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

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

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

@ 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


 

@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.


 

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.

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

I solicit comments on my above two Replies from some more Experts and Members..    I'm, however, not an Expert and have never claimed to be so.     I'm a Member of lawyersclubindia.

I solicit once more the comments of Members and more Experts.

TGKREDDI sir, good evening. yes one can approach Magistrate directly with 200Crpc complaint. If the allegations are arised out of deposition under oath in another case or additional offenses unearthed during trail of another case then it would be good approach the magistrate directly.

                But for new crimes, it is always good to approach police first with complaint and if they dont take action then approaching court would be better and good ground.