What procedure is followed by a Magistrate after receiving a complaint?

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall:

• if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
• if the complaint is not in writing, direct the complainant to the proper Court.

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.

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.

Under which section private complaint is filed?

The Karnataka High Court has set out the procedure to be followed by Magistrates for taking cognizance of a private complaint made to them under Section 200 of the Criminal Procedure Code (CrPC).

Can a Magistrate pass a death sentence?

The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.

Under which section complaint is defined?

Central Government Act. 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.

Can a Magistrate order to stop investigation?

It may be noticed that Section 159 Cr, P. C. which confers power on the Magistrate either to proceed or to depute a subordinate Magistrate to proceed to the spot to hold a preliminary enquiry into the case does not expressly confer upon, him the power to stop investigation by the Police which is already in progress.

What is a charge under CRPC?

In simple terms, charge means informing the accused person of the grounds on which the accused is charged. A charge is defined under Section 2(b) of the Criminal Procedure Code, 1973 which states, the charge includes any head of the charge when the charge contains more than one head.

What do you mean by complaint under CRPC?

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 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 postpone the issuance of process?

Any Magistrate on receiving a complaint of an offence for which he has authorization to take cognizance or the case has transferred to him, if he thinks, postpone the issuer of process. It can postponed if the accused resides at a place beyond the areas in which he exercises his jurisdiction.

Can a magistrate issue a summon or warrant for attendance of accused?

Under section 204 a magistrate can issue summon or warrant for the attendance of the accused after the witnesses of the prosecution have been filed. Under the old Code (i.e. the 1898 Code), it was necessary to refer to the fourth column of the Second Schedule to ascertain whether a summons or a warrant should be issued in a particular case.

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 happens after I have filed a complaint?

When you have properly filed your Complaint, the Magistrates Court will issue a Summons. A copy of the original Summons, along with a copy of the Complaint and any attachments, must be served on each person you are suing.