What are the two courses open to an aggrieved person under criminal law?

Question: What are the two courses open to an aggrieved person under criminal law? [WB J.S. 2000]

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Answer

The two courses open to an aggrieved person are either to report the matter to the police or to file a complaint with a Magistrate. FIR is lodged before the police while the complaint is lodged before a Judicial Magistrate. In the former case, the police will investigate the offence, while in the latter case the Magistrate takes cognizance of the offence on a complaint by the aggrieved person.

FIRs can be enlisted by an injured individual, an observer of an offence or whatever other individuals know about the wrongdoing. According to the arrangements of Section 154 of the CrPC the informant can express the realities about the offence either recorded as a hard copy or Oral.

On account of Hallu v. State of Madhya Pradesh [1974 AIR 1936], it was held-

Section 154 doesn’t necessitate that the report must be given by an individual who has individual information on the episode announced. The provision discusses data identifying with the commission of a cognizable offence given to an official accountable for a police headquarters.

A Magistrate can take cognizance of an endless supply of a complaint or something else, from that point he analyzes the objection by inspecting the realities and the observers. If he finds that the complaint is with merits, the case is esteemed dedicated for preliminary and the officer gives the procedure.

In the event that the offence is only triable by the Court of Session, the Magistrate submits the case to the Court of Session. On account of a first data report, the offence included is of cognizable nature and in this manner, the police have the position to start the examination in the said case without earlier consent from the Magistrate and afterwards record a charge sheet.

Then again, when a Magistrate takes the insight of an offence based on a complaint, he arranges an examination of the issue and can likewise guide the police to hold up an FIR on the off chance that he feels that the offence is of a genuine sort.

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