipt of a complaint of an offence of 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 Session; 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 witnesses 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 Code on an officer- in- charge of a police station except the power to arrest without warrant.
