Criminal Complaint

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Criminal Complaint Definition:

The term “complaint” refers to a complaint that is of a criminal or criminal nature. Criminal proceedings are those in which the state participates in more serious crimes.

What is Complaint?

Complaint means any allegation made orally or in writing to a Magistrate. The purpose of which is to act according to law. Even if the crime is committed by someone known or unknown.

Difference between FIR and complaint:

The Criminal Complaint may be related to a known or unknown crime. Once the FIR becomes register, the police officer begins his work by investigating the matter. However, once a Complaint lodged, no investigation conducted by the police officer unless appointed by the competent authority. No specific format has been provided for filing a complaint.

How to Examine Complainant?

The Complaint before the magistrate’s examination. A judge takes notice of a criminal offense with the report. The magistrate then immediately examines the Criminal Complaint on oath. And the content of the examination reduced in writing and signed by the complainant and also by the magistrate. Whenever a complaint makes in writing, nothing contained herein shall deem to require the Magistrate to examine the complainant before transferring the case accordingly. He can send the Criminal Complaint to Session Court.

When the Complaint makes in writing, nothing contained herein shall deem to require the review of a complainant in any case in which the complaint made by a court or by a public servant acting or claiming to act during the dismissal of his official duties. Where the matter was transferred according to law and the magistrate to whom it was transferred. He shall not become bound to re-examine the Complaint.

What is the essence of a Criminal Complaint?

A statement must make in order for the judge to take action in accordance with the Code.
The assertion must becomes when the crime committed.
Statements must make orally or in writing.

The Magistrate does not authorize to take cognizance of the case. If the complaint makes in writing to a Magistrate, who does not empower to take cognizance of the case. It must submit the complaint to the competent authority along with an endorsement to this effect. If the Criminal Complaint does not make in writing the Magistrate shall refer the complainant to the proper court.

How to Dismiss a Complaint?

The court before whom a FIR or Complaint lodged or to whom it becomes transferred may dismiss the complaint. if no sufficient grounds for proceeding appear in the statement of the complainant. In such cases, he must briefly record his reasons for doing so.