Private complaint means


Sir,

What is meant by a private complaint?Where and how to file it?Is there any separate form to file it?Kindly advice me?

 
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na

private compliant will be filed in court under section 156 in case police people refuse to register the FIR..

 
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Advocate,9444674980

Private complaint means, complaint filed by the party before a magistrate referring IPC sections. It has to be filed under section 190 crpc and the court on taking cognizance of the complaint may order for investigation under 156 crpc.

 
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Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

Private Complaint means any allegation made  orally or in writing before a magistrate against one or more known or unknown person with a view  to take action for the commission of offence.

 

But it does not include police report.

 
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EXPERT/ADVOCATE

Adv.Raghavan has inadvertantly used a wrong technical word....order u/s. 156 (3) is at pre cognizance stage....if cognizance has been taken the only recourse possible to order inquiry is S.202 cr.pc.

 

ADV.SIDHARTH AURORA

advosidharthaurora@gmail.com

 
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Advocate,9444674980

I have not used the section wrongly or inadvertently , i think what i have stated is according to law and normal practice being followed. Kindly enclosed  two judgement in regard.

Re.: Aleque Padamsee and others v. Union of India and others, (2007) 6 SCC 171 where it was observed that the correct position in law is that the Police officials are to register a FIR whenever the facts brought to the notice show that cognizable offence has been made out. In case the Police officials fail to do so, the modalities to be adopted are set out in S. 190 CrPC read with S. 200 CrPC.

 

 

Therefore, if a person is aggrieved by the inaction of Police officials in not registering a FIR, the modalities contained in S. 190 CrPC read with S. 200 CrPC are to be adopted and followed.

 

 

Re.: Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 392 it was observed by the Hon'ble Supreme Court that if a person has a grievance that the Police Station is not registering his FIR under S. 154 CrPC, then he can approach the Superintendent of Police under S. 154(3) CrPC by an application in writing. Even if that does not lead to any satisfactory result in the sense that either the FIR is not registered or even after registering it no proper investigation is held, it is open to the aggrieved person to file such application under S. 156(3) CrPC before the learned Magistrate concerned. If such an application under S. 156(3) CrPCis filed before the Magistrate, the Magistrate can direct the FIR to be registered and can also direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made.

 
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I agree with adv siddharth ... investigation under section 156(3) can be ordered at pre cognizance stage and not after taking cognizance/post cognizance as claimed by adv raghavan.

Complaint is defined under section 2(d) of crpc. 

 
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Definition is rightly reproduced by adv saleema

 
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EXPERT/ADVOCATE

Adv. Raghavan you are not appreciating my contention. i am not rebutting the recourse to 156(3) when police does not register a case etc.

I am contending that once cognizance is taken a report u/s. 156(3) cannot be sought by the concerned magistrate....such a report is to be sought before taking cognizance not after...

 

Hope you will correct your observation and not argue further on the same point.

ADV.SIDHARTH AURORA

 
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