Arti Sinha 19 December 2017

Filing a private complaint report(PCR Case) without any pws

Dear Learned Members and Lawyers,

I want to file a PCR Case in the court of SDJM Jamtara,Civil court Jamtara,I have documentary evidences and I have issued legal notice also to the opposite party,My question is can i file such a case wiithout any witnesses or atleast only one PW,The local lawyers says that atleast two PWs are required to file a private complaint case .What the law says.

Thanking you in advance.

Reply Follow

6 Replies

Vijay Raj Mahajan (Advocate) 19 December 2017

Why two lawyers required for filling private complaint with the judicial magistrate in the district court? I don't think any such thing provided anywhere at least not in the Criminal Procedure Code.

Arti Sinha 19 December 2017

Extremely sorry to say that it has been mistakenly typed I mean to say atleast two prosecution witness will be required to file a case (PCR0.

Arti Sinha 19 December 2017

Vijay Raj Mahajan (Advocate) 22 December 2017

For filling private complaint you don't need witnesses, the pre-summoning stage will be assigned by the court when you bring all the evidence relied by you for summoning the named accused person. At that stage you bring your witnesses including you as PW1 and all the relied documents required for prosecution of the accused, you even summon the authorities from where any record has to be called for your criminal complaint. All the evidence will be considered by the court and order for the summoning of accused if there is a genuine criminality involved in your private complaint