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Complaint case under section 190 after fir

(Querist) 21 July 2017 This query is : Resolved 
A person filed a FIR against a person and then went to the Magistrate that police is not taking any action in the FIR lodged. Magistrate filed a complaint case against the accused under section 190 Crpc.

So my concern is that does magistrate has the power to take a complaint case when FIR has already been lodged and police has not submitted their report?

I am the accused in the case and have filed an appeal in the high court against it. I have searched a lot related to this but find no ruling related to it.
Any help will be appreciated. Thanks in advance.
P. Venu (Expert) 22 July 2017
If the FIR has been registered, the complaint does not survive. It is a case of double jeopardy. It could be that the complainant may be at fault in misleading the court. Please verify the contents of the complaint.
Sankaranarayanan (Expert) 22 July 2017
you ask your lawyer and act accordingly
Rajendra K Goyal (Expert) 22 July 2017
Matter is pending with the High Court.

Your lawyer would search the Judgment / reference cases / ruling / citation / decided cases, same is not provided in this section.

How are you concerned with the problem?
Ankit (Querist) 24 July 2017
I am accussed in the following case. Does magistrate has the power to start a complaint case on a complaint and after filing the criminal complaint call for police inveatigation, when police is already investigatinh in tge matter.
Adv. Yogen Kakade (Expert) 26 July 2017
The details of the complaint need to be seen.
Ankit (Querist) 26 July 2017
Thanks for replying but please dont bother to reply if you dont know the answer or your reply is consult your lawyer. I will definitely do that. I have not posted the query to hear these stupid answers, there are many intelligent law gurus, who would like to involve in these conversation and can guide people like me and make it easy for me to decide whom to engage in my case.
Ms.Usha Kapoor (Expert) 30 July 2017
Criminal-Cases
High-Court
Judgments
Section 190 CrPC empowers the Magistrate to take cognizance of any offence on receipt of information from any person other than a police officer or upon his own knowledge, that an offence has been committed .
So the complainant withdraw either police ecomplai9nt and proceed with private complaint proceedings with the Magistrate. As per section 190 magistrate MAY SUO MOTU IF SUCH FACTS LEADING TO TH4E COMPLAINT COMES TO HIS KNOWLEDGE AND PROCEED WITH THE CASE.sO COMPLAINANT HA S TWO OPTIONS. either HE FILE FIR AND WAIT FOR THE POLICE TO INVESTIGATE AND FILE CHARGE SHEET OR STRAIGHT AWAY FILE PRIVATE CO9MPLAINT IN MAGISTRATE COURT. either OF THESE HE HAS TO WITHDRAW FOR THE CASE TO PROCEED AND BOOK THE GUILTY OF CRIME.If you appreciate this answer please click the like button.


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