What is a complaint?

Explain the procedure to be followed

on receiving a complaint?

Introduction:

1. The term “complaint” refers to any assertion made before a magistrate,

either orally or in writing,
according to the code of criminal procedure.

2. You can directly file a complaint with a magistrate (without involving the police) to
start legal action against someone (named or unnamed) for breaking the law.

Section 200 of CrPC:

Examination of the complainant and other witnesses in a criminal case

You filed a complaint directly with the judge (not the police), so:

Judge asks you questions: The judge wants to understand what happened and why
you're making the complaint.

Witnesses can join: If anyone saw what happened, the judge can hear their side of the
story too.

Goal: Enough evidence? The judge is checking if your story and any witness accounts
show there's a real case to pursue.

Section 201 of CrPC

Procedure that a Magistrate needs to follow when a complaint is made directly to

them

Not Enough Evidence: If the judge decides there's not enough proof to act yet, Section
201 kicks in.

Delay and Investigation: Instead of summoning/arresting the accused right away, the
judge can hold off and:

A. Postpone action: Put the case on hold while further investigation

happens.

B. Direct police investigation: Ask the police to do more digging and gather
more evidence.
Goal: This section gives the judge flexibility to investigate before taking serious action
against the accused.

Section 202 of CrPC

Empowers the Magistrate to postpone the issuance of process (summons or

warrant) against the accused when a complaint is made directly to him.

Accused not summoned/arrested yet: You filed a complaint, but the judge can hold off
on calling or arresting the accused.

Further investigation needed: Before taking action, the judge can order a "preliminary
inquiry" to see if there's enough proof to go further.

Two options for inquiry:

A. Police investigation: The judge might ask the police to gather more
evidence.

B. Another person's investigation: The judge can choose someone else to

do the inquiry if needed.

Goal: This section gives the judge time to investigate before bringing serious charges
against the accused.

Benefits:

I. Protects the accused from premature action based on weak evidence.

II. Allows for a thorough investigation to clarify the truth.

Section 203 of CrPC

Grants Magistrates the authority to dismiss criminal cases in their early stages if
there is insufficient ground to proceed further.

Judge reviews evidence: After hearing complaint (Section 200) and investigation
(Section 202), the judge decides if there's enough to proceed.

Not enough evidence? Case dismissed: If the evidence is weak, the judge dismisses
the case with brief written reasons.

Protects the accused: This prevents innocent people from facing legal trouble from
baseless complaints.
Prevents wasting time and resources: Weak cases don't clog up the court system,
allowing focus on genuine ones.

Second chance unlikely: Refiling with same facts rarely allowed.

Objective of Section 203 of CrPC

Judge can throw out weak cases: If your complaint lacks evidence, the judge can
dismiss it.

But they need to explain why: The judge has to write down clear reasons for
dismissing the case to avoid unfairness.

Sometimes only some parts of the case get dismissed: If your complaint has
multiple accusations, the judge can drop some but keep others if there's enough
evidence for those.

Again, explanation needed: The judge still needs to explain why they're keeping or
dropping specific accusations.

Analysis of Section 203 of CrPC

Judge decides if your case can move forward:

A. They review your complaint (Section 200) and witness statements.

B. They also consider any investigation results (Section 202).

C. Goal: Decide if there's enough evidence to proceed against the accused.

Important things to remember:

A. Judge considers only facts: Their decision shouldn't be based on your motives.

B. Dismissal order needs clear reasons: Higher courts can review it.

C. Accused can challenge dismissal if they think there's no case: They can
argue there's not enough evidence to accuse them.

Steps in the process:

A. You file a written complaint.

B. Judge records your statement (Section 200).

 C. They hear witness testimony (Section 202).

Judge's decision:

A. Enough evidence? They issue a summons or warrant for the accused (Section
204).

B. Not enough evidence? They dismiss your complaint (Section 203).

Why this matters:

A. Protects innocent people from facing legal trouble for baseless complaints.

B. Saves time and resources by focusing on legitimate cases.

C. Ensures fair and just proceedings.

D. Upholds the integrity of the legal system.

Easy-Peasy Court Cases under Section 203:

Case 1: Chandra Deo Singh vs Prokash Chandra Bose:

A. Imagine the Judge throws out a case before trial because it's super weak. But the
Supreme Court says hold on! That's not enough.

B. The Judge needs to be sure there's no reason at all to even keep investigating. It
can't be just "doubtful," it needs to be "no way!"

Case 2: Manharibhai Muljibhai Kakadia & Anr vs. Shaileshbhai Mohanbhai Patel &
Ors. (2012):

A. Now, picture someone throwing out your case, and you're like, "Wait, that's
unfair!" You can appeal to a higher court.

B. But guess what? Even if the higher court agrees and says, "Bring back the case!"
the accused (the person you accused) can't show up yet.

C. They have to wait until the Judge decides if they need to face trial or not. It's like
a second chance before things get serious.

Main Idea:

A. Section 203 lets Judges stop weak cases early to save everyone time and
trouble.
B. Even if the case gets thrown out, you can still fight it, and the accused always has
a chance to say their side.

C. These court rulings make sure things are fair for everyone.