Explain the powers of magistrates for trial and disposal of complaints.

Question: Explain the powers of magistrates for trial and disposal of complaints. [MPHJS 2017]

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Answer

The procedure to be followed and the powers conferred to the magistrate are given in the Code of Criminal Procedure, 1973 and also definitely some of the provisions have been given in the Indian Penal Code, 1860.

The primary and main objective of these proceedings to be conducted is to ensure that the trial must be fair and no one should be deprived of their rights. First of all the main duty of the magistrate when the complaint is filed is to see that the accused should be treated as innocent till the charge against him is proved and also should check that he doesn’t escape from the punishment.

The powers of the magistrate are given in Section 156(3) of CrPC, the procedure which he needs to follow may also be classified in the legislative work.

Here we must also understand Section 190 of CrPC. According to this section any magistrate of the first class, and any magistrate of the second class specially empowered on this behalf under sub-section (2), may take cognizance of any offence upon receiving a complaint of facts which constitute such offence; upon a police report of such facts; upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

Moreover, Section 200 – 203 deals with the complaint to the magistrate in Criminal Procedure Code 1973.

1. Examination of Complaint (Section 200)

As per Section 200 which deals with Examination of Complainant, a complaint is made to the Magistrate with a view that cognizance of the offence has to be taken, where the Magistrate takes cognizance of the offence on a complaint, the first step is to examine the complainant and the witnesses present and the matter of such shall reduce to the writing of the examination and signing it by the complainant and the witnesses and the Magistrate.

2. Procedure By Magistrate Not Competent To Take Cognizance Of The Case (Section 201)

If the complaint in writing has been made to the Magistrate not competent to take the cognizance of the offence, he shall;

• The Magistrate can return the complaint about the presentation to the proper Court with approval to that conclusion.
• If the complaint is not in writing then the Magistrate shall direct the complainant to the proper Court.

If an offence has occurred in the presence of the Magistrate, here the Magistrate has the power to take the Cognizance of the offence directly by filing a complaint or he can appoint his subordinate to file a complaint against the accused and it is clearly explained in Section 153(3) of CrPC.

3. Postponement Of Issue of Process (Section 202)

Any Magistrate on the acceptance of a complaint of an offence which he is authorized to take the cognizance may, if he thinks suitable, may in this case where the accused is residing at a place beyond the area of jurisdiction then the postponement of issue of process against the accused, and either investigate into the case himself or order an inquiry to be made by the police officer for the purpose of deciding whether there is sufficient ground for proceeding. If the complaint is exclusively triable by the Court of Sessions then the Magistrate shall not direct the complaint to the investigation.

The Magistrate can issue a process without a police report under the material facts as per Section 202 of CrPC. The issue of the process can be in summons or order and it is the power of the Magistrate to provide it by checking into the facts provided.

4. Procedure to be Followed for Dismissal (Section 203)

There is no specific procedure prescribed by the Code to be followed if a complaint is to be dismissed. The code only requires that reasons for such dismissal must be recorded. However, equity requires that certain procedure needs to be followed before dismissal.

If the Magistrate is of the opinion that the complaint is frivolous or deserves to be dismissed for any of the above-stated reasons, the Magistrate firstly should allow the complainant to save his case if any additional documents or evidence can be brought before the court. If an adequate opportunity is given to the complainant but no case is still made out against the alleged offender, the Magistrate shall dismiss the complaint.

If the reasons are not stated, the complainant is entitled to appeal the order for violation of the natural justice principle. However, if a complaint is duly dismissed, the case ends and the accused person(s) are deemed to be acquitted of all charges.

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