ALIGARH MUSLIM UNIVERSITY

II-GENERAL CLASS TEST (UNIT –IV)

ASSIGNMENT OF

CRIMNAL PROCEDURE CODE

on

FILING OF COMPLAINTS

SUBMITTED BY : SHAH FAISAL

ROLL NO : 16 BALLB 106
SUBMITTED TO : DR. KHAIRUWALA SIR

FACULTY OF LAW
 SYNOPSIS

1) INTRODUCTION .

2) EXAMINATION OF COMPLAINT.

3) PROCEDURE WHEN COMPLAINT IS FILED.

4) POSTPONMENT OF ISSUE OF PROCESS.

5) DISMISAL OF COMPLAINT.
GENERAL PRACTICE IN THE COURTS-

When the complaint in writing is filed in the Court, the magistrate after perusal of the complaint,
registers it, and after registering it, the statement of complainant u/s. 200 Cr.P.C. 1973 is
recorded on the same day and the case is fixed for recording evidence of the witnesses under
section 202 of the Code of Criminal Procedure, 1973 for any other day. After recording evidence
u/s 202 Cr.P.C of the witness or witnesses, as the case may be, the case is fixed for arguments on
summoning. Having heard the arguments on summoning, the case is fixed for order on
summoning. If the Magistrate finds or satisfies that prima facie offence is made out against the
accused and all essential ingredients of alleged offence are available in complaint as per evidence
u/ss. 200 and 202 of the Code of Criminal Procedure, 1973, the Magistrate issues process u/s 204
of the Cr.P.C. 1973 against the accused. On the other hand, if the Magistrate satisfied after
perusal of evidence u/ss. 200 and 202 Cr.P.C, 1973 that no prima facie offence is made out and
there is no sufficient ground for proceeding, he dismisses the complaint u/s 203 Cr.P.C. 1973.

But, as per provisions of chapter XV of the Code of Criminal Procedure,1973, the

procedure of the complaint is quite different from the above general practice in the Courts. Now,
we take up the provisions of chapter XV of the Cr.P.C. 1973(hereinafter referred to as Code).At
first, it will be appropriate to discuss the statutory provisions of the Code
S. 200- Examination of complainant -
A magistrate taking cognizance of an offence on complaint shall, examine upon oath the
complainant and witnesses present, if any and the substance of such examination shall be
reduced into writing and shall be signed by the complainant and witnesses and also by the
magistrate.

Provided that, when the complainant 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 discharged of his official duties of court
has made the complaint, or

(b) If the Magistrate makes over the case for enquiry or trial to another Magistrate under section
192 after examining the complainant and the witnesses, the Magistrate need not re examine
them.

The procedure to be adopted when complaint is filed is as follows-

U/s. 200 of the Code, it is incumbent on the Magistrate taking cognizance on a complaint to
examine upon oath the complainant and his witnesses present if any, at sufficient length to
satisfy himself. The object is to test whether allegations make out a prima facie case to assure the
Magistrate to issue process u/s. 204 Cr.P.C, 1973. If the witnesses are present on the date of
filing complaint, their statement should also be recorded u/s. 200 Cr.P.C, 1973.

After recording statements and evidence of complainant and witnesses respectively u/s 200
Cr.P.C, 1973, the Magistrate has three options -

1. He may issue process u/s 204 Cr.P.C, 1973, if prima facie offence is made out, if the proposed
accused is residing within the area to which the local jurisdiction of the Magistrate extends.

2. He may dismiss the complaint u/s. 203 of Cr.P.C., 1973, if no prima facie offence is made out
and there is no sufficient ground for proceedings, or

3. He may postpone issue of process pending further inquiry by himself, or investigation by

police or any other person as he deems fit u/s 202 Cr.P.C, 1973.

Hence, section 200 of the Cr.P.C., 1973 requires not only the complainant, but also his witnesses
present if any, should be examined. This section casts an imperative duty on the Magistrate to
examine the witnesses as well.
S. 201- Procedure by Magistrate not competent to take the cognizance of the case- if the
complaint is made to a magistrate who is not competent to the cognizance of the offence, he
shall-

(a) If the complaint is in writing, return it for presentation to the proper court with an
endorsement to that effect;

(b) If the complaint is not in writing, direct the complainant to the proper Court.

This section does not require any comment.

S. 202- Postponement of issue of processes-

1. Any magistrate on the receipt of the complaint of a offence of which he is authorised to take
cognizance or which has been made over to him under section 192, may if he thinks fit and shall,
in a case where the accused is residing at a place beyond the area in which he exercises his
jurisdiction postpone the issue of process against the accused and either inquire into the case
himself or direct an investigation to be made by a police officer or by such person as he thinks
fit, for the purpose of deciding whether or not there is sufficient ground for proceeding.

Provided that no such direction for investigation shall be made-

(a) Where it appears to the magistrate that the offence complained of is triable exclusively by the
court of Session, or

(b) Where the complaint has not been made by a court, unless the complainant and the witnesses
present (if any) have been examined on oath u/s. 200.

2. In an enquiry under sub-section (1), the magistrate may, if he thinks fit take evidence of
witnesses on oath.

Provided that if it appears to the magistrate that the offence complained of is triable exclusively
by the court of session, he shall call upon the complainant to produce all his witnesses and
examine them on oath.

