Law: Criminal Procedure Code (V of 1898)

Section: 200,203,436,156(3)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 203 & 436---Direct complaint---Dismissal of direct complaint---Accused, in case of such complaint, at preliminary: stage of inquiry had no locus standi to participate in the proceedings---If proceedings had been terminated by way of dismissal of direct complaint, presence of accused was not necessary---Accused was not necessary party to be joined as respondent in case where process had not been issued to accused pursuant to direct complaint---Additional, Sessions Judge dismissed direct complaint without assigning any reason simply stating that complaint .vas an outcome of matrimonial dispute and also dispute over landed property and that allegations in the complaint had been introduced by complainant simply to aggravate the situation and did not appear true---Additional Sessions Judge had not given any reason for said finding---Non-speaking order of Additional Sessions Judge, thus, could not sustain. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 156(3) & 200---Direct complaint---Magistrate after examining the complainant in. private complaint under S.200., Cr.P.C., must proceed in accordance with provisions of Chap. XVI, Cr.P.C. or after receiving private complaint if same disclosed some cognizable offence, could send it to Police for investigation under S.156(3), Cr.P.C.---After witness had been examined by the Magistrate, he could not refer the matter to Police under S.156(3), Cr.P.C. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 190, 200, 203 & 2,04--m-Private complaint---Cognizance of offence by Magistrate---Intention of Legislature under Ss.190 & 200, Cr.P.C. was that while providing remedy to file private complaint also to save public against frivolous or vexatious complaints filed against them .in Criminal Courts---Courts must not lightly accept written complaints until it was satisfied that prima facie case was made out against the accused---Order passed for not taking cognizance under S.203; Cr..P.C. and/or taking cognizance under S.204, Cr.P:C. on 'the private complaint, should not only be a speaking order, but should also demonstrate that before, passing the order…

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