How is a complaint examined?

Examination Of Complaint Section 200: A Magistrate with whom compliant filed, shall examine the complainant and also witnesses on oath. The contents in the compliant shall also examined and reduced in writing in a report. The report shall have signature of complainant, witnesses and also the Magistrate.

How a complaint is examined and preceding commences?

The magistrate after taking cognizance of an offence has to examine the complainant and witnesses present. This examination has to be done upon oath. The magistrate also has the duty to note down the relevant information found in such examination.

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

Taking cognizance actually does not involve any formal action by the judge or magistrate, because as soon as a magistrate applies his mind to the suspected commission of an offence for the purpose of taking subsequent steps under criminal procedure code for example summoning an accused on the basis of the information …

Why the complaint is made to a magistrate against a person?

To determine the facts of the offence. To prevent wastage of time of the Court. To help the Magistrate to see whether there are sufficient ground and proceeding of the case.

What do you mean by complaint to magistrate?

Section 2(d) in The Code Of Criminal Procedure, 1973. (d) ” complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

What do you mean by examination of complaint under CrPC?

S. 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.

What is issue process by magistrate?

The issue of process is defined under Section 204 of The Code Of Criminal Procedure, 1973. Section 204 empowers the magistrate to issue summons or warrant (as the case appears) for the attendance of the accused after the witnesses of the prosecution have been filed.

What conditions a Magistrate can take cognizance of the offence and procedure for taking cognizance by a Magistrate of an offence on complaint?

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 cognizance of offence by Magistrate?

The word ‘cognizance’ indicates the point when a Magistrate or a Judge first takes judicial notice of an offence. It is entirely a different thing from initiation of proceedings; rather it is the condition precedent to the initiation of proceedings by the Magistrate or the Judge.

How a complaint is examined under CrPC?

What do you mean by complaint to Magistrate?

What are the powers of a magistrate taking cognizance of an offence?

A Magistrate taking cognizance of an offence on the complaint shall review upon oath the complainant and the witnesses present if any, and the matter of such investigation shall be decreased to writing and shall be approved by the complainant and the witnesses, and also by the Magistrate [8]. In this case, Mr. Rajesh Bhalchandra Chalke v.

What is a magistrate’s enquiry?

(1) To empower the Magistrate to examine precisely the accusations made in the accusation with a view to preventing a person named therein as accused from being asked upon to face an irrelevant, flighty or meritless complaint.

Can a magistrate order a police officer to investigate a case?

The magistrate can also either inquire into the case himself or direct the police officer to investigate into the case. Provided that no such direction for investigation made where: the complaints not made by a Court, unless the complainant and also the witnesses present (if any)examined on oath under section 200.

What is a complaint in Criminal Procedure?

The Code of Criminal Procedure defines the term ‘complaint’ as any allegation made orally or in writing to a Magistrate. It’s done with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

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