What will happen if the complaint is made to a magistrate who is not competent to take cognizance of the offence?

The procedure by Magistrate not competent to take cognizance of the case. If Complaint is made in writing, then Magistrate will refer that case to that proper Court. If the Complaint is not in writing, then Magistrate will direct the complainant to the proper Court. ”

What are the conditions when a magistrate may take cognizance of any offence?

Under that provision a Magistrate’ may take cognizance of any offence in three different ways, namely, (1) upon receiving a complaint of facts which constitute such offence; (2) upon a report in writing of such facts made by any police officer; and (3) upon information received from any person other than a police …

What is the procedure for taking cognizance by a magistrate of an offence on complaint?

A magistrate taking cognizance of an offence under clause (c) must, before any evidence is taken, inform the accused person that he is entitled to have the case tried by another Court, and if the accused objects to being tried by such magistrate, the case must be committed to the Court of Sessions, or transferred to …

When a complaint is presented to a magistrate and the magistrate proceeds to examine the complainant and the witnesses?

200- Examination of complainant – A magistrate taking cognizance of an offence on complaint shall, examine upon oath the complainant and witnesses present, if any and the substance of such examination shall be reduced into writing and shall be signed by the complainant and witnesses and also by the magistrate.

Can a Magistrate investigate personally in a case?

For this purpose section like 156 present in the criminal procedure code, it empowers the police officers to investigate the case without taking authorization from the magistrate and at the same time it also empowers the magistrate to check the investigation and if magistrate can not be satisfied by the conclusion of …

In what chapter are complaints to magistrates contained?

Examination Of Complaint Section 200:

• if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or.
• if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:

Under what circumstances a Magistrate can make an order for investigation of an offence?

If the officer in charge has any reason to suspect the commission of an offence, they may investigate. After this officer in charge shall be sent the same report to a magistrate. It was mandated under Section 157 that a copy of FIR was sent to the magistrate as soon as possible.

What are the limitation period of taking cognizance of Offence?

six months, if the offence is punishable with fine only; one year, if the offence is punishable with imprisonment for a term not exceeding one year; three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

What is Section 202 CRPC?

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a …

Can a magistrate review the Order of dismissal of a complaint?

The Magistrate has no power to review the order of dismissal of the first complaint and it leads to the legal determination of complaint If the complaint is dismissed for the default it cannot be revived by order of dismissal. [ix] What is a complaint?

Can a court postpone the issue of process of prima facie case?

It is only when a Court of Magistrate fails to satisfy itself regarding the existence of a prima facie case but does not think that such a case deserves to be dismissed then and there under section 203 of Cr.P.C., a Court can postpone the issue of process and direct further investigation under section 202 (1) of Cr.P.C.

Can a second complaint be filed against a magistrate under Section 203?

If the first complaint of the complainant was dismissed by the Magistrate under Section 203, a second complaint may be filed by the complainant, but it is allowed only under some exceptional circumstances on the same fact exist.

What happens if a complaint is not in writing?

If the complaint in writing has been made to Magistrate not competent to take the cognizance of the offence, he shall; The Magistrate can return the complaint about the presentation to the proper Court with approval to that conclusion. If the complaint is not in writing then the Magistrate shall direct the complainant to the proper Court.