Complaint To Magistrate

COMPLAINT TO MAGISTRATE (SECTION 200-203)
The Complaint is defined in Section 2(d) of CRPC 1973. As per this section, it
states that any allegation made verbally or in writing to a Magistrate, to take
action under this Criminal Procedure Code, that some person, whether known or
unknown, has committed an offence, but it does not include a police report or
statement.
ESSENTIALS OF A VALID COMPLAINT
The following are the essentials of a valid complaint;
 A complaint requires an allegation of commission of an offence by

offender.
 The complaint can be orally or in writing.
 The complaint must be made to a Magistrate.
The complaint should be made to take action by the Magistrate.

Section 200 – 203 deals with the complaint to the magistrate in Criminal
Procedure Code 1973.
EXAMINATION OF COMPLAINANT (SECTION 200)
A complaint is made to the Magistrate in a view with taking cognizance of the

offence, where it the Magistrate takes cognizance of the offence on a complaint,
the first step is to examine the complainant and the witnesses present and the
matter of such shall reduce to the writing of the examination and signing it by
the complainant and the witnesses and the Magistrate.
In the case Gurudas Balkrishna v. Chief Judicial Magistrate Goa, a

complaint was filed by the applicant on 31st July 1992 here the Magistrate has
not even recorded his statement for the verification of the complainant for
several months. It was held that the Magistrate to record the evidence for the
complainant and the witnesses, if any, within a week from the date of its order,
and the magistrate is not permitted to delay the verification for months.
PROCEDURE BY MAGISTRATE NOT COMPETENT TO TAKE

COGNIZANCE OF OFFENCE (SECTION 201)
If the complaint in writing has been made to Magistrate not competent to take
the cognizance of the offence, he shall;
 The Magistrate can return the complaint about the presentation to the
proper Court with approval to that conclusion.
 If the complaint is not in writing then the Magistrate shall direct the
complainant to the proper Court.
If an offence has occurred in the presence of the Magistrate, here the Magistrate
has the power to take the Cognizance of offence directly by filing a complaint
or he can appoint his subordinate to file a complaint against accused and it is
clearly explained in Section 153(3) of CrPc.
In the case of Rajendra Singh v. State Of Bihar, the court acquitted the
accused under the ground that the court has no jurisdiction to take action over
the complaint. Hence it was held that the order of acquittal was illegal as the
court can return the complaint about the presentation to the proper court instead
of acquitting the accused.
POSTPONEMENT OF ISSUE OF PROCESS (SECTION 202)
According to Section 202, ‘‘The Magistrate authorised to take cognizance or

made over to him under Section 192 may postpone the issue against the
accused, and either inquire himself or by police officers or other persons as he
thinks fit, for the purpose of deciding whether or not there is sufficient ground
for proceeding”
In D Lakshminarayan v. Narayana, the Supreme Court observed that the sub-
section (1) of Section202 CrPc 1973, a Magistrate who receives a complaint
disclosing offence exclusively trailable in Sessions Court is not debarred from
sending it to the police for investigation.
ISSUE - Whether a Magistrate can issue process on the basis of Material Facts
and Direct Investigation By Police?
The Magistrate can issue process without a police report under the material facts
as per the Section 202 CrPc. The issue of process can be in summons or order
and it is the power of the Magistrate to provide it by checking into the facts
provided. With the 2006 amendment in Sec 202 CrPc, it is a duty of Magistrate
to hold the inquiry or the investigation as the accused may be residing not
beyond the area where is exercises his jurisdiction.
In case of Irshad Khan v/s State of U.P, the court held that “Section 202 (1),
however, enables a Magistrate to postpone the issue of process and to inquire
into the case himself, or direct an investigation to be made by a police officer or
other person for the purpose of deciding whether or not there is sufficient
ground for proceeding. But scope of inquiry under Section 202 of the Code is
for limited purpose of deciding whether or not there is a sufficient ground for
proceeding against the accused
OBJECT:
The following are the objects of section 202 The Code of Criminal Procedure:
 To determine the facts of the offence.

 To prevent wastage of time of the Court.
 To help the Magistrate to see whether there are sufficient ground and
proceeding of the case.
DISMISSAL OF COMPLAINT (SECTION 203)
The Magistrate after considering the statements on the oath of the complainant
and the witnesses and the result of the investigation or inquiry under S.202,
there in his judgement no sufficient grounds for proceedings then he shall
dismiss the complaint, and record his reasons for dismissing the complaint.

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COMPLAINT TO MAGISTRATE (SECTION 200-203)

ESSENTIALS OF A VALID COMPLAINT

The following are the essentials of a valid complaint;

 A complaint requires an allegation of commission of an offence by

The complaint should be made to take action by the Magistrate.

EXAMINATION OF COMPLAINANT (SECTION 200)

A complaint is made to the Magistrate in a view with taking cognizance of the

In the case Gurudas Balkrishna v. Chief Judicial Magistrate Goa, a

PROCEDURE BY MAGISTRATE NOT COMPETENT TO TAKE

POSTPONEMENT OF ISSUE OF PROCESS (SECTION 202)

According to Section 202, ‘‘The Magistrate authorised to take cognizance or

 To determine the facts of the offence.

DISMISSAL OF COMPLAINT (SECTION 203)

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