Witness Category in Cr.P.C
Kumar Krishan Agarwal Advocate
(Querist) 22 September 2010
This query is : Resolved
Dear Ld Friend,
1. When a complaint case was filed before Judicial Magistrate then can we use our other family members or relatives against the accuseds in the list of "prosecution witness" ?
2. Hom many minimum no of prosecution witness need to file complaint case under Cr.P.C ?
3. In complaint case it is necessary to demand from court for registration of an FIR or we can exclude it(that) and proceed with the complaint case matter ?
4. If the police station is biased then can we demand from court, for the direct magisterial enquiry investigation by city magistrate for the alleged offences in complaint case?
** Sir each para contain different question so please to reply about every question in para. **
Thanking you.
Arvind Singh Chauhan
(Expert) 23 September 2010
1- Why not?
2-No particular Number required. Quality is to be seen not quantity.
3- Demand of registration of FIR is totally different thing than complaint.
4-Sec 202 clearly provides that "court can direct an investigation to be made by a police officer or by such other person as he thinks fit for the purpose...."
Ajay Bansal
(Expert) 23 September 2010
1.YES.
2.ONE COMPAINANT IS SUFFICENT.HOWEVER MORE THEN ONE UPTO ANY NUMBER CAN BECOME COMPLAINANTS.
3.YOU CAN DEMAND FOR REISTRATION OF F.I.R U/S 156[3] OF Cr.P.C.
4.COURT CAN DIRECTLY INVESTIGATE THE MATTER U/S 202 Cr.P.C.
PARTHA P BORBORA
(Expert) 23 September 2010
1.
ANYBODY WHO WITNESSED THE CRIME CAN BE LISTED AS WITNESS; IT MAY BE A RELATIVE OR A FAMILY MEMBER.
2. MINIMUM 1 WITNESS IS NECESSERY (INCLUDING THE COMLAINENT)
3.IF THE FIR IS REGISTERD NO COMPLAIN CASE IN THE SAME MATTER BERORE A MAGISTRATE IS NECESSERY AND IF A CASE ID FILED BEFORE THE magistrate REGISTRATION OF fir IS NOT NECESSARY. PL GO FOR ANY ONE.
3. QUESTI OF P[OLICE IONVESTIGATION ONLY ARISES IF THE CASE IS FILED IN A POLIUCE STATION AND REGISTERD AS A p/s CASE OR IF A MAGIRTRATE DIRECT THE POLICE TO INVESTIGATE IN CASE OF A CRIMINAL CASE FILED BEFORE HIM. SO IF POLICE NOT REGISTERD A CASE U MAY FILE A CASE BEFORE A MAGISTRATE. BUT THE COURT HAS NO POWER TO INTERFARE THE INVESTIGATION.
AND IN A CASE FILED AS COMPLAIN CASE COURT WILL EXAMIN THE WITNESSES HIMSELF IN A OPEN COURT.
Devajyoti Barman
(Expert) 23 September 2010
1. Yes
2. No limitation.
3.No. The complaint itself is the FIR and the court on its basis would try the offence.
3.This is different method and not applicable to compliant case.
