YAKOOB SHARIEF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) What is the procedure to be followed when a complaint in writing is sent to the Magistrate through post? is the question that arises for consideration in this petition.

(2.) The skeletal facts necessary for understanding the controversy involved in this petition are as follows:- Respondent No.2 sent a written complaint to the learned JMFC, Chickballapur under registered post. It was received by the Magistrate on 22.05.2012. The learned Magistrate directed Registry to register the said complaint as PCR. By a subsequent order dated 13.07.2012, the learned Magistrate referred the complaint to the Jurisdictional police under Section 156(3) Cr.P.C for investigation. The order reads as under:-

(3.) The contention of learned Senior counsel for the petitioner/accused is that on receipt of complaint, learned Magistrate directed the office to register the case as private complaint. Once the case is registered as private complaint, provisions of Chapter XV come into play. As per Chapter XV of the Code, a Magistrate taking cognizance of an offence on complaint has two options viz., (i) to examine the complainant and the witnesses present upon oath and after considering the submissions on oath of the complainant and the witnesses, if there is no sufficient ground for proceeding, he shall dismiss the complaint. If in the opinion of the Magistrate, there is sufficient ground for proceeding, the Magistrate shall issue either summons or warrant to the accused, as the case may be. (ii) postpone the issue of process as prescribed under Section 202 Cr.P.C.