Explain the following: (i) Requisites of a complaint along with relevant case laws.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2018
Explain the following: (i) Requisites of a complaint along with relevant case laws.
Answer & Explanation:
A complaint in a criminal case is what a plaint is in a civil case. The requisites of a complaint are: an oral or a written allegation; some person known or unknown has committed an offence; it must be made to a magistrate; and it must be made with the object that he should take action. There is no particular format of a complaint. 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 tantamounts to a complaint.
Topics: Pleadings