Approaching Magistrate: An Alternate Course to Register Complaints

January 6, 2022

Approaching Magistrate: An Alternate Course to Register Complaints

Most people are aware that an FIR can be filed with the police under section 154 of Criminal Procedure Code. Very few persons know that a complaint can also be filed to the magistrate directly. A person can take the route of directly approaching the magistrate. In such a scenario, magistrate will have three options: Accept it as per section 202, Decline it as per section 202 or order an investigation to the police officers or inquire himself under sections 156(3) and 202 respectively.

In case, the magistrate decides to accept the complaint, he examines upon oath the complainants and witnesses and then reduces everything into writing. After having heard the case at a preliminary stage, it may decide whether he should take the case into cognizance or not. If he finds substantial matter in the case for it to go through the trial process, it will issue summons or warrants and trial will take place. If he, on the application of his judicial mind believes that no case can be made out, he may dismiss the complaint. The second scenario is where the magistrate seeks to dismiss the complaint immediately.

The third scenario is where under section 156(3), the magistrate may order the police to investigate into the matter or might inquire himself under section 202. Under section 156(3), the magistrate may direct the police officers to file an FIR for the complaint received and order an investigation. Magistrate can himself inquire the case as per section 202. Finally, on the submission of a report by the police officers, magistrate may take the case into cognizance or may not depending on the evidence so collected.

One can approach the magistrate even after the chargesheet or closure report or final report has been filed by the police. If one, is not satisfied with the police’s conclusion, they can approach the magistrate who will again have three courses as stated above. If the person who is making submissions satisfies the magistrate as to why the police report must not be considered, the magistrate may take his complaint into account and not agree with the police report. The court may also order the police officers to conduct further investigation and file a supplementary chargesheet under section 173(8).

The main intention behind writing such a piece is to enlighten people about their opportunities to reach out to the magistrate at any stage before the trial or even before filing an FIR. In many instances, people are aggrieved because the police officers do not take their FIRs or the people themselves do not believe the police officers due to the nature of their complaints. In such cases, they might consider reaching out to the magistrate as a safe, secure and just option. This alternate remedy may prove to protect them.

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