CHAPTER XV - COMPLAINTS TO MAGISTRATES
200. Examination of complainant -
A
Magistrate taking cognizance of an offence on complaint shall examine upon oath
the
complainant
and the witnesses present, if any, and the substance of such examination shall
be
reduced
to writing and shall be signed by the complainant and the witnesses, and also
by the
Magistrate:
Provided
that, when the complaint 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 discharge of his
official duties or a
Court
has made the complaint; or
(b)
if the Magistrate makes over the case for inquiry or trial to another
Magistrate under
section
192:
Provided
further that if the Magistrate makes over the case to another Magistrate under
section
192 after examining the complainant and the witnesses, the latter
Magistrate
need not re-examine them
201. Procedure by Magistrate not competent to take cognizance of
the case -
If
the complaint is made to a Magistrate who is not competent to take 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
202. Postponement of issue of process
(1)
Any Magistrate, on receipt of a complaint of an 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,
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 other 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 Sessions; 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 under section 200
(2)
In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take
evidence of
witness
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 this Code on an officer
in charge of a
police
station except the power to arrest without warrant
203. Dismissal of complaint -
If,
after considering the statements on oath (if any) of the complainant and of the
wit nesses and
the
result of the inquiry or investigation (if any) under section 202, the
Magistrate is of 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
Comments
An
order of dismissal under section 203 of the Code is no bar to the entertainment
of a second
complaint
on the same facts but it will be entertained only in exceptional circumstances;
Mohinder Singh v State (Chandigarh Admn), (1997)
3 Crimes 142 (P&H).
