Proceeding
Advocate M J
(Querist) 30 June 2013
This query is : Resolved
good afternoon respected members
U/S sec 202 of crpc (3) which states to help the magistrate to judge if thr is sufficient grounds calling for investigation for proceeding.
the object of the provision of sec202 (3) is to enable the magistrate to form an opinion as to whether process should be issued or not. at that stage the magistrate has to see whether thr is evidences in support of allegation made in the compliant
Now can i file a memo/petition before the honble magistrate court to reference the compliant to particular police station under the above mentioned sec,
thank u
ajay sethi
(Expert) 30 June 2013
in your complaint lodged with the magistrate you must have relied upon certian docuemntary evidence and made out a case for investigation . in reliefs claimed before magistrate you must have sought direction that police be directed to investigate and submit the report . it would obviously be the local police station who would carry out the investigation .
Rajendra K Goyal
(Expert) 30 June 2013
Agree with the expert ajay sethi ji, nothing more to add.
Raj Kumar Makkad
(Expert) 30 June 2013
Complaint under section 202 is sent to police for investigation and report because the magistrate might not have accepted the application moved under section 156 (3) of criminal procedure code. The denial of that application ipso facto establishes that there is now no scope left to send the complaint for lodging of FIR.
