Personal appearance in complaint u/s 200 crpc
Ashok Kumar
(Querist) 08 September 2024
This query is : Resolved
Respected Law Professionals,
I would like to know whether the personal appearance of the Complainant is required in a Complaint filed u/s 200 CrPC before a Ld. Judicial Magistrate? Kindly specify whether the appearance of the complainant would be required in the pre-trial stage, trial stage, or any specific points in time in either. I have heard conflicting advice from several advocates. Some who say that the personal appearance required for each and every hearing (though exemption applications can be submitted u/s 205 CrPC). Whereas others have informed me that personal appearance is only required for the personal statement and cross-examination (which is to take place twice i.e. at both the pre-trial and trial stages).
I would appreciate a definitive response so that I can understand whether it makes sense to file the Complaint whose jurisdiction is in another state. It seems that it would be a great hindrance to the service of justice if the personal appearance were to be required for each any every hearing - as the Complainant would have to strongly reconsider whether to even file the Complaint due to the severe obstacle/expense of repeated personal appearances.
Note that I have already exhausted the options of filing of Complaint before the police who did not properly investigate the matter and also the filing of an application u/s 156(3) CrPC, which directed the police to reinvestigate the matter, but the outcome was the same.
Thank you in advance for your time and response.
T. Kalaiselvan, Advocate
(Expert) 08 September 2024
You can analyse the benefits of the case that you may get even if the case is finally decided in your favor after a protracted conduct of the trial proceedings.
The criminal complaint will in no way going to compensate you monetarily except to punish the accused, if found guilty.
Besides you state that you have to travel a very long distance from one state to another just to attend the case, which practically appears to be very costly, hectic and fatigue.
In a private criminal complaint, it is pertinent that the complainant has to appear before court on each and every hearing without fail.
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
If the complainant is absent on a hearing day and the offense is not cognizable or can be compounded, the magistrate may discharge the accused before framing the charge.
Section 200 requires the Magistrate to question both the complainant and the witnesses in attendance. Due to the importance of this requirement, the Magistrate must inquire whether or not a witness is present. The Magistrate shall also note the relevant fact in the order sheet if the witness is missing.
Ashok Kumar
(Querist) 08 September 2024
I appreciate the reply. Could you enlighten me as to whether Magistrates are inclined to dispense of the personal attendance of the Complainant? I am a senior citizen and, as mentioned, reside in another state.
Also would you mind clarifying whether the Complainant would have to appear for each and every hearing only during the pre-trial evidence stage? Or would it be required for the main trial? Or both?
I do not condone the filing of frivolous cases and strongly believe that cognizable and non-compoundable offenses were committed for which there is documentary evidence. Therefore, I do wish to pursue this case.
If any advice could be given regarding strategies for removing the hurdle of personal appearances, it would be very much appreciated. Thank you.
T. Kalaiselvan, Advocate
(Expert) 10 September 2024
It is you have filed the private criminal complaint seeking relief through law and have approached the judicial magistrate court with the complaint, then it becomes your duty to appear before court and express your grievances in person by the form of a sworn affidavit by stepping into the witness box, otherwise your complaint will not be entertained.
If you are senior citizen then why are yo looking for a relief at such a far off place when you are not able to appear before court for the case you have file yourself.
If you consider your personal appearance as a hurdle then you cannot file the case at all.
Better comply with the legal procedures properly if you are really looking for relief through criminal law accordingly.
