Dismissal of complain

  @ Author

As far as my understanding goes the sequence is mentioned below which is open for refinement by my ld. brothers...........


1. S. 249 CrPC enables a magistrate to discharge the accused when the complainant is absent and when the conditions laid down in the said S. are satisfied.


2. S. 256 (1) CrPC enables a magistrate to acquit the accused if the complainant does not appear. Thus, the order of dismissal of a complaint by a criminal court due to the absence of a complainant is a proper order. Therefore, so far as the accused is concerned, dismissal of a complaint for non-appearance of the complainant or his discharge or acquittal on the same ground is a final order and in the absence of any specific provision in the Code, a Magistrate cannot exercise any inherent jurisdiction. 


3. There is absolutely no provision in the Code of Criminal Procedure of 1908 empowering a Magistrate to review or recall an order passed by him.


But, CrPC (The Code) does contain a provision for inherent powers, namely, S. 561 - A which, however, confers these powers on the High Court and the High Court alone.


4. Unlike S. 151 CPC, the subordinate criminal courts have no inherent powers. In these circumstances, therefore, the ld. Magistrate had absolutely no jurisdiction to re-call the order dismissing the complaint.


5. Filing of a second complaint is not the same thing as reviving a dismissed complaint after recalling the order of dismissal. The CrPC does not contain any provision enabling the Criminal Court to use such an inherent power.


6. A second complaint is permissible in law if it could be brought within the limitations imposed by the Supreme Court in Re.

Pramatha Nath Taluqdar v. Saroj Ranjan Sarkar [1962] Suppl. 2 S.C.R. 297. 

Bindeshwari Prasad Singh v. Kali Singh, [1977] 1 S.C.R.

7. S. 200 CrPC contemplates a Magistrate taking cognizance of an offence on complaint to examine the complaint and examine upon oath the complainant and the witnesses present if any. If on such examination of the complaint and the witnesses, if any, the Magistrate if he does not want to postpone the issuance of process has to dismiss the complaint under S. 203 CrPC if he comes to the conclusion that the complaint, the statement of the complainant and the witnesses has not made out sufficient ground for proceeding.


8. Per contra if he is satisfied that there is no need for further inquiry and the complaint, the evidence adduced at that stage has materials to proceed, he can proceed to issue process under S. 204 CrPC and under the Code S. 202 CrPC  contemplates; postponement of issue of process - It provides that if the Magistrate on receipt of a complaint if he thinks fit, to postpone the issuance of process against the accused and desires further inquiry into the case either by himself or directs an investigation to be made by a Police Officer or by such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding, he may do so. In that process if he thinks it fit he may even take evidence of witnesses on oath, and after such investigation, inquiry and the report of the Police if sought for by the Magistrate and if he finds no sufficient ground for proceeding he can dismiss the complaint by recording briefly the reasons for doing so as contemplated under S. 203 CrPC.

9. But after taking cognizance of the complaint and examining the complainant and the witnesses if he is satisfied that there is sufficient ground to proceed with the complaint he can issue process by way of summons under S. 204 CrPC.

10. Therefore what is necessary or a condition precedent for issuing process under S. 204 CrPC is the satisfaction of the Magistrate either by examination of the complainant and the witnesses or by the inquiry contemplated under S. 202 CrPC that there is sufficient ground for proceeding with the complaint hence issue the process under S. 204 CrPC.


11. In none of these stages the Code has provided for hearing the summoned accused, for obvious reasons because this is only a preliminary stage and the stage of hearing of the accused would only arise at a subsequent stage provided for in the latter provision in the Code.


12. It is true as held by Hon’ble Supreme Court in re. K.M. Mathew v. State of Kerala & Anr. 1992 1 SCC 217 before issuance of summons the Magistrate should be satisfied that there is sufficient ground for proceeding with the complaint but that satisfaction is to be arrived at by the inquiry conducted by him as contemplated under sections 200 and 202, and the only stage of dismissal of the complaint arises under section 203 of the Code at which stage the accused has no role to play therefore the question of the accused on receipt of summons approaching the court and making an application for dismissal of the complaint under S. 203 CrPC for a reconsideration of the material available on record is impermissible because by then S. 203 CrPC is already over and the Magistrate has proceeded further to S. 204 CrPC stage.

It is true that if a Magistrate takes cognizance of an offence, issues process without there being any allegation against the accused or any material implicating the accused or in contravention of provision of S (s). 200 & 202 CrPC, the order of the Magistrate may be vitiated, but then the relief an aggrieved accused can obtain at that stage is not by invoking S. 203 CrPC because the Criminal Procedure Code does not contemplate a review of an order. Hence in the absence of any review power or inherent power with the subordinate criminal courts, the remedy lies in invoking S. 482 CrPC only!

Dear Nikhil Singh

tghe section 203 of Crpc is says; if after considaring the statment on oath of the complinant and of the witness and the result of the enquiry or investigation u/s 202 the magistrate is of opinion that there is no sufficient ground for proceding he shall dismiss the complint. and in every such case he shall breifly record his reasons for so doing.

so it is the procedure adopt by magistrate noone can file an application u/s 203 for the dissmissal 0of the complaint

file a discharge petition u/s 245 of cr.pc.

not applicable please read the section properly.

This pertains REGISTRATION of a complaint:

1. Can a complaint be raised for 'IMPERSONATION" in government office? What is the procedure? Which is the court that will receive this complaint?

2. Can a complaint be raised for "False affidavit on oath i.e. Perjury" u/s 191, 193, 196, 199, 420 etc in isolation i.e. ALONE i.e. without touching upon other details of a case? How to do this? (Because other aspects of the case will be raised using standard legal options)