Section 200 CrPC ( Complaint to Magistrates) #bestcriminallawyer #topcriminallawyerinkolkata

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Section 200 predominantly deals with the Magistrate taking cognizance of an offence on complaint, and there are predominantly three ways that follow once cognizance has been taken:

1. Issuing summons to the accused or order an inquiry under section 202 of The CrPC.

2. If, the Magistrate is not agreeable to the above, then he may dismiss the same complaint under section 203 of The CrPC.

3. If the Magistrate is satisfied that the complaint holds ground then the Magistrate will issue process under section 204 CrPC.

“Cognizance” in general sense gives the idea that the judicial mind of the Magistrate is being used, and further goes onto imply that the Magistrate is never going to perfunctorily peruse the complaint and do the corollary necessities. The two conditions that are requisite for going past section 200, are, firstly, examination of the said complaint and secondly, application of the judicial mind of the Magistrate. If one of the aforementioned points are not in play, then the ground for the subsequent proceedings becomes quite weak to stand on. The definition of, “cognizance” has not been defined, by way of good precaution, and it is by general practice that, cognizance is inferred to vary from one individual case to another individual case.

There is one more point that generally tends to pique the minds of the legal professionals, and students, and that question is, whether a joint complaint is maintainable, and the answer varies, not only from one individual to another, but the difference in opinion has taken shape in the following form:

1. The High Courts of Madras, Calcutta and Kerala have gone onto hold that joint complaints are not maintainable [ AIR 1962 Mad 443]

2. But, The Allahabad High Court [ AIR 1967 All 150] and The High Court of Manipur[ AIR Mani 56] professed the contrary view.