lodging of FIR

Guest (Querist) 04 December 2010 This query is : Resolved
Can a cognizable offence be tried by a magistrate as a summons case without orders to concerned SHO for lodging an FIR?

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s.subramanian (Expert) 04 December 2010
yes. It is left to the discretion of the magistrate who has to decide on the basis of the materials placed before him.(Read Sec.200 to 204 of Cr.P.C.)

Advocate. Arunagiri (Expert) 04 December 2010
It is the discretion of the Magistrate, but in TN the HC had ruled that the complaints case to referred to the Police at first.

Ajay Bansal (Expert) 04 December 2010
WHY NOT.

Uma parameswaran (Expert) 04 December 2010
Yes

yogesh (Expert) 05 December 2010
magistrate can also GIVE DIRECTIONS TO FILE fir

Arun Kumar Bhagat (Expert) 05 December 2010
It is the discretion of the Complainant whether to file private case or to file Police case for investigation. If the Complainant files a private case then the magistrate can not exercise his discretion to refer it to police u/s 156(3)Cr.P.C but if the complainant makes an application u/s 156(3) the magistrate may treat it as private complaint and can take cognisance.

vijayan (Expert) 05 December 2010
Two questions are asked in same sentence and it became confused.
A cognizable offence (case)can be a summons case and it can be tried by a magistrate.

Magistrate can try a cognizable case with or without filing FIR.

Private complaint taken cognizance after inquiry u/s 202 CrPC is having no FIR.It can be a cognizable offense and simultaneously it can be a summons case.

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