Filing a Complaint before the Magistrate : Judicial Workouts Saga

(Complainant - person who files the Complaint in a Criminal Court. Sections to remember - 190, 200 - 203.)

So, how do you get a complaint filed on your own before the Magistrate?

Well, here is the gist. You can walk upto a Magistrate Court to file a Complaint. Yes. Indeed. You don't have to wait for the police. Now, this complaint is known as private complaint in legal language.

Now mind you, this Complaint does not have to be written, it can be oral as well as per Section 2(d) definition of a complaint. The accused need not be known. The Complainant need not be personally aggrieved by the offence committed. But, the allegation must be made with a view of requiring the Magistrate to take action under the Criminal Procedure Code.

Once you file a complaint, the first process before the judiciary is to take "Cognizance" of it under Section 190. The gist of the word "Cognizance" is that the Magistrate finds the allegation substantial, making a prima facie case, thus, commencing proceedings under the Criminal Procedure Code.

But, the Magistrate does not take Cognizance easily especially on a private complaint. First of all, under Section 200, the Magistrate shall examine the complainant and witnesses under oath and shall enter the substance of such examination into writing and get it signed by the complainant and witnesses. (Compare with Section 162, where statements to a police need not be signed)

Then, if he is competent to proceed with the complaint, He May direct a police investigation under Section 156(3) or a judicial inquiry (conducted by the judge himself) to ascertain the credibility of the complaint.

What if the Magistrate finds himself to be incompetent to take the complaint for failure of jurisdiction? A written complaint shall be endorsed and returned for proper presentation in the appropriate court and an oral complainant shall be directed accordingly. Section 201

After that, he have the option to dismiss a complaint under Section 203, if there are no sufficient grounds. But, the Magistrate have to briefly set out the reasons as per Kailash Chaudhari v. State of UP 1994 CrLJ 67 (all).

At the end, if he decides to take cognizance, the Magistrate shall decide to issue the summons or warrant to the accused person.