Sec 200 Crpc and Sec 202 CrpC confronted ?
Kumar Krishan Agarwal Advocate
(Querist) 21 January 2011
This query is : Resolved
My Learned Friends,
I have filed a complaint case under Sec 190 before CJM, which is a ‘warrant case’ on behalf of “two complainants No.1 (lady) and complainant No.2 (male)”. The CJM has transferred the ‘case’ to the ACJM-II and the trial was started off. First the ACJM-II has recorded the Examination of the complainant No.1 under Sec 200 Crpc and leave out/excluded the examination of the complainant No.2 under Sec 200 Crpc. After that he passed an order to bring the evidence/witnesses under Sec 202 Cr.p.C on the next date of hearing, which will come after sometime.
Now My queries are:-
Q1. I found that is irregularity committed by the ACJM-II for not recording the examination of the complainant No.2 under Sec 200 Crpc? because the word "complainant/complainants in 200 CrpC" provide meaning as Sec 13 of General clause Act provides as follows:-
13. Gender and number.- In all (Central Acts) and Regulations, unless there is anything repugnant in the subject or context.- Words importing the masculine gender shall be taken to include females, and words in the singular shall include the plural, and vice versa.
Q2. That the Sec 202 Crpc the ACJM-II has NO power to call the evidence/witnesses directly while the ACJM-II has the power under Sec 200 Crpc to examine (all or any one of them) the evidence/witnesses (if any) before issue any process of warrant or summons under sec 204 Cr.pc?
Q3. That the Sec 202 Crpc only provides the power to ‘Session court’ to call the evidences/witnesses before issue any process of warrant or summons under Sec 204 CrpC ?
Q4. Now, What is the right procedure so that the irregularity is committed in trial, which makes set aside any irregularity by the Appellate Court on the mistake of ACJM-II. ?
// My local city lawyer friend opinion:- That make an application before ACJM-II to record the examination of the complainant No.2 .
Ajay Bansal
(Expert) 22 January 2011
THERE IS NO IRREGULARITY ON THE PART OF ACJM.OTHER WITNESSES,YOU WANT TO EXAMINE IN COURT, CAN BE EXAMINED BY POLICE U/S 202 Cr.P.C. SO WHY YOU ARE IN TENTION.IF POLICE DO NOT RECORD THEIR STATEMENT,THEN YOU CAN MOVE AN APPLICATION IN COURT AND THEN COURT WILL GET THEM EXAMINED EITHER THROUGH POLICE OR ITSELF.ONLY IN CASES, TRAILABLE BY SESSION COURT,LOWER COURT IS PRECLUDED TO SEND THE MATTER U/S 202 Cr.P.C TO POLICE OTHERWISE THE COURT HAS POWER TO SEND THE MATTER TO POLICE EVEN AFTER EXAMINATION OF ONLY ONE COMPLAINANT.
Advocate. Arunagiri
(Expert) 22 January 2011
1. It is not necessary to record the statements of all the complainants.
2. Under 202 the court is having all such powers to call the witnesses.
3. ACJM is having powers.
4. There is no irregularity.
//No need for an application for examining the 2nd Complainant.//
Adv. Sarjine Thomas
(Expert) 29 January 2011
OTHER WITNESSES,YOU WANT TO EXAMINE IN COURT, CAN BE EXAMINED BY POLICE U/S 202 Cr.P.C. SO WHY YOU ARE IN TENTION.IF POLICE DO NOT RECORD THEIR STATEMENT,THEN YOU CAN MOVE AN APPLICATION IN COURT AND THEN COURT WILL GET THEM EXAMINED EITHER THROUGH POLICE OR ITSELF.ONLY IN CASES, TRAILABLE BY SESSION COURT,LOWER COURT IS PRECLUDED TO SEND THE MATTER U/S 202 Cr.P.C TO POLICE OTHERWISE THE COURT HAS POWER TO SEND THE MATTER TO POLICE EVEN AFTER EXAMINATION
