Complainant not to examine under 200 crpc
Raj
(Querist) 25 August 2016
This query is : Resolved
Sir,
complaint is filed by 3 complainants against the accused before the Ld Judical Magistrate under section 500 of IPC under 156 (3) CrPC along with 190/200 Crpc. The Ld JMFC has dismissed the 156(3) of Crpc application and directed the Complainants to file the list of witnesses and to be examined under section 200 Cr.P.C before issuing of the process. Complainant No-1 donot wish to examine himself. What procedure he should follow , for not to be examined apart from not including his name from list of witnesses?
Devajyoti Barman
(Expert) 25 August 2016
No application u/s 156(3) crpc lies to start a case u/s 500 IPC and hence the Magistrate has rightly advised.
Now treat the complaint as one filed u/s 2(d), 200 crpc and give Solemn Affirmation by examining your self and any of the witnesses.
Then only the court will issue process.
adv.bharat @ PUNE
(Expert) 25 August 2016
Author need to act accordingly to get benefited by expert advice.
Kumar Doab
(Expert) 25 August 2016
You can benefit from the advise of Expert Mr.Barman.
Raj Kumar Makkad
(Expert) 26 August 2016
There is no requirement that all the complainants should examine themselves for the issuance of the process or for proving the case. It is not the number rather is the quality of witnesses which is material.
Rajendra K Goyal
(Expert) 26 August 2016
Agree with the expert raj kumar makkad.
