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MUNEESH DHAWAN (Advocate)     09 January 2009

Private Criminal Complaint

Dear Friends Can any one elaborate on private criminal complaint u/s 200 crpc..{distinguished from Sec. 156 (3)}. Complete procedure/process needs to be explained

Regards,

Muneesh Dhawan



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 2 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     09 January 2009

DEAR MUNEESH,


If you approach to the Police Station either with a written Complain Or oral one, when the " REFUSE "  to " REGISTER " any " COMPLAINT "/"FIR" U/s. 154 of Cr.P.c.


Them, what "REMADY" left to you in General Or as per Sec. 154 of Cr.P.C. ?


(i) Either You  can send your written complaint to Ploce Station/Asst, Commissioner Of Police/ Deputy Commissioner Of Police and  Commissioner Of Police  through Registered Post as provided U/S. 154 (3)


(ii) And on failure to get Register your complaint, OR directly  You  can approach to the " CONCERNED" Magistrate of that Police Station with your Wriiten "COMPLAINT".


So, you are in need of the same Procedure, how to approach with a complaint before the Magistrate U/S. 200 of Cr.P.C.


Mr. Muneesh, 


The Procedure U/S200 of  Cr.P.C is very simple:


(i) First you prepre your "PRIVATE COMPLAINT" as per the formate for the alleged offences, attach all the documents along with your complaint separately as "LIST OF DOCUMENTS", and mention names of the witnesses to the alleged offences in your complaint in  "LIST OF WITNESSES", then approaching to the "CONCERNED" Magisrate who is granted with Jurisdiction of that P.S, file your complaint in the "PRESENCE" of "COMPLAINANT".


(ii) Then on your Complaint, if and only if  the Magistrate coniders, may either direct you to produce witnesses  ( Complainant/Witnesses as per List) on the same day or any other day  to record the "EVIDENCE".


(iii) After recording of such Evidence, Magistrate may directly "ORDER"  for issuance of "SUMMONS " to the " ACCUSED".  


For The Complaints,  If Filed U/S. 200  Read/With Sec. 156 (3) of Cr.P.c.



(a) Then,  on your Complaint, if and only if  the Magistrate coniders, may either direct you to produce witnesses  ( Complainant/Witnesses as per List) on the same day or any other day  to record the "EVIDENCE".


(b) After recording of such Evidence, OR otherwise Magistrate may " REFER/SEND YOUR COMPPLINT T THE CONCERNED POLICE STATION" with the directions to (i) Register a "FIR" U/S. 154 of Cr.P.C on this Complaint for the Alleged Offences against Accused (ii) Investgate the matter (iii) Submit Report.


So, Mr. Muneesh, I think this will suffice for you and about your doubts. 


 



  

Nand LAL (ADVOCATE)     20 December 2010

Sir,

        Kindly advise, when police do not register FIR on furnishing the details of cognizable offence, the remedy lies sending the written complaint to the Superintendent of Police u/s 154 (3) of cr p c through regd post. In such a situation if the complantant personally hand over the written complaint of the said cognizable offence to the SP and get the receipt on the second copy of the complaint for his record, for speedy action, avoiding postal delay . Will it make any difference not sending the complaint under regd post to attract section 154 (3) cr p c ? 


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