Examination of Complainant by Magistrate

A magistrate may take notice or look into the complaint and examine the same upon oath of the complainant and the witnesses if any, and the whole substance shall be in writing and signed by the complainant. However, if the complaint is submitted to the magistrate in writing, the magistrate shall not examine the complainant and witnesses.

Exceptions that; in following scenarios magistrate cannot examine the complainant and witness if:

1. If a public servant in the course of his official duties makes the complaint
2. If the case or enquiry is made by magistrate itself

It is pertinent to mention here that if the case is made by one magistrate to another magistrate u/s 192 CrPC after examining the Complainant and the witnesses, the latter shall not re-examine them. 

Section 200 to Section 203 CrPC are of significant nature to avoid harassment of the accused person by making false complaints.

Importance of proceedings by Magistrate:

As per section 2 (d) of CrPC, complaints can be in any form i.e. oral or written. Hence, written complaint is not mandatory for the complaint to be presented to the magistrate and the complaints are valid even if they are sent to the Magistrate for complaints.

Objective:

The provision of Section 200 is not just a formality but instead drafted by legislature to safeguards the rights and interests of accused persons. Improper examination is considered as injustice to the accused. It may also be considered that non-examination of the complainant by the magistrate may cause harm to the Complainant.

Magistrate not competent:

In the event, complaint is made to the magistrate who is not competent to take the cognizance of the offence, he will;

1. If it is a written complaint, the magistrate will forward the complaint to the respective court.
2. If it is oral complaint, complainant will be guided to go to the proper court

Postponement of Issue: 

 As per section 202 CrPC, order of investigation is called “post cognizance investigation” and this is totally different from the investigation done in section 156 (3). Investigation u/s 202 is for limited purposes. However, the magistrate will not order investigation u/s 202 if, 

1. If the case needs the attention of session court
2. When public servant makes the complaint but the same does not need cognizance of session court

Explanation Of Section 202:

In case of offences triable by the session court enquiry conducted shall be broad in nature unlike the cases which are at the discretion of the magistrate. This broad enquiry is conducted by the magistrate only in situations where the magistrate is confused that the complaint shall be dismissed or proceeded further. Accused shall prepare himself for the defence with respect to accusations implied on him.

Magistrate can dismiss the complaint u/s 203 if he finds no ground for proceedings. 

Powers of Magistrate:

1. Sec 200 gives power to examine the complainant as well as witnesses if present there.
2. Any further inquiry or investigation if required can be ordered.
3. Magistrate can postpone the issue of proceedings if he feels so
4. Magistrate can dismiss the complaint u/s 203 for which he shall briefly record his reasons.

When the complaint is filed in writing, the magistrate after studying the complaint registers it. Post registration, the statement of the complainant under Section 200 Criminal Procedure Code (1973) is recorded on the same day and the case is fixed for recording evidence under Section 202 of the Code of Criminal Procedure for any other day. After recording evidence under Section 202 CrPC of the witness or witnesses and the case is aligned for arguments on summoning.