cpc

complaint u/s 200 cr.p.c. before magistrate


Hello Experts,

Whether it is neccessary for  the complainant to file police complaint before filing complaint case u/s 200 Cr.P.C. before the Magistrate ?

Here the Complainant is not looking for Police FIR thus does not want magistrate to invoke the provisions of 156(3) Cr.P.C.

Magistrate is of the view that before filing any complaint case its mandatory to file police complainant so that its his discretion to whether to invoke provisions of 156(3) Cr.P.C or 200 Cr.P.C and it is not upto complainant whether he choose to go for FIR or Complainant case u/s 200 Cr.P.C.

Please guide with some case laws where power of Magistrate u/s 200 is independent power to proceed without police complainant and there is no need to file police complainant before proceeding with complainant under provisions of 200-204 Cr.P.C.

 

 

 
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Lawyer

What is your concern / locus standi to this academic question ??

 
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Lawyer

Seek guidance of your tutor, this platform is not for imparting coaching to students but to help and oblige needy litigants.

 
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@ Dr J C Vashista, my concern is that in complaint case u/s 200 magistrate is of opinion that police complaint is must before he entertains the private complaint u/s 200 CrPC.

I feel this is not the law, however he insists on filing  the police complaint before entertaining private complainant and proceeding under chapter 15 of CrPC


 

 
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@OM PRAKASH, thanks for your closing comments. I understand the law very well, but there are no case laws saying police complaint not mandatory before approaching M.M. u/s 200 CrPC.

I dont wish to invoke 156(3) CrPC and file FIR.


 

 
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PLEASE CONTACT A. A. ZAIDI ADVOCATE FOR LEGAL HELP. CONTACT NO. 9719775005.
 
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You can file a Complaint under Section 200 of the Criminal Procedure Code without approaching the police.

If the Magistrate feels that there's no ground to issue process, he'll refer the matter to the police.     But you'll continue as a Complainant.

If the police report is against you, you can file a Protest Petition ( known also as Narazi ) which has to be entertained and investigation will now be conducted by the Magistrate.      Magistrate can visit the site but this's very rare.

 
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You don't need any case law because Section 200 doesn't insist on prior approach to the police.

 
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