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“It is not that the magistrate is totally handicapped to proceed further against a person who is stated to be unknown…. the court can proceed to pass orders under sections 202, 203 and 204 of CrPC,” Justice PN Desai noted while dismissing a plea filed by one Shivakumar.
“When a private complaint is filed before a magistrate, there are two courses open to him. One, he can peruse the complaint… and take cognizance of the offence and proceed to record sworn statement of the complainant and witnesses as provided under Section 200 CrPC. The other course open is if the magistrate feels that investigation by police is necessary before taking cognizance, he can refer the complaint to police for investigation under section 156(3) of CrPC,” Justice Desai added.
Shivakumar, a resident of Alakunte Nagar in Vijayapura taluk, had challenged a July 2, 2022 order passed by the JMFC court rejecting his plea seeking a direction to police under section 156 (3) to conduct an investigation. Shivakumar contended that his son and his friend were assaulted by Vijayakumar and two others, whose details are not known to him.
Shivakumar had earlier filed a complaint before the Vijayapura SP. It was referred to the additional SP. As no action was forthcoming, he filed the private complaint before the magistrate.
The magistrate did not refer the case for police probe and posted for sworn statement of complainant and witnesses. However, when Shivakumar insisted upon his prayer for a direction under section 156(3), the magistrate rejected his application.
Full report: toi.in
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