Pcr and due process
anand
(Querist) 17 April 2012
This query is : Resolved
Wife filed a PCR after FIR was rejected on jurisdictional grounds. The PCR is filed under section 200 of CrPC and has many sections under it including 498a and is filled with improbable allegations.
The magistrate's order sheet notes that the complainant prays to refer case to police, that he perused records, to be reigstered u.r No. II and referred u/s 156(3) to police station.
Should the magistrate make any attempt to check if any of the sections listed are even sensible, or can he blindly order an investigation?
Raj Kumar Makkad
(Expert) 17 April 2012
The magistrate has nothing to see at this stage. He is bound to send the complaint to concerned police station to investigate the case and lodge FIR.
V R SHROFF
(Expert) 17 April 2012
Magistrate will only send the complaint ton concerned Police Station for Police investigation and lodging FIR
Devajyoti Barman
(Expert) 18 April 2012
It is the duty of the Police to see whether the charges are true or false. The court only send the petition for registration of FIR.
anand
(Querist) 18 April 2012
Yes. My question is, isn't the magistrate required to do more than simply "peruse records" if Section 200 and section 156(3) are used, like examine complainant or check if allegations are reasonable?
prabhakar singh
(Expert) 18 April 2012
A police is expected to lodge a FIR and then to investigate.
If police refuses to register,magistrate exercises his control over police to direct the police to lodge the FIR which was refused.
At this stage magistrate is not expected to judicially go into the merit of allegations made therein.
Shonee Kapoor
(Expert) 18 April 2012
The magistrate has to apply his mind only on the issue that whether a cognizable crime is made out or not.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 18 April 2012
Unlike in complaint u/s 190(i)(a), the Magistrate need to examine the complainant.
Shashikant V. Patil
(Expert) 18 April 2012
An Investigation report has to received from concerned Police station in the said matter and then court will go through and make a order.
anand
(Querist) 19 April 2012
Thank you for all the responses. While the PCR mentions both Sections 200 and 190, the order sheet only mentions 200.
Is examination of complainant and witnesses mandatory?
