Once Complainant's Statement Is Recorded U/S 200 CrPC, Magistrate Can't Pass Directions To Register FIR U/S 156(3): J&K High Court
6 months, 2 weeks ago

Once Complainant's Statement Is Recorded U/S 200 CrPC, Magistrate Can't Pass Directions To Register FIR U/S 156(3): J&K High Court

Live Law  

Reinforcing the distinction between a magistrate's powers under Cr.P.C. Sections 156 and 200 when handling complaints, the Jammu and Kashmir and Ladakh High Court has ruled that recording a complainant's statement under Section 200 prohibits issuing an FIR order under Section 156. Kumar, represented by Mr. Kousal Parihar, challenged the CJM's order and the subsequent FIR, arguing that once the Magistrate had recorded the complainant's statement under Section 200 Cr.P.C., issuing a direction under Section 156 Cr.P.C. He noted that the Magistrate had indeed recorded the complainant's statement under Section 200 Cr.P.C and subsequently issued a direction under Section 156 Cr.P.C. Quoting Section 200 Cr.P.C., Justice Oswal emphasized that once a Magistrate takes cognizance of an offense and records the complainant's statement, further directions under Section 156 Cr.P.C.

Court Statement Sho Fir Magistrate Cjm 200 Cognizance Section 200 Cr  cognizance  order  high  register  200  complainants  magistrate  jk  cjm  directions  1563  crpc  statement  recorded  pass  fir

History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
17 hours, 24 minutes ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court
8 months, 3 weeks ago

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure, which deals with inquiries and investigations into complaints. The …

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC
9 months ago

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC

Live Law  

The Karnataka High Court has held that the delay caused in taking cognizance by the magistrate court after a private complaint is filed when there is no malafide on part of the complainant is required to be excluded for the purpose of the computation of the period of limitation as prescribed under Section 468 of the Code of Criminal Procedure. …

S. 156(3) CrPC | Magistrate Has Discretion To Direct Police Investigation Into Complaint Without Passing Elaborate Orders: AP High Court
1 year ago

S. 156(3) CrPC | Magistrate Has Discretion To Direct Police Investigation Into Complaint Without Passing Elaborate Orders: AP High Court

Live Law  

In a recent case, the Andhra Pradesh High Court dismissed a quashing petition filed by an accused on the ground that the Magistrate was right in forwarding the complaint to the police as it disclosed various cognizable offences and the police can thoroughly investigate the matter. Moreover, it was argued that an order of the Magistrate under Section 156 must …

FIR Can Be Registered On Complaint Received Via WhatsApp: Jammu & Kashmir High Court
1 year, 3 months ago

FIR Can Be Registered On Complaint Received Via WhatsApp: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that registration of complaints via WhatsApp, coupled with acknowledgement by relevant authorities, is substantial compliance of Sections 154 and 154 of CrPC- provisions pertaining to registration of FIRs. Justice Javed Iqbal Wani made this observation while hearing a plea challenging a complaint filed by the respondent under Section 156 CrPC …

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court
1 year, 5 months ago

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court

Live Law  

The Supreme Court observed that a Magistrate CrPC) has to consider the statements of the complainant and his witnesses before dismissing the complaint under Section 203 CrPC.In this case, a complaint was filed before the Magistrate against an accused alleging offences punishable under Sections 323, 342, 500, 504, 506, 295-A, 298, 427. The Supreme Court observed that a Magistrate CrPC) …

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers
2 years ago

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers

Live Law  

Recently, the Allahabad Hih Court has explained as to when the written statements of the witnesses could be considered to be statements duly recorded under Section 161 of CrPC.The bench of Justice Saurabh Shyam Shamshery observed that if the written statement has been submitted by the witness himself to the Investigating Officer and the IO assures. Recently, the Allahabad Hih …

S.195(1) CrPC Does Not Bar Registration Of FIR Or Require That Written Complaint By Public Servant Be Filed Before Court: MP High Court
2 years, 5 months ago

S.195(1) CrPC Does Not Bar Registration Of FIR Or Require That Written Complaint By Public Servant Be Filed Before Court: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench, recently held that Section 195 of CrPC nowhere states that that written complaint by the public officer has to be filed before the Court. The sole argument of the Applicant before the Court was that as per the provision under Section 195 CrPC, offence under Section 188 IPC can only be registered on …

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court
2 years, 5 months ago

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court

Live Law  

The Allahabad High Court has observed that if cognizance has been taken on a police report, then there is no need to pass a fully reasoned order if from the perusal of the cognizance order it appears that the court has applied its mind to the materials on record. The State of Karnataka LL 2021 SC 691, the Court observed …

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC
2 years, 5 months ago

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC

Live Law  

The Karnataka High Court has said that Section 468 of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident. A single judge bench of Justice Hemant Chandangoudar while allowing the petition filed by one Karan Menon said, …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 7 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow
3 years, 2 months ago

Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow

Live Law  

The Karnataka High Court recently issued guidelines to be followed by trial court judges while examining the accused and recording his statement under Section 313 of the Criminal Procedure Code. Sometimes, a witness may give evidence as regards the collective overt act of two or more accused and in that event, a single question may be framed, but each accused …

Magistrate Not Required To Record Statement Of Public Servant Who Filed Complaint Before Summoning Accused: Supreme Court
3 years, 5 months ago

Magistrate Not Required To Record Statement Of Public Servant Who Filed Complaint Before Summoning Accused: Supreme Court

Live Law  

The Supreme Court observed that a Magistrate is not required to record statement of a public servant who filed the complaint in discharge of his official duty before issuing summons to the accused resides outside the territorial jurisdiction.In this case, the Inspecting Officer filed complaint before the Judicial Magistrate, against a company, its managing director and others alleging offence. The …

Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi
3 years, 10 months ago

Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi

Live Law  

The Karnataka High Court has directed a Magistrate to consider afresh the criminal complaints against Union Minister Anant Kumar Hegde and BJP MLA CT Ravi over the statements made by them in the context of Tipu Jayanti celebrations in 2017. Secondly the court observed that "The sole ground on which the Trial Court has dismissed the complaint is that the …

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court
4 years ago

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court

Live Law  

The Lucknow Bench of the Allahabad High Court recently observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to the Police to register an FIR on their complaints, but they should first avail the alternative statutory remedies under the Code of Criminal Procedure, of approaching district police superintendents or magisterial court. Findings …

Police Can't Register FIR For Offences Under Sections 172 To 188 IPC, Madras HC Quashes FIR Against Anti-CAA Protestor [Read Order]
4 years, 6 months ago

Police Can't Register FIR For Offences Under Sections 172 To 188 IPC, Madras HC Quashes FIR Against Anti-CAA Protestor [Read Order]

Live Law  

The Madras High Court has quashed an FIR registered against a person accused of protesting in the public road against the implementation of the Citizenship Amendment Act,2019 without getting prior permission from the concerned authority. He moved the High Court seeking to quash the FIR on the ground that according to Section 195 of the Code of Criminal Procedure, no …

Discover Related