Cognizance|Law into motion|FIR |private complaint| u/s190|191|193|154|200 code of criminal procedure

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private complaint under section 200 code of criminal procedure

Private complaint in a State case, a legal remedy. Offence cognizable by Court of Sessions inquiry should be got conducted by Magistrate u/S. 202, it is not imperative for him to examine I.O. or look into case diaries of Challan case. A Court of law taking cognizance can summon persons complained against.

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The legislature made an attempt to rectify the abhorrently negligent behaviour of the police by amending Sections 22 and 25 of the Code of Criminal Procedure 1898 (CrPC) through the Code of Criminal Procedure (Third Amendment) Ordinance (CXXXI of 2002).
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#[PLD 2005 LAH 470]

Legal Remedies When Police Refuses to Register FIR

If the police, for one reason or the other, refuses or delays the registration of an FIR, the aggrieved party can reduce into writing the incident and hand over a hard copy to the police, but again, a delay in registration can cast doubt during court proceedings.

the petitions under Section 22-A and B of the CrPC are not to be entertained if the SP has not been approached first with regard to the police’s failure to register an FIR.

Delays in the registration of an FIR can potentially be caused on purpose, thereby favouring perpetrators. Giving the bully a baseball bat seems ridiculous.

Once this alarmingly god-awful hindrance has been strived for and no FIR has still been registered, the aggrieved person can avail his or her irrefutable statutory right under Section 22-A and B of the CrPC and approach an (ex-officio) Justice of the Peace (JP). (Ex-officio) Justices of the Peace, as laid down in section 25 of CrPC, are Sessions or Additional Sessions Judges.

This legal remedy is availed by filing a petition under Section 22-A and B for the registration of FIR in the Court of Sessions. Once the petition is filed, a date is set for the JP to review the petitioner’s application. From the facts narrated, if a cognizable offence gets made out in the opinion of the (ex-officio) Justice of the Peace, he or she is to issue a direction to the concerned police officer to register the FIR, or, under certain circumstances, direct the petitioner to resort to an alternative remedy of filing a private complaint under Section 200 of CrPC [2007 PLD SC 539].

IThe High Court’s constitutional jurisdiction under Article 199 of the Constitution of Pakistan was invoked, assailing the validity of the order passed in favour of the aggrieved party, by the learned (ex-officio) Justice of the Peace

What is a Private Complaint? When and Where is it To Be Filed?

A private complaint has been described under Section 4(1)(h) of CrPC 

A private complaint is to be filed before a magistrate who can take cognizance of an offence upon receiving a complaint, as provided under Section 190(1)(a) of CrPC. Therefore, when a magistrate receives a private complaint under Section 200 of CrPC, he or she can take cognizance of the same, provided that he or she must examine upon oath the complainant and witnesses if any, as well as the substance of the complaint.

This means that the facts narrated must be composed within a written document, which must be signed by both the magistrate himself or herself and the complainant, in order for the magistrate to take cognizance of the same under Section 190 of CrPC.

The examination upon oath is mandatory for the magistrate where a complaint has been made orally. If a private complaint has been made in writing, the magistrate is no longer bound to examine the same. Section 200(a) of CrPC provides that if a complaint is made in writing, the magistrate can transfer it to another magistrate under Section 192 of CrPC, or send the complaint to the Court of Sessions without any examination. Subsection (c) of Section 200 CrPC further provides that where the original magistrate (before whom a private complaint was filed) has already examined the private complaint and transferred the same to a new magistrate under Section 192, the new magistrate is not required to re-examine the complaint.

the private complaint must be undertaken under Sections 200-204 of CrPC, as well as Section 205 of the same Code if required.

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zaheer abbas chughtai
advocate high court
03214271768
5 tuner Road lahore