Can there be an appeal against an order of dismissal of a complaint under section 203 of the Cr PC?

In other words, where a complaint has been dismissed by the Magistrate under Section 203, made by the complainant can be challenged in a revision petition before the High Court or the Sessions Judge, the persons who are accused in the complaint have a right to be heard in such a revision petition.

Can a second complaint line after the dismissal of the first complaint?

If it were the law that the jurisdiction of a Magistrate is barred by the dismissal of the previous complaint, a complainant filing a second complaint would refrain from mentioning in it the dismissal of the previous complaint. That would be quite an unsatisfactory state of law.

Can a second complaint lie after the dismissal of the first complaint under CrPC?

I accept the view expressed by the High Courts that there is nothing in law which prohibits the entertainment of a second complaint on the same allegations when a previous complaint has been dismissed under Section 203 of the Code of Criminal Procedure.

What do you mean by Dismissal of complaint?

The Magistrate before whom a complaint is made or to whom it has been transferred, may dismiss the complaint, if after considering the statement on oath (if any) of the complainant and the result of the investigation or inquiry (if any) under section 202; there is in his judgment no sufficient ground for proceeding.

What is the difference between FIR and complaint?

Complaint refers to an appeal made to the magistrate, comprising an allegation that a crime has taken place. FIR implies the complaint registered with the police by the plaintiff or any other person having knowledge of the cognizable offence.

What is Section 200 under IPC?

200. Using as true such declaration knowing it to be false. —Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Who can file complaint under section 200 CrPC?

Complaint to Judicial Magistrate The Informant can file a Complaint under Section 200 CrPC.

Can a magistrate dismiss a complaint under Section 202?

Under Section 202 there is no provision provided to compel the complainant to be present in the court during the Examination of the witnesses on oath and especially when the complainant has been already examined on oath. Dismissal of the complaint by the Magistrate in such a situation will be considered illegal.

What is the procedure after receipt of complaint in court?

On receipt of a complaint a Magistrate has several courses open to him. He may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Section 200, Cr PC. Thereafter if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203, Cr PC.

When is the dismissal of a complaint inappropriate?

In the Chiman Lal v Datar Singh and Ors. (1997) case, it was held that the dismissal of a complaint is inappropriate where the Magistrate is unable to examine the material facts and witnesses as stated under 202 of CrPC.

Is verification of complainant a formality under Section 200?

The Bombay High Court has observed that the verification of the complainant as required under Section 200 of the Cr PC is not a mere formality and the Magistrate has to ascertain thereby whether the complaint is genuine or frivolous.