Skip to main content

“The Procedure to Take Cognizance of a Private Complaint by Magistrates”

 “The Procedure to Take Cognizance of a Private Complaint by Magistrates”- By Yashika Soni

The Karnataka High Court has laid down the steps for Magistrates to take when they receive a private complaint under Sec. 200 of CrPC, 1973.

  1. "The cognizance taking procedure to be followed may be established as follows: I After the presentation of the complaint, the Magistrate must read the complaint and if he finds prima facie, the commission of an offence or offences is not disclosed, he can reject or dismiss the complaint," a single-judge bench led by Js. Sreenivas Harish Kumar said in an order dated July 22, 2021. However, the Magistrate should be cautious of dismissing a complaint based only on its content, because if the complaint is not adequately expressed, dismissal may result in injustice to the complainant. It's also conceivable that effective drafting creates the idea that an offence has occurred, which isn't always the case. As a result, if required, it is preferable to examine the complainant and witnesses.

  2. If the Magistrate concludes that there are sufficient grounds to proceed further after reading the complaint and examination of the witnesses (if they are present and their inquiry is necessary) under section 200 Cr.P.C., he shall take cognizance of the offence and issue process to the accused.

  3. If the Magistrate is not satisfied that there are sufficient materials to take cognizance after following the procedure set forth in Sec. 200, he may hold an inquiry himself or order a direct investigation as provided in S.202 of CrPC.

  4. If the Magistrate does not find prima facie materials of the commission of any offence after examination of the complainant and witnesses (if any), the case might be dismissed under S.203.

  5. Using the process outlined in Section 202 is not always required; it may only be used in the conditions outlined in Section 202. That is, even after the stage of section 200, cognizance may be accepted or the complaint may be denied, depending on the circumstances.

  6. It is not essential for a Magistrate to sign the order sheet with the words "cognizance taken," but it is needed that the application of mind be expressed in a concise order. The decision to issue a process to the accused is equivalent to taking cognizance.

  7. The Magistrate must follow the same procedure as laid down whenever an investigating police officer submits "B" report and the complainant wishes to challenge the "B" report.

  8. Additionally, "In the matter at hand, nothing is there showing that the remedies under Section 154(1) and Section 154(3) Cr.P.C. have been sought, and no affidavit has been filed," the court stated. The affidavit attached to the complaint is quite cryptic, and thus fails to fulfil the mandate in Priyanka Srivastava." This means that before addressing the court under Section 200 Cr.P.C., the complainant shall make an explicit statement in the complaint that he has exhausted the remedies under Sections 154(1) and 154(3) of the Cr.P.C. As decided by the Supreme Court in Priyanka Srivastava case, the complainant must additionally present proof of exhausting the remedies envisioned by Sections 154(1) and 154(3) of the Cr.P.C. and file an affidavit to that effect. 


Comments

Popular posts from this blog

Physical Internship & Training Program - Legal (LEVEL - 1)

   Physical Internship & Training Program - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS/CS STUDENTS/ FRESHER LAW GRADUATES/ FRESHER CS. Position: Physical Internship & Training Program - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS for the position of Physical Internship & Training Program - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS who wants to learn as a beginner. Desired Qualification: Any additional qualification  will be pre

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous professional conduct expected

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and instruct