3. If an investigation under sub-section (1) is made by a person not being a police officer, he
shall have for that investigation all the powers conferred by

the Code on an officer in charge of a police station except the power to arrest without warrant.
S. 203- Dismissal of complaint-
If after considering the statements on oath (if any) of the complainant and of the witnesses and
the result of the inquiry or investigation (if any) u/s. 202, the magistrate is opinion that there is
no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he
shall briefly record his reasons for so doing.

(1) Whether the accused can be summoned on the sole basis of statements and
evidence u/s. 200 Cr.P.C., 1973?
As per, language of 200 Cr.P.C. 1973, it is clear that the statement of complaint u/s 200 Cr.P.C.
and the evidence of witnesses present, if any, should be recorded on the date of institution of
complaint. The process can be issued directly against the accused person on the sole basis of
statements and evidence recorded under section 200 Cr. P.C.1973, if prima facie offence is made
out as per statements/evidence available under section 200 of the Code except the cases where
the proposed accused person resides out of the local limits of the jurisdiction of the Magistrate as
per new amendment in section 202 of the Code in the year 2005. If the proposed accused person
resides out of the local limits of the Court, it is mandatory for the Magistrate or the Court, as the
case may be, to make an inquiry as required under section 202 of the Code. Hence, it will not be
out of place to mention section 202 of the Code (as amended in the year 2005). Amended section
202 of the Code states as under-

S. 202- Postponement of issue of processes-

1. Any magistrate on the receipt of the complaint of a offence of which he is authorised to take
cognizance or which has been made over to him under section 192, may if he thinks fit and shall,
in a case where the accused is residing at a place beyond the area in which he exercises his
jurisdiction postpone the issue of process against the accused and either inquire into the case
himself or direct an investigation to be made by a police officer or by such person as he thinks
fit, for the purpose of deciding whether or not there is sufficient ground for proceeding.

The Hon‘ble Supreme Court has held in case law A R Antulay v. Ram Dass Sri Nivas Nayak,
(1984) 2 SCC 500, that Magistrate‘s power to take cognizance without holding inquiry or
directing investigation is implicit in section 200 Cr.P.C., 1973. Hon‘ble Karnataka High Court
has expressed its view in case law V.N.Talwar vs. Lakasha Maiya, 1989Cr.L.J. (NOC) 96 that
process can be issued against the accused on the statement of the complainant without the
evidence under section 202 of the Code. Hence, as per above discussed facts and case laws cited
above, process can be issued against the accused persons on the sole basis of statement and
evidence recordedunder section 200 of the Code.
 But, as per new amendment under section 202 of the Code, (Amendment
ActNo.25 0f 2005), it is mandatory for the Magistrate or the Court, as the case may be, to hold
the inquiry by himself or itself for the purpose of deciding whether or not,there is sufficient
ground for proceeding in case the accused is residing at place beyond the area in which he or it
exercises his or its jurisdiction.

The Hon‘ble AllahabadHigh Court (His Lordship Hon’ble Mr. Justice Sudhir Kumar Saxena )
has held in case law Salma Syed Abdul Qadir and another vs. State of UP and another ,2012(76)
ACC 97 (Allahabad – Lucknow Bench ) that Indian Penal Code, 1860- Section 379- proceedings
under- Challenged-Magistrate has not considered the impact of amended section 202, Cr.P.C.
which makes it incumbent upon him to make inquiry-if the proposed accused persons are not
residing within the jurisdiction vested with him-Magistrate has failed to apply his mind- entire
prosecution case appears to be improbable- order suffers from vice of non application of mind-
summoning order is blatant abuse of the processes of Court- complaint and proceedings are
liable to be quashed- petition allowed- proceeding and summoning order are quashed.

(2)-Whether the statement of complainant u/s. 200 Cr.P.C., 1973 should be

recorded on the same day?
The important Circular Letters of the Hon‘ble Allahabad High Court in this regard are as under-

C.L. No.6/Admin. (B)Dated 1, May, 1971 provides as under- In every case the statement of the
complainant u/s.200 Cr.P.C.1973 be recorded on the same day, on which the complaint is made.
Where for some good reasons the statement cannot be recorded on the same day, it should be
recorded on the following day. It should be ensured that the complainants do not have to come to
the Court for this purpose and minimum inconvenience be caused to them.

The recording of statements of witnesses u/s.202 Cr.P.C. should not become a matter of
routine. If the case is one in which notice shall be issued to the accused, no detailed enquiry
u/s.202 Cr.P.C. need to be conducted and soon after recording the statement of the complainant,
notice can be issued to the accused. Where an inquiry u/s.202 Cr. P.C. is considered necessary,
the Magistrates should take personal interest while recording the statements of witnesses. They
can, on their own, put a few questions and find out the status of the witnesses and also whether
they had an opportunity to see the occurrence. By so doing, large number of complaints can be
dismissed u/s.203 Cr.P.C.

Further, the complaint cases should be kept pending without date only after the accused
persons have been served so that such cases can be taken at short notice.

.
Whether the Court has to assign reasons in summoning order passed under section
204 of the Code or dismissal order passed under section 203 of the Code?
It will be appropriate to mention s. 203 of the Code prior to proceed further-

Section 203 of the Code provides as under-

If after considering the statements on oath (if any) of the complainant and of the witnesses and
the result of the inquiry or investigation (if any) u/s 202, the magistrate is of the opinion that
there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such
case he shall briefly record his reasons for so doing.

As per the provisions of s.203 of the Code if the Magistrate dismisses the complaint
under this section, it is mandatory for the Magistrate to record his reasons for such dismissal of
complaint u/s. 203 of the Code. The underlined part of the above mentioned section indicates this
thing.