Can FIR be lodged in a case regarding which it has been expressly declared in CrPC that no court shall take cognizance of such offence except upon a complaint.


Can FIR be lodged in a case regarding which it has been expressly declared in CrPC that no court shall take cognizance of such offence except upon a complaint.

for eg. The offence u/s 494 IPC, regarding which it has been clearly declared u/s 198 CrPC that no court shall take cognizance of this offence except upon complaint filed by aggrieved person.
and as per Sec 2(d) of CrPC, Complaint can be made only to Magistrate.
 
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Complaint can also be made to magistrate virtually, if a female. Also, there is difference between FIR and Complaint. FIR can be lodged by anyone who is eye witness of the event. Complaint can also be registered by 3rd party.

 
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