Compaint under 200 crpc

Section 200 in The Code Of Criminal Procedure, 1973

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.

 

Regards,

Anaita Vas

How is the Police Commander involved in the sanction of persons? The posting is too subjective. The facts posted are confusing and disjointed. Please post complete but simple facts.

The person committed fraud is retired police person in special forces, to recover amount commandment is directed to recover money from his pension which is released from commandant 

File a complaint to  the superior or Ministry of Home affairs and also before Lokpal (central) or Lokayukt ( state)

The facts posted are less than conviencing, hypothetical and unbelievable.

In acceptable situation i am posting this query. 

Hi, Section 200 of Code of Criminal Procedure states the following "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." So section 200 provides the action to betaken against the defaulting party. However, section 190 of CrPC provides: 190. Cognizance of offences by Magistrates. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence- (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub- section (1) of such offences as are within his competence to inquire into or try. Upon a simple reading of the aforementioned sections, it can be concluded that the complaint must be filed under section 190 and a further action lies under section 200 of CrPC. Best regards, Megha