What Is Complaint Register Case Under Law

Criminal Complaint under Section 200 CrPC read with Section 156(3) CrPC with Magistrate to order Investigation by Police.

Complaint to Magistrate under Section 200 CrPC read with Section 156(3) CrPC to Annals Complaint and order investigation past Police.

If the Police Officer or officeholder in charge refuses to register a first information report most commission of a cognizable offence within his territorial jurisdiction nether Department 154(3), the informant tin can approach any senior officer of police or the Superintendent of Constabulary or the Commissioner of the police force with a written complaint.

Complaint to Judicial Magistrate
If even after submitting a complaint to Senior Police force officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/south 156(iii) read with Department 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter. The Informant can file a Complaint under Section 200 CrPC.

Every bit Per Department 200 of Criminal Procedure Code (200. Test 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 exist reduced to writing and shall exist signed by the complainant and the witnesses, and likewise past 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 Courtroom has fabricated 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 some other Magistrate under department 192 later on examining the complainant and the witnesses, the latter Magistrate need non re- examine them.

As per Section 156(3) any Magistrate empowered under department 190 may order such an investigation.

Section 156 in The Code Of Criminal Procedure, 1973

156. Police officer' due south power to investigate cognizable case.

(1) Whatever officer in charge of a police station may, without the order of a Magistrate, investigate whatsoever cognizable instance which a Court having jurisdiction over the local surface area within the limits of such station would take power to inquire into or effort under the provisions of Chapter XIII.

(2) No proceeding of a constabulary officer in any such example shall at any phase be called in question on the ground that the case was one which such officer was not empowered under this department to investigate.

(3) Any Magistrate empowered nether department 190 may social club such an investigation every bit above- mentioned.

Sample format of Complaint to Chief Metropolitan Magistrate nether Section 200 CrPC for Police force Investigation is given below:

IN THE COURT OF THE Chief METROPOLITAN MAGISTRATE AT _________

COMPLAINT CASE NO. __________ OF 20__

(Affix Courtroom Fee stamp of Rs. ___)

IN THE Affair OF:

C___                                                        COMPLAINANT

Address _________________

VS

A___ ACCUSED

Address _________________

Police Station _________

COMPLAINT UNDER SECTION 200 READ WITH SECTION 156(iii) OF THE CODE OF CRIMINAL Procedure FOR REGISTRATION OF FIR Under SECTION 323 AND 506 OF INDIAN PENAL Lawmaking

THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY SHOWETH:

1. That the complainant is a law abiding citizen of India. The Complainant is a resident of Apartment No____ in the ___________ area.

2. The Accused named in a higher place is the neighbor of the Complainant. Both houses are situated near to each other.

3. That the Complainant and Defendant has separate parking spaces in front of their house. But the accused most of the fourth dimension park 1 of their vehicle in the Parking space of Complainant and other Vehicle in his Parking Space.

four. That on _____ at about ____ 6.00 PM the Complainant reached dwelling house from his office and plant that the defendant parked his car in forepart of the house of Complainant. The Complainant went to the House of the accused to make him humble asking to park his motorcar in another place equally regularly he is causing in convenience to the Complainant. The Accused came out of his business firm with a stick and challenged the Complainant. The Complainant tried to pacify him, but he abused the Complainant. The Complainant objected to the abuses being burled past the accused. The accused then gave complaint iii blows on complainant'due south leg by using the stick in his mitt. As a result, the Complainant received abrasions. The accused and then criminally intimidated the Complainant with dire consequences in example complainant ever again visited him with such complaint or reported the affair to the Constabulary.

5. That the occurrence was witnessed by Mr. _____________ and Mr. ____________, neighbors in the locality.

6. That the Complainant went to the Police force station at _______________ to written report the matter, but written report was not registered. Complainant went to the Regime hospital and got dressed his injuries. Re-create of Complaint given to the Constabulary Station at _____ on _____ is fastened herewith equally Annexure A.

seven. That the Complaint had Complaint to the Senior Superintendent of Law by sending his Complaint by Registered Postal service. Fifty-fifty then, no action has so far been taken against the defendant. Re-create of Complaint sent to the Senior Superintendent of Police at ______ on ______ is attached herewith as Annexure B.

8. That the Accused has criminal record and he is of quarreling nature. FIR No_____ dated _________ and FIR No __________ dated has been filed by Mr. __________ another neighbor of the accused in earlier occasions. Copy of FIR No _________ and FIR No______________ dated ________ filed by Mr. ___________ is fastened herewith as Annexure C.

ix. Nether this Circumstances, the Complainant Prays for legal activity against the Accused.

P R A Y Eastward R

In view of the aforesaid submission made here in and in the interest of the justice, information technology is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:

1) Annals the present complaint.

2) Accept cognizance of the offence, as the contents per-se corporeality to commission of offences, as indicated above, without annihilation more than.

3) Summon endeavor and punish the accused person for committing the offences under section 323 and 506 of the IPC.

four) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT Every bit IN DUTY BOUND, SHALL Ever PRAY.

COMPLAINANT

THROUGH

______ADVOCATE

Place :

Date :

Annexures to be attached with the Complaint

i. List of witness to be examined with name and address

2. Photograph of Complainant with Injuries

3. Medical Certificate issued past the CMO of Government Infirmary

4. Copy of FIR No _________ and FIR No______________ dated ________ filed by Mr. ___________.

5. Copy of Complaint given to the Police Station at _____ on _____

6. Copy of Complaint sent to the Senior Superintendent of Police force at ______ on ______

7. Any other relevant certificate related to the incident.

Source: https://www.aaptaxlaw.com/Legal-Formats/criminal-complaint-format-200-crpc-to-court-to-register-fir-section-156-3-crpc-dowload-format.html

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