What is complaint case in Hindi? | By Ishan

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What is complaint case in Hindi? | By Ishan

What is criminal complaint?: Section 2 (d) of the Code of Criminal Procedure (in short Cr PC) defines the term ‘complaint’ as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Explanation: - A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant.

Every day experience of the Courts shows that many complaints are ill founded, and it is necessary therefore that they should at the very start be carefully considered and those which are not on their face convincing should be subjected to further scrutiny so that only in substantial cases should the Court summon the accused person. An order summoning a person to appear in a court of law to answer a criminal charge entails serious consequences.

Therefore, Sections 200 to 203, Cr PC have been enacted for weeding out false, frivolous and vexatious complaints aimed at harassing the accused person. However, these sections are exclusively applicable in cases where the cognizance is taken on a complaint under Section 190 (1)(a), Cr PC. Such special procedure is not needed in cases where cognizance has been taken on a police report under Section 190 (1) (b) of Cr PC.

On receipt of a complaint a Magistrate has several courses open to him. He may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Section 200, Cr PC. Thereafter if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203, Cr PC.

If in his opinion there is sufficient ground for proceeding he may issue process under Section 204, Cr PC. However, if he thinks fit, he may postpone the issue of process and either inquire into the case himself or direct an investigation to be made by a police officer or such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding(Section 202, Cr PC). He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding.

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