Kshiteej Anokar (Advocate) 07 February 2012

Cognizance by magistrate

Dear friends,

I want to file Private complaint of Cognizable offence, but the Learned Magistrate asked me that, without reporting the offence to the police direct complaint is not maintainable. I argued it is not the law. But he asked me to show that, it is not necessary to lodge report before filling complaint before magistrate. It is his view that, before filling complaint before magistrate, it is a pre condition to lodge report before police.

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6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 07 February 2012

Every thing is not stated in law, you have to take a workable view.

Now section two says even oral complaint can be made , will some court except it.

H. S. Thukral (Lawyer) 07 February 2012

Magistrate has power to order Police Investigation before taking cognizance and after taking cognizance. Refer section 156(3) and section 202 Cr.PC. In your case instead of asking you to go to Police he can forward your complaint to Police under section 156(3) CrPC

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 07 February 2012

This is only in law books not practically followed.

mrinmay (advocate) 07 February 2012

it is not mandetory to lodge a General Diary before the Police authority before filing a private complaint in a Court of Magistrate.

Pawan Kumar (Partner) 07 February 2012

Do one thing buddy- say that you reached to police station but they are not lodging a report and ask the court the exercise its jurisdiction u/s 156(3), as Mr. Harbhajan Singh has advised.

Pawan Kumar (Partner) 07 February 2012

Dear friends, one such problem also persisted to me when i was seeking interim bail of an accused. the Magistrate asked me to show any provision which provides for "interim bail".......you can't help with such guys.....but afterall have to tackle wid them wid ur skills...as these kind of Magistrates occupy their chair in courtroom not to dispense with jusitice but to trammel an ongoing course...