Introduction:
A complaint to a Magistrate under CrPC (Code of Criminal Procedure), 1973 refers to a written application filed before a Magistrate by a person who seeks the initiation of criminal proceedings against an accused person for the commission of an offense.
Section:
The provisions for filing a complaint to a Magistrate are given under Section 190 of the CrPC, which empowers a Magistrate to take cognizance of any offense upon receiving a complaint, information or police report of such an offense.
Content:
A complaint should contain the following information:
- The name and address of the complainant: This refers to the person who is filing the complaint before the Magistrate. The name and complete address of the complainant should be mentioned in the complaint to establish the identity of the person who is making the complaint.
- The name and address of the accused: This refers to the person against whom the complaint is being filed. The name and complete address of the accused should be mentioned in the complaint to identify the person who is being accused of committing the offense.
- The date, time, and place of the offense: This refers to the specific details of when and where the offense was committed. The date, time and place should be clearly mentioned in the complaint to establish the jurisdiction of the Magistrate and to ensure that the complaint is filed within the prescribed time limit.
- A brief description of the offense: This refers to a summary of the offense that has been committed. The complaint should provide a clear and concise description of the offense to enable the Magistrate to understand the nature of the offense.
- The evidence and witnesses that support the complaint: This refers to the proof that supports the allegations made in the complaint. The complaint should mention the evidence and witnesses that support the complaint to strengthen the case and to help the Magistrate in arriving at a decision.
In summary, a complaint to a Magistrate under CrPC, 1973 should contain the name and address of the complainant, the name and address of the accused, the date, time, and place of the offense, a brief description of the offense, and the evidence and witnesses that support the complaint. These details are essential for the proper filing of a complaint and to ensure that justice is served.
Case:
In a landmark judgment of Lalita Kumari v. Govt. of Uttar Pradesh, the Supreme Court held that the police must conduct a preliminary inquiry before registering an FIR on the basis of a complaint, as it is the duty of the police to sift through frivolous and vexatious complaints. The Court also held that an accused person cannot be arrested until the police have conducted a preliminary inquiry and formed a prima facie opinion that the accused has committed the offense.
LALITA KUMARI Vs. GOVERNMENT OF UTTAR PRADESH
The case of Lalita Kumari v. Govt. of Uttar Pradesh is a landmark judgment in relation to the filing of a complaint to a Magistrate under CrPC, 1973.
The issue in this case was whether the police could register an FIR (First Information Report) on the basis of a complaint, without conducting a preliminary inquiry into the allegations made in the complaint. The Supreme Court held that in cases where the allegations made in the complaint are serious in nature and involve cognizable offenses, the police must conduct a preliminary inquiry before registering an FIR.
The Court further held that the police must conduct a preliminary inquiry to verify the genuineness of the complaint and the credibility of the informant, and to sift through frivolous and vexatious complaints. The inquiry must be conducted within a reasonable time and in a transparent manner.
The Court also held that an accused person cannot be arrested until the police have conducted a preliminary inquiry and formed a prima facie opinion that the accused has committed the offense. The Court observed that the arrest of an accused person is a serious invasion of his liberty, and should not be made without sufficient grounds.
The judgment in Lalita Kumari case is significant as it provides guidance on the proper procedure for registering an FIR on the basis of a complaint. The judgment ensures that the rights of the accused are protected, while also ensuring that genuine complaints are not ignored by the police. It also provides a framework for conducting a preliminary inquiry to verify the genuineness of the complaint and the credibility of the informant, and to sift through frivolous and vexatious complaints.
Judicial Analysis:
The CrPC provides for the protection of the rights of the accused, as well as the rights of the complainant. The Magistrate must ensure that the complaint filed before him is genuine and not frivolous, and that there is sufficient evidence to support the complaint. The accused person must also be given an opportunity to present his case and defend himself against the allegations made by the complainant.
Stake:
The stake in filing a complaint to a Magistrate is to seek justice for the commission of an offense and to hold the accused person accountable for his actions. It also helps to maintain law and order and deter others from committing similar offenses in the future.
Conclusion:
In conclusion, a complaint to a Magistrate under CrPC, 1973 is an important legal remedy available to a person who has been a victim of an offense. The Magistrate must ensure that the complaint is genuine and not frivolous, and that the accused person is given an opportunity to defend himself. The ultimate aim of the complaint is to seek justice and maintain law and order in society.