In the light of Judicial pronouncement(s) discuss the following: There is no particular format for making Complaint.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2021
In the light of Judicial pronouncement(s) discuss the following: There is no particular format for making Complaint.
Answer & Explanation:
There is no particular form for narration of the incident in the body of complaint. It is sufficient if it contains a valid and correct description how and in what manner the offence was committed. Only facts which are connected with the incident have to be stated in the Complaint. Facts which can prove involvement of the accused in the offence should also be mentioned. The petition of complaint must disclose the names of the witnesses of the offence. A petition addressed to the Magistrate containing an allegation that an offence has been committed, and ending with a prayer that the culprit be suitably dealt with is a complaint (Mohd. Yousuf v. Afaq Jahan, AIR 2006 SC 705). Complaint need not be presented in person. A letter to a Magistrate stating facts constituting an offence and requesting to take action is a complaint. Police report is expressly excluded from the definition of complaint but the explanation to section 2(d) of the Code of Criminal Procedure, 1973 makes it clear that such report shall be deemed to be a complaint where after investigation it discloses commission of a non-cognizable offence. Police report means a report forwarded by police officer to a Magistrate section 173(2) of the Code of Criminal Procedure, 1973.
Topics: Criminal Pleadings
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