Law: Criminal Procedure Code (V of 1898)

Section: 200,202,204,439

Law: Penal Code (XLV of 1860)

Section: 302,109,148,149

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 202---Private complaint, filing of---Limitation---Delay in filing private complaint---No time period had been provided in the law for filing the complaint and it is common practice that the aggrieved person will first approach the police for redressal of his grievance through registration of the case, if remained dissatisfied, then will file application under S. 22-A(6), Cr.P.C., before Ex-Officio Justice of Peace and sometime could also invoke constitutional jurisdiction for registration of the case and usually complaint was filed as a last resort---Delay by itself in filing the complaint could not be taken as fatal to reject the evidence in support thereof, which might otherwise be entitled to credence---Delay in filing the complaint was examined in the light of peculiar facts and circumstances of each case. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 202, 204, 439---Penal Code (XLV of 1860), Ss. 302, 109, 148, 149---Private complaint---Issuance of process against accused---Summoning of accused by trial Court to face trial---Power of revision of High Court---Scope---Respondent filed private complaint against the petitioners with the allegation of committing murder of his father---Judicial Magistrate conducted inquiry under S. 202, Cr.P.C. and prepared a positive report, thus petitioners were summoned to face the trial---Validity---For issuance of process for the purpose of summoning the accused in the complaint, law only required availability of sufficient ground as provided under S. 204, Cr.P.C. and not the reasonable grounds---If the court was satisfied with the material placed…

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