Is there is special format for examination of the complainant and recording of statement??
Mentally Depressed
(Querist) 13 January 2013
This query is : Resolved
Sir,
I have filed the complaint application before Metropolitan Magistrate under section 190 read with section 200 of Crpc without attaching the list of witnesses and relying only on one documentary evidence which was heard on yesterday. The Ld M.M Has given me next hearing date for pre summoning witnesses and asked me to furnish the list of witnesses
The magistrate has not examined the complaint , nor me( complainant ).If I furnish the list of witnesses, whether he examined me by the way of questionnaire or there is special format available in court computer records which they asked the complainants and his witnesses to sign on the paper??
I want to adduce more documents in the complaint, whether I can move separate application for adducing more documents on records? And under which provisions??
Whether I complainant and my witnesses under section 200 of CrpC can file the affidavit in order to avoid direct examination by magistrate and recording statements by magistrate??
V R SHROFF
(Expert) 13 January 2013
U shd engage Local Lawyer practising in criminal side. He will do needful.
Mentally Depressed
(Querist) 13 January 2013
Thanks for reply..I have already engaged he is outsation..But for personal knowledge purpose only
Arun Kumar Bhagat
(Expert) 13 January 2013
Your Query : If I furnish the list of witnesses, whether he examined me by the way of questionnaire or there is special format available in court computer records which they asked the complainants and his witnesses to sign on the paper??
Ans: You have to state the facts of the case briefly as depicted in the complaint. No specific format.
Your Query: I want to adduce more documents in the complaint, whether I can move separate application for adducing more documents on records? And under which provisions??
Ans: In the list of witness to be furnished by you, you include words "Documents etc."
Your query : Whether I complainant and my witnesses under section 200 of CrpC can file the affidavit in order to avoid direct examination by magistrate and recording statements by magistrate??
Ans: Except N.I.Act case, examination of complainant can not be done by way of filing affidavit. You have to depose orally.
Hope I have given reply to all your queries.
R.K Nanda
(Expert) 13 January 2013
no more to add.
Mentally Depressed
(Querist) 13 January 2013
Thanks Arun Kumar Ji and other learned experts members.whether the magistrate will ask the complainant and his witnesses what is written there in the complaint or by the way of question aire method or cross examination method he will record the version of the complainant and witnesses
or straightaway he depose the submission in the form of oath by affirming the contents laid down in the complaint
Arun Kumar Bhagat
(Expert) 13 January 2013
Either the Magistrate will ask or your Advocate may ask you questions regarding the facts (allegations). At this stage there shall be no cross-examination as the accused will not participate in the proceeding.
Raj Kumar Makkad
(Expert) 14 January 2013
Generally evidence in chief is got recorded by the lawyer of the party in favour of which such witness has been called which follows with the cross-examination of the opposite party.
yogesh
(Expert) 15 January 2013
Diagree to some extent as under section 200 of CRPC only magistrate is allowed as he has to take cognizance of offence. He will see whether there is genuinity is there in complaint and after examining the compliant, complainant and witnesses, if there is "sufficient cause" to issue process he will issue the process under section 204 of CrpC or may seek the police referreal to investigate under section 202 of CrPC which is different from 156(3)
yogesh
(Expert) 15 January 2013
Advocate has no role in section 200 of CrPC excpet he can escort the complainant or help the court in recording the statement
Arun Kumar Bhagat
(Expert) 15 January 2013
Yogesh is right. In West Bengal, Advocate of the Complainant puts question and Magistrate only records.
