Complaint Before The Magistrate According to Code Of Criminal Procedure 1898

 Complaint Before The Magistrate According to Code Of Criminal Procedure 1898 

Procedure: 

How the complaint would be made before the magistrates there are 4 sections of the Code Of Criminal Procedure 1898 which are sections 190,191,200 and 201 these 4 sections are the complaint before the magistrate.

Section 190: Cognizance of offences by magistrates:

In this section basically, the complaint or crimes of complaint have been defined

·         That which kind of complaint shall be done to the magistrate. ln this section 3 kinds of complaints have been defined

1.     The first form of complaint before the magistrate is the written application or complaint regarding any cognizable or non-cognizable offence that would be given to the magistrate.

·         The complaint would be given by the complainant.

·         In legal language complaint is called istaghasa and the complainant is called mustagish.

2.     The police would forward the complaint. When the police think that the information is not genuine so in a situation complaint would be forwarded.

3.     When the complaint on its own is initiated by the magistrate himself. In the knowledge of the magistrate, anything comes, or he is suspicious about happening an offence which is cognizable or non-cognizable so he can initiate it.

So these are the three situations of the complaint.

Section 191: Transfer in the application of accused

That magistrate who has listened to the complaint would not do a trial of that case if any offender did not accept his offence.

 After listening to the complaint the magistrate gives a decision that this person’s FIR shall be done so if

that magistrate would again listen to him and would give a decision in the trial that this person 

offender or not, it is against ethics.

·         These proceedings would be done by another magistrate than that l have listened to his complaint and, on my complaint, criminal proceedings have been starting against him so I cannot do his trial so then the court would send to the concerned magistrate

·         So in section 191, there is a bar on it

·         So  which court would do the trial in that court, this trial would go

·         So the offence can be trialled by the court so the magistrate would send it to that court to trial the offence.

Section 200: Examination of complainant

·         The procedure for recording the complaint

o   If any complaint is in written form, it shall be signed by the magistrate as well as the complainant

o   If the complaint is not in writing and it is verbally so it would be recorded in Infront of the magistrate and that complaint would be written and after that magistrate would countersign it.

o   If the complaint is from any government servant so it is not important that he come to the court and would record that complaint

o   The court can send a complaint to the magistrate and would say to him to start the criminal proceeding against that person.

·         The civil court has no criminal powers so if there would be any complaint so he would send it to the magistrate that starts proceeding against them so under section 192 this is the complaint by the court

o   Complaint by the public officer if the complainant is any court or government servant so his statement would not be recorded on oath this is the only difference in it that if there is any other complainant so first of all on oath his statement would be recorded in Infront of the magistrate.

Section 201: Procedure by a magistrate not competent to take cognizable of the case :

·         In whose jurisdiction the magistrate resides in that magistrate jurisdiction the person would do a complaint and if the person has done in another magistrate's jurisdiction complaint so his complaint would be returned to him and would tell him that he would do a complaint to that magistrate in whose jurisdiction he resides

o   Or the person would do a complaint in that magistrate jurisdiction in whose jurisdiction the accused resides

o   If the magistrate is satisfied with the complaint so against whom the complaint is done, he would summon him.

o   If the magistrate is not satisfied so he could not summon at once and then he would tell the complainant that he shall present his witness for his complaint then those witnesses shall be examined after that the magistrate would decide against whom the complaint is done he shall be summoned or not to present in court than he would listen to him and he would present his witness than it would think that any action would be taken against him or not or FIR would be done or not

o   And if he is not satisfied then he would dismiss the complaint. 

·         So this is the procedure complaint before the magistrate

 

Procedure: 

How the complaint would be made before the magistrates there are 4 sections which are sections 190,191,200 and 201 these 4 sections are the complaint before the magistrate.

Section 190: Cognizance of offences by magistrates:

In this section basically, the complaint or crimes of complaint have been defined

·         That which kind of complaint shall be done to the magistrate. ln this section 3 kinds of complaints have been defined

1.     The first form of complaint before the magistrate is the written application or complaint regarding any cognizable or non-cognizable offence that would be given to the magistrate.

·         The complaint would be given by the complainant

·         In legal language complaint is called istaghasa and the complainant is called mustagish

2.     The police would forward the complaint. When the police think that the information is not genuine so in a situation complaint would be forwarded.

3.     When the complaint on its own is initiated by the magistrate himself. In the knowledge of the magistrate, anything comes, or he is suspicious about happening an offence which is cognizable or non-cognizable so he can initiate it.

So these are the three situations of the complaint.

Section 191: Transfer in the application of accused

That magistrate who has listened to the complaint would not do a trial of that case if any offender did not accept his offence.

 After listening to the complaint the magistrate gives a decision that this person’s FIR shall be done so if that magistrate would again listens to him and would give a decision in the trial that is this person offender or not, it is against the ethics

·         These proceedings would be done by another magistrate than that l have listened to his complaint and, on my complaint, criminal proceedings have been starting against him so I cannot do his trial so then the court would send to the concerned magistrate

·         So in section 191, there is a bar on it

·         So  which court would do the trial in that court, this trial would go

·         So the offence can be trialled by the court so the magistrate would send it to that court to trial the offence.

Section 200: Examination of complainant

·         The procedure for recording the complaint

o   If any complaint is in written form, it shall be signed by the magistrate as well as the complainant

o   If the complaint is not in writing and it is verbally so it would be recorded in Infront of the magistrate and that complaint would be written and after that magistrate would countersign it.

o   If the complaint is from any government servant so it is not important that he come to the court and would record that complaint

o   The court can send a complaint to the magistrate and would say to him to start the criminal proceeding against that person.

·         The civil court has no criminal powers so if there would be any complaint so he would send it to the magistrate that starts proceeding against them so under section 192 this is the complaint by the court

o   Complaint by the public officer if the complainant is any court or government servant so his statement would not be recorded on oath this is the only difference in it that if there is any other complainant so first of all on oath his statement would be recorded in Infront of the magistrate.

Section 201: Procedure by a magistrate not competent to take cognizable of the case :

·         In whose jurisdiction the magistrate resides in that magistrate jurisdiction the person would do a complaint and if the person has done in another magistrate's jurisdiction complaint so his complaint would be returned to him and would tell him that he would do a complaint to that magistrate in whose jurisdiction he resides

o   Or the person would do a complaint in that magistrate jurisdiction in whose jurisdiction the accused resides

o   If the magistrate is satisfied with the complaint so against whom the complaint is done, he would summon him.

o   If the magistrate is not satisfied so he could not summon at once and then he would tell the complainant that he shall present his witness for his complaint then those witnesses shall be examined after that the magistrate would decide against whom the complaint is done he shall be summoned or not to present in court than he would listen to him and he would present his witness than it would think that any action would be taken against him or not or FIR would be done or not

o   And if he is not satisfied then he would dismiss the complaint. 

·         So this is the procedure complaint before the magistrate