Law: Criminal Procedure Code (V of 1898)

Section: 200,201,202,204

Law: Anti Terrorism Act, 1997

Section: 19

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 201, 202, 203 204---Examination of complainant---Magistrate not competent to take cognizance of the case---Procedure---Postponement of issue of process---Dismissal of complaint---Issue of process---Scope---After receipt of complaint, if complaint is made in writing to a Magistrate, who is not competent to take cognizance of the same, he shall return the complaint for presentation to the proper court under S. 201 of Cr.P.C.---However, after receipt of complaint by the Magistrate, who is competent to take cognizance of the case, Magistrate, at the time of taking cognizance on a complaint, has to at once examine the complainant upon oath and reduce the substance of the examination to writing, which shall be signed by the complainant as well as Magistrate---Thereafter, Court can postpone the issuance of process for compelling the attendance of the person complained against and either inquire into the case itself or direct any inquiry or investigation to be made by the Justice of Peace or by a police officer or by such other person for the purpose of ascertaining the truth or falsehood of the complaint---Court may dismiss the complaint if after statement of the complainant recorded on oath and result of investigation or inquiry, if any, under S. 202, Cr.P.C., in of the Court there is no sufficient ground for proceeding---If Court considers that there is sufficient grounds for proceeding, then it shall issue process for attendance of the accused in the complaint. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 19---Criminal Procedure Code (V of 1898), S. 190---Procedure and powers of Anti-Terrorism Court---Cognizance of offences by M3,agistrate---Scope---Anti-Terrorism Court directly takes cognizance of the case triable by it without being sent to it under S. 190 of Cr.P.C. (c) Anti-Terrorism Act (XXVII of 1997)--- ----S. 19---Criminal Procedure Code (V of 1898), S. 200---Procedure and powers of Anti-Terrorism Court---Examination of complainant---Scope had filed a complaint before the Anti-Terrorism Court while clearly mentioning in the same that her two minor paternal grand-daughters were abducted on gun point…

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