Case Note & Summary
The petitioner, Yakoob Sharief, filed a petition under Section 482 Cr.P.C. seeking quashing of FIR in Crime No.86/2012 and proceedings in PCR No.95/2012 pending before the Principal Civil Judge and JMFC, Chickballapura. The second respondent, Gopalappa, sent a written complaint by registered post to the JMFC, Chickballapura, which was received on 22.05.2012. The Magistrate directed registration of the complaint as PCR and later, on 13.07.2012, without examining the complainant, referred the complaint to the jurisdictional police under Section 156(3) Cr.P.C. for investigation, alleging offences under Sections 323, 324, 420, 409 IPC. The petitioner contended that the Magistrate failed to follow the mandatory procedure under Section 200 Cr.P.C., which requires examination of the complainant on oath before taking cognizance or referring the matter to police. The court analyzed the provisions of Section 2(d) Cr.P.C., which defines a complaint, and Section 200 Cr.P.C., which mandates examination of the complainant. The court held that when a complaint is sent by post, the Magistrate must first examine the complainant under Section 200 Cr.P.C. before proceeding further. Referring the complaint to police under Section 156(3) Cr.P.C. without such examination is illegal and without jurisdiction. The court quashed the FIR and all proceedings in PCR No.95/2012.
Headnote
A) Criminal Procedure Code - Complaint by Post - Procedure under Section 200 Cr.P.C. - When a written complaint is sent by post to a Magistrate, the Magistrate must first examine the complainant on oath under Section 200 Cr.P.C. before taking any further action, including referring the matter to police under Section 156(3) Cr.P.C. - The Magistrate's order referring the complaint to police without examining the complainant is illegal and without jurisdiction - Held that the proceedings initiated on such a complaint are liable to be quashed (Paras 1-6).
Issue of Consideration
What is the procedure to be followed when a complaint in writing is sent to the Magistrate through post?
Final Decision
The petition is allowed. The FIR in Crime No.86/2012 and all proceedings in PCR No.95/2012 pending on the file of the Prl. C.J. and J.M.F.C., Chickballapura are quashed.
Law Points
- Procedure for complaint sent by post
- Magistrate must examine complainant under Section 200 Cr.P.C. before referring to police under Section 156(3) Cr.P.C.
- Complaint not filed in person cannot be treated as a complaint under Section 2(d) Cr.P.C. without examination
- Order under Section 156(3) Cr.P.C. without following Section 200 Cr.P.C. is illegal and liable to be quashed
