"Complaint"

Complaint:-

According to section 4(h) of the Code of Criminal Procedure, Act V of 1898, A complaint means the allegation made orally or in written to a magistrate, with a view to taking his action under the code, that some person whether known or unknown, has committed an offence, but it does not include the report of police officer or FIR.

Bllack's Law Dictionary defines the complaint as; A formal charge accusing a person or an offence.

Complaint may be made by any person having sufficient knowledge of the offence committed,even the person who is not aggrieved by the commission of such offence; passerby, stranger, aggrieved/victim or any next of kin of the victim is competent to make complaint.

Complaint is made to Magistrate of having competent jurisdiction,keeping in view that the matter may not fall within the ambit of the doctrine of the Corum-non-Judice.

Complaint necessarily and apparently discloses the facts constituting an offence, that such offence has been committed and it is made against the perpetrator of an offence or crime. It is immaterial to apply the sections provided by the substantial law for the offences, in the complaint because it is to be decided at the stage of framing of charge by the Court that what offences are made and which sections may be applied.

Complaint is made under section 200 Cr.P.C,before the Magistrate. Magistrate examines the complainant on oath and reduces the substances of the complaint into writing. After examination and recording the statement of  complainant, such statement is signed by the complainant as well as by the Magistrate. provided that when the complaint is made in writing then Magistrate is not required to examine the complainant before transferring the case to the Court of Sessions, under section 192 Cr.P.C. the complaint made by the public servant or court is not required to be examined when it is made in writing. 

The object of Section 200 Cr.P.C, is in threefold:-

1. ascertaining the facts regarding the offence

2. saving the time of court and prevent the abuse of process as well as the accused from harassment.

3. for the determination of the sufficient grounds to initiate the investigation, inquiry or any further proceedings.

Where the Magistrate is not competent to take cognizance of the offence then he shall return the complaint to the complainant for the presentation of such complaint to the proper forum.

Court or Magistrate is empowered to postpone the issuance of process and may hold inquiry by itself, direct inquiry by the justice of peace or any other person, direct investigation y police officer and the Court of Sessions may direct the magistrate to hold inquiry. The reasons for such postponement of the issuance of process be recorded.

Inquiry for the truthfulness or falsity is conducted under section 202 Cr.P.C. the object of the inquiry conducted under section 202 Cr.P.C is to satisfy the the court about the prima facie case is made out against the accused and to avoid the false and frivolous litigation conducted against the accused. Court is empowered to record evidence of any witness on oath if it deems fit.

Complaint is dismissed under section 203 Cr.P.C, if the Court reaches on the conclusion that there is no sufficient ground and substance to take cognizance of the offence, keeping in the view the examination of the complaint, result of inquiry under section 202 Cr.P.C and finding of police investigation. 

If the Court is of opinion that there is sufficient ground and material substance with proper evidence to make the complaint fit for a primafacie case then it shall issue the process under section 204 Cr.P.C to ensure the attendance of the person against whom the complaint is made of, and it may issue or warrant at the first instance as per the nature of offence and keeping in view the circumstances.

where, the process is issued and accused appeared on the date fixed for hearing, and complainant does not appear later on, then Court may acquit the accused or adjourn for the next date, recording the sufficient reasons thereof.  in case of complainant is pubic servant then court is empowered to dispense with his personal attendance and proceed with the case.

When the offence is cognizble and non-compoundable then accused is not acquitted due to the non-appearance of the complainant.

Procedure for the complainant case is the same as for the trial before the Magistrate of the first class or the Court of Session,

Complaint is an alternative mode of criminal proceedings where the FIR is not preferred or where police fails to register FIR of the cognizable offences having good good primafacie case. and complaint is out of the domain of the police, it is direct access to get the case registered in Court of law and redress the grievances against the accused person or persons.