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Blabber Baba   12 November 2024

Verification stage in private criminal complaint before magistrate

I had filed a complaint case (U/s 200 Cr.P.C. r/w Section 190 of Cr.P.C.) against an individual for non-cognizable offences under Section 500 & Section 506 of I.P.C.
When I appeared before the Magistrate on previous date, she mentioned 'verification' on next date. 
What does 'verification' mean? What is to be done by the Complainant during verification stage?
(As of now, my statement has not been recorded under Section 200 of Cr.P.C. so far.)


Note: Case is of Maharashtra. 

VISHAL SAHA



Learning

 5 Replies

Dr. J C Vashista (Advocate )     13 November 2024

Your lawyer is the only and best person to advise you since the facts vis-a-vis query are vague.

Complaint u/s 500 read with section 506 IPC is not maintainable.

Sankalp Tiwari   13 November 2024

Dear Reader,
I understand that what you are asking for is a descripttion of verification as applied to the case of a complaint filed under Section 200 of the Code of Criminal Procedure. Verification, therefore, refers to the procedure whereby the Magistrate subjects the complainant to examination to verify the allegations placed before him to deduce whether sufficient ground exists for launching legal proceedings against the accused. This is where the Magistrate reads a sworn statement on oath presented by the complainant under provisions of the law to validate the truthfulness of the facts presented.

Since your statement has not yet been recorded, the Magistrate will likely record the same on the next date of the hearing. The complainant is required to give a clear, concise, and factual narration of the incident, supported by any evidence or documents that you may have. At this stage, you may introduce witnesses who could testify to your version of the events. The Magistrate may then use this authentication as a basis to summon the accused or not. So, prepare well for this step and see that it forms a good result concerning the case with you. I hope I have managed to clarify all your confusion. If you still have questions, feel free to ask.

2 Like

T. Kalaiselvan, Advocate (Advocate)     13 November 2024

The verification stage of a private criminal complaint before court is when a magistrate examines the complainant and witnesses under oath to determine if there is enough evidence to constitute an offense.

The magistrate examines the complainant and witnesses on oath.

The magistrate reduces the substance of the examination to writing and has the complainant, witnesses, and magistrate sign it.

The magistrate determines if there is enough evidence to constitute an offense

1 Like

P. Venu (Advocate)     14 November 2024

When did you file the complaint?

Dr. J C Vashista (Advocate )     15 November 2024

I have not so far confronted any such  terminology as "verfication" in a complaint filed under section 200 CrPC.

 


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