complaint before magistrate u/s 200 cr p c
Querist :
Anonymous
(Querist) 11 September 2010
This query is : Resolved
bank officer made complaint before magistrate u/s 200 cr p c. there after magistrate forwarded the complaint u/s 202 cr p c and directed to register the case and investigate the case by sho/si of the concerned police station.the police registered the FIR by Sub Inspector of police.there after Inspector of police arrested the some accused persons with out arrest warrant and surrender the accused persons before magistrate.magistrate remanded the accused persons with out asking any thing.after 12 days accused persons are released on bail.the charge sheet was filed by the inspector of police showing the above arrested persons as accused and the remainin persons released from accused and converted as witnessess.
so, i want to clarify point vide answers sir,
1. agreement contains to clause" any disputes araising this contract exclusively hyderabad courts only"
2. the above witnessess are not under the jurisdection of the inspector of police.
3. inspector of police was not taken any permission for the higher officials to investgate the case apart from his limits.
4. bankers was not filed any complaint before the SHO before filing the case and not expressed that they have filed the complaint before SHO and the same was rejected by SHO or higher police officials.
5. am i right taht,202 cr p c comes under CHAPTER XV and follow the chapter xv BY THE POLICE AND THE MAGISTRATE ALSO.
6. BANKERS FILED THE CASE other than the hyderabad jurisdiction.
7. one accused was arrested 6 days back and submitted the person before the magistrate after 6th by showing the person was arrested on the 6th day morning.
so, i request your good selves do the needful and give me the judgements in the favour.
yours truly,
j.venkateswara rao
cell. 91-9440249958
jvrao_tinku@rediffmail.com
s.subramanian
(Expert) 11 September 2010
The clause regarding jurisdiction in the agreement cannot be stretched to the criminal case. It is only for civil matters.
The Inspector has powers to investigate witnesses even outside his jurisdiction. No permission is required from anyone. The Bank need not file any complaint before the police before invoking Sec.200 Cr.P.C. It is not a condition precedent. What has been done by the Magistrate is legally right. With regard to the delayed production,it is a case of illegal detention for which you can proceed against the concerned police officers for damages and other related releifs.
Querist :
Anonymous
(Querist) 11 September 2010
dear sir,
please clarify that, 202 cr p c. "Postponement of issue of process"
(1) Any Magistrate, on receipt of a complaint of an offence which he is authorised to take cognizance , may, if he thinks fit, 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:
according to the above section,police to investigate the case and submit the report to take for further steps by magistrate.
please give me the suggission that the complaint received by court, police arrested with out warrent is illegal or not.
Querist :
Anonymous
(Querist) 11 September 2010
Dear sir,
any marketing agreement comes under civil jurisdiction or criminal.
also accused persons comes under DSP jurisdiction. so, investigation by CI of police was legal or illegal.
please give me the suggestion.
PJANARDHANA REDDY
(Expert) 11 September 2010
ANY POLICE OFFICER OF CAUSE OF ACTION HAS THE TERRITORIAL JURISDICTION.
SHO/CI/ANY OFFICER NOT BELOW THE RANK OF S.I IS COMPETENT AS I.O.
PJANARDHANA REDDY
(Expert) 11 September 2010
according to the above section,police to investigate the case and submit the report to take for further steps by magistrate.
YES U R CORRECT
please give me the suggission that the complaint received by court, police arrested with out warrent is illegal or not.
IT DEPENDS UPON THE OFFENCE/FRAUD OF FINACIAL MATTER ETC.,
any marketing agreement comes under civil jurisdiction or criminal.
THE OFFENCE CHARGED IS IMPORTANT NOT THE CIVIL NATURE/CRIMINAL NATURE.
IF IT IS A CIVIL NATURE WHY A 200 CR.P.C AT ALL?
Devajyoti Barman
(Expert) 11 September 2010
The nature of the terms and conditions of the agreement and the breach as alleged will determine whether the offences are are criminal ot civil dispute.
The ouster clause does not bar the local court to initiate the criminal proceeding.
Querist :
Anonymous
(Querist) 12 September 2010
Dear Sir,
If arrested person Acquittal, who is responsible to take action.
Complainant , police officer, witnesses or magistrate.And also give me the sections in criminal law.
please give me the suggestion.
