Section-200 of Cr.P.C.Examination of complainant.-
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complainant; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
When a private complaint is lodged certain formalities have to be gone into. Section 200 provides that the Magistrate will examine the complainant on oath and at that stage, the Magistrate makes up his mind after reading the complaint and going through the statement of the complainant which is reduced into writing, whether he should issue process or not. It is at this stage that the Magistrate has to consider whether examination of the complainant and the sworn statement of the complainant before him constitute sufficient material for proceeding with the case.
“There is nothing in the Code prohibiting a Magistrate after taking cognizance of an offence and examination by him of the complainant and the witnesses present, if any under section 200 from straightway issuing process under Section 204. The question then is whether the proviso toSection 202(2) stands in the way of doing that. That proviso is one to S. 202(2). Section 202(2) is specific that what is contained therein is applicable only to the inquiry referred to in Section202(1).”
Bombay High Court.
The Extra Assistant And … vs Unknown on 13 October, 1983
Bench: B Gadgil, S Deshpande