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Manjunath   22 September 2021

Independent witness

In case of a criminal complaint under section 420 - cheating.

Police refused to file fir.

Sp also refused to file fir.

So next step is complaint u/s 156(3) to magistrate.

In complaint, 2 witnesses are required.

Do lawyers help/assist in getting witnesses?



 4 Replies

Kevin Moses Paul   22 September 2021

As per your concern you may directly complaint to the Magistrate under section 200 of the Code of Criminal Procedure i.e. CrPC, 1973 along with the receipt of the registered via which you made a complaint to the SP (Superintendent of Police).

Section 200 of CrPC deals with "Examination of complainant". The section states that —
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate.

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192: Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re- examine them.

However, you may check or go through the genuineness of the matter such that all facts and issues have been laid out properly before approaching to the Magistrate u/s 200 CrPC. Once all the facts related to the issue have been laid down properly, you may proceed further with your complaint.

Hope It Helps!

Regards,
Kevin M. Paul

Dr. J C Vashista (Advocate and Legal Consultant)     23 September 2021

The complainant has to produce witnesses to prove his/her case.
1 Like

G.L.N. Prasad (Retired employee.)     23 September 2021

The police are well aware of the facts and they might have conducted some investigations and there must have been prima facie finding that the complaint is false and vitiated by personal enmity. So be careful in lodging such a criminal case, and proceed only if you have concrete evidence and you are aware of the situation. You are aware of the witness of the event. You have to summon them through the process of the court. It is the duty of your advocate to suggest such evidence and witness and build up a complaint without any defect.

P. Venu (Advocate)     23 September 2021

To my understanding, it is not a mandatory requirement that witnesses be examined.

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