Criminal Complaint against person residing different state

The procedure to be followed after the registration of FIR to a police station or a criminal complaint before a magistrate are different. What you want to know?

Dear Mr. Ansari,

 

what is procedure in both cases i.e. if the complaint is filed before magistrate and FIR is registered with police.

 

kindly guide on the aspects.

Regards to all member.

In case a FIR is registered at a local police station against a person residing in a state other than a state where crime has been committed by him, police is duty bound to start investigation and police can request a magistrate for the issuance of arrest warrant and the arrest warrant thus issued may be executed in the manner given under section 78 or 79 of Cr.P.C. and the trial shall proceed accordingly.

In case a complaint is made under section 200 Cr.P.C, and the accused is residing outside the territorial jurisdiction of the court, the court is required to postponed the issuance of summons and it shall either enquire about the crime itself or may direct an investigation to be made either by police or some body else and it is only after conducting enquiry or investigation report, if the court is satisfied about the truthfulness of the complaint, it proceed ahead and issue summons to the accused to appear before it.

Thanks and Regards

Motish Kr. Singh (Advocate)

Mobile:09999507897, 09971812723

e-mail: motishsingh@gmail.com