Proceeding
Advocate M J
(Querist) 24 June 2013
This query is : Resolved
Good Afternoon learned members
I am submitting a compliant under section 200crpc before the hon'ble court of my client after which the court will refer the matter to to the consider police station for investigation , After which the FIR and charge sheet will be submitted to the court .
1) Can i proceed with the proceeding o the case or the Public prosecutor will contest the case on behalf of the complainant or the accused ?
2) once case is investigated by the police after which the accused in the case of criminal charges under the magistrate court, will be issued body warrant or the notice will be sent for the accused to appear before the Hon'ble court?
3) once the charge sheet is filed by the police, the police will arrest the accused?
Thank U
Advocate M.Bhadra
(Expert) 24 June 2013
sec.200 Cr P.C. is a private Complaint and this is an issue process and summon of the Court.
Please read the following and note as per your query 1)you can not proceed till the report is in the court,there is no part of Public Prosecutor.2)after proceeding warrant can be issued when the accused would not appear.3)there is no question of charge-sheet,it is only Police Report which to be referred in the Court
Section 202 – Postponement of issue of process
Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit and shall in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made-
where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions; or
where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
In an inquiry under Sub-Section (1), the Magistrate may, if he thinks fit, take evidence of witness on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
If an investigation under Sub-Section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.
Raj Kumar Makkad
(Expert) 24 June 2013
If you are really an advocate then this query shows that you lack the primary knowledge of criminal procedure code. Instead of replying your query, I shall suggest you to please concentrate your mind towards the provisions of code and search replies thereto otherwise you shall again ask when a new case is assigned to you by either of your clients.
