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Complaints to Magistrate

#sachinkumarpingle #feelthelife #complaints #magistrate Complaints to Magistrate S.-200 of Cr.P.C. relates the complaints failed before magistrate. We can discuss them under the following heads. 1) Examination of complainant and witness If a magistrate takes cognizance on a complaint, he must first of all examine the complaint and his witnesses, if any, on oath, and must then reduce the substance into writing. This must also be signed by the complaint, the witnesses and magistrate. 2) Procedure The procedure to be adopted thereafter is as follows- a) U/s.-200 of Cr.P.C. The magistrate must examine on oath, the complainant and his witnesses, if any at sufficient length, to satisfy himself, as to the veracity of the complaint, or as to any point, on which it is salient, or on which there may be any doubt. b) If the magistrate finds no prima reason to distrust the complainant and the facts constitutes the offence under the law, he must issue the process, forthwith. c) If he distrust complainant altogether, or if no offence is made out, he must dismiss the complaint. d) If however, his distrust is not sufficiently strong to warrant action upon it, he can post-pone the issue of the process, pending the further inquiry u/s.-202 of Cr.P.C. 3) In case of incompetency If a complaint is made to any magistrate, who is not competent to take cognizance of the offence, he must.. a) If the complaint is made in writing, return it for presentation to the proper court, with an endorsement, b) If the complaint is not in writing, direct the complaint to the proper court. 4) Power to Postpone Issue of Process S.-202 It is also provided that, the magistrate may also postpone the issue of process, and either inquire into the case himself, or direct an investigation to be made by a police officer, or any other person, as he may think fit, for the purpose of deciding, whether or not there is sufficient ground for proceeding in the matter. However, no such direction for investigation can be made a) Where it appears to the magistrate that, the offence complained of is tribal exclusively by the court of sessions, or b) Where the complaint has not been made by a court, unless the complainant and witnesses (if any) have been examined on oath u/s.-200 of Cr.P.C. 5)Dismissal of complaint S.-203 of Cr.P.C. provides that, if after considering the statements of the complainant and witnesses and on the result of inquiry or investigation, if any, the magistrate is of the opinion that, there is no sufficient ground, he must dismiss the complaint and record the reasons.