WHETHER ONE CAN COMPLAINT TO THE MAGISTRATE BY HIMSELF OR HE HAS TO APPLY THROUGH A COUNSEL/ADVOCATE

Querist : Anonymous (Querist) 27 November 2010 This query is : Resolved
THIS IS FURTHER TO MY QUERY OF POLICE NOT REGISTERING FIR DESPITE REPEATED REQUESTS FOR OFFENSES OF CHEATING, CAUSING INTENTIONAL INSULT AND USING FILTHY LANGUAGE THROUGH EMAILS WHILE DOING BUSINESS COMMUNICATION.
SEVERAL LEGAL EXPERTS HAVE REPLIED TO MY QUERY. FEW ARE OF THE OPINION TO PROCEED AS PER 190CRPC AND OTHERS HAVE ADVISED TO PROCEED UNDER 482CRPC.
WHAT IS THE FUNDAMENTAL DIFFERENCE BETWEEN THESE TWO PROVISIONS OF CRPC?
CAN ANY INDIVIDUAL APPROACH COURTS THROUGH WRIT TO INITIATE SUCH CRIMINAL PROCEEDINGS AGAINST THE ACCUSED, OR HE HAS TO APPROACH COURT THROUGH A LAWYER ONLY?

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Kirti Kar Tripathi (Expert) 27 November 2010
There is no requirement of a person to file a complaint though a counsel, he can file himself but it is always better to engage a counsel, who is well acquainted with procedure and legal position

Devajyoti Barman (Expert) 27 November 2010
yes

ashish lal (Expert) 28 November 2010
agree

Arun Kumar Bhagat (Expert) 28 November 2010
At least get it drafted by experienced Advocate.

Advocate. Arunagiri (Expert) 29 November 2010
190 deals with the powers of the Magistrate and 482 deals with the powers of the High Court.
You can appear as party in person before any court of law. It is not mandatory that you have to appear only through an advocate. But, if you want the problems to be solved you have to engage a professional i.e. advocate.

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