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u/s 200 crpc procedure


 

Honorable Members,

When a written complaint is given u/s 200 CRPC, to the first class Magistrate, Without any Inquiry the magistrate can able to reject the complaint. if a magistrate is rejected such complaint what is next step to follow by petitioner. Kindly help in this issue   

 
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practicing advocate

In such cases you will have to file an appeal in the Dist., court.

 
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Litigation Incharge

Sir,

 

When a complaint is preferred under section 200 cr.p.c unless it is a private complaint preferred by a public servant the magistrate must examine the complainant and conduct the enquiry under section 202 of cr.p.c. and if these proceedures are not followed, then you will have to approach the sessions court for remedy.

 

regards

 

Thirumaran.

Advocate

 
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08010117611

In case of  Complaint filed u/s 200 of CrPC before a Magistrate, he is bound by law to examine the complainant as well as witnesses present.

The Magistrate has power u/s 203 CrPC to dismiss the complaint after considering the statements on oath (if any)

 

the simple answer of your question is no and next step is to approarch to Session Court by filling revision against the order of Magistrate u/s 397  CrPC

 
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Lawer/Advocate

In case of  Complaint filed u/s 200 of CrPC before a Magistrate, he can either send it under section 156(3) Cr.P.C. for reistration of case and investigation by police, otherwise he is bound by law to examine the complainant as well as his witnesses priliminary evidence for summoning the accused or to dismiss the complaint U/S 202 Cr.P.C. If the magistrate decline the releif U/S 156(3) or dismiss the complaint after preliminary evidence, in both these situations the order can be challangec by filing Revision before the Session court U/S 397 Cr.P.C.   

 
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If Magistrate finds that the complaint doesn't disclose any offence than he can dissmiss it without any inquary. Remedy against such order is revision u/s 397 Cr.P.C.

 
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u have to file an appeal against the order before the court of Session for for seeking the Revision of the order. 

 
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Eye Specialist

What      is    the    Time    Limit    for   disposal     of     a     Complaint    case    by    a    Magistrate   u/s 200 CrPC?

 
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No time limit is prescribed for deciding complaint by the magistrate, but for offences which are punishable with sentence upto 3 years time limit for taking cognigance of offence is prescribed in sec.468 Cr.P.C.

Vipin Sharma, Advocate

09610000043

 
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advocate

to file a revision petition there is a time limit of 90 days from the date of passing the order. you may file it after 90 days if you can show sufficient and reasonable cause fir such delay.

 
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