Section 200 Cr.P.c

Querist : Anonymous (Querist) 14 May 2010 This query is : Resolved
Whether it is mandatory to lodge complaint before police prior to file complaint under section 200 Cr.P.C. Kindly suggest me.

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adv. rajeev ( rajoo ) (Expert) 14 May 2010
If offences are IPC it is necessary to file a complaint before the police, if police denied to take the complaint then you will have to file a private complaint u/s 200 before the magistrate.

Krishnamurthy Ramdas Iyer (Expert) 14 May 2010
agree with adv.rajeev's view

N.K.Assumi (Expert) 14 May 2010
The choice of complaint forum is yours.

Raj Kumar Makkad (Expert) 14 May 2010
If FIR has been lodged then section 200 Cr. P. C. has no say at all. This section comes in operation only if no police action has been taken.

Davinder Khurana Ferozpur(Punj (Expert) 16 May 2010
it is not mandatory to lodge complaint before police prior to file complaint under section. After reading the bare language of section 195 of CRPc it becomes clear that it is not mandatory.
Section 195 Says;
190.COGNIZANCE OF OFFENCES BY MAGISTRATE;
(1) Subject to the provisions of this chapter, any magistrate of the first class, and magistrate of second class specilly empowered in this behalf under sub section (2), may take cognizance of any offence-
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon.............................
SO it is not mandatory but usually it is recomended to inform police if any offence is committed.

Arvind Singh Chauhan (Expert) 16 May 2010
It depends on the will of complainant.FIR is not condition precedent as per the law, but usually court adopt this practice.

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