Complaint by public servant

Querist : Anonymous (Querist) 19 December 2010 This query is : Resolved
Complaint has been filed by a public servant. Is it necessary to examine him u/s 200 CrPC ?

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Devajyoti Barman (Expert) 19 December 2010
You seem to be a person having Law background. Please go through the relevant portion of the crpc for getting this answer.This place is for suh people who have urgency in ther queries.

SAANJAAY GUPTAA (Expert) 19 December 2010
yes, well advise Mr.Barman

s.subramanian (Expert) 19 December 2010
No. He he need not be examined. There is a specific exception provided in this regard by Sec.200 Cr.P.C> itself.

Parveen Kr. Aggarwal (Expert) 19 December 2010
Section 200 of the Code of Criminal Procedure, 1973:

"200.Examination of complainant:- A Magistrate taking cognizance of an offence on complaint 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:

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complainant; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:

Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them."

Advocate. Arunagiri (Expert) 19 December 2010
No. He he need not be examined before taking congnizance. But, he should be examined in the trial.

Arun Kumar Bhagat (Expert) 26 December 2010
No need of examination.

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