Sec : 200 -Examination of complainant-Filing of-Affidavit filed in suport of complaiont instead of sowrn statement-Not adimmisable -S.200 does not contemplate acceptance of affidvit in the form of sworn statement nor affidavit partakes the character of sworn statement.
2008 Cr.L.J. 1547 ( karnataka High Court)
Whether the complainant in support of his complaint under sec 200 of Cr.P.C. can file affidavit in the place of sworn statement ?
Sec 200: Examination of complainant:- A Magistrate taking congnizance of an offence on cpmplaint shall examine upon oath the complainant and the witnesses present, if any , and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate.
If affidavit is filed as sworn statement it vitiatates the proceedings.
