What is criminal complaint?
Section 2 (d) of the Code of Criminal Procedure defines the term ‘complaint’ as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
Explanation: - A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant.
What is a warrant case?
According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which relates to offenses punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Stages of Criminal Trial in a Warrant Case instituted on private complaint
Section 244 to 250 of Code of Criminal Procedure are pertaining to cases instituted otherwise then on police report (private complaint). There are 15 stages of Criminal Trial in a Warrant Case instituted on private complaint. They are
1. Presentation of complaint.
2. Verification of complaint.
3. Issuance of process.
4. Appearance of accused before
the court.
5. Releasing accused on bail.
6. Evidence of complainant
before charge.
7. Cross
examination of prosecution witnesses.
8. Discharge of accused
9. Framing of Charge.
10. Conviction on plea of guilty.
11.
Cross-examination of prosecution witnesses, if accused pleads not guilty.
12. Statement of accused U/s.313
of Cr.P.C.
13. Evidence of defence.
14. Argument.
15. judgement.
Now each stage can be discussed as under
The first stage of complaint case is presentation of complaint before a
magistrate.
The complaint has to be filed with the magistrate who has the jurisdiction to try the offence complained of. However in cases where the complaint is accidentally filed with the magistrate not having the jurisdiction, the magistrate is duty bound to return the complaint to be presented to the appropriate magistrate by stating the necessary details thereof.
The complaint may be made orally or in writing. However it is always better to furnish it in writing.
In Francis Savio vs. State of Kerala 1998 Cr LJ 4735 it was observed that
" In drafting a criminal complaint, there is no specific provision either in the Criminal Procedure Code or in the rules framed there under as to how a criminal complaint has to be drafted. What we should see in the criminal complaint is whether the entire substance of the complaint prima facie, makes out an offence said to have been committed, or whether there is a ground to presume on the entire reading of the substance of the complaint that the offence is likely to have been committed. "
2. Verification of complaint
Every day experience of the Courts shows that many complaints are ill founded, and it is necessary therefore that they should at the very start be carefully considered and those which are not on their face convincing should be subjected to further scrutiny so that only in substantial cases should the Court summon the accused person.
Therefore, Sections 200 to 203, Cr PC have been enacted for weeding out false, frivolous and vexatious complaints aimed at harassing the accused person
After
examination of the complainant, the Magistrate may either inquiry into the
matter himself or direct an investigation to be made by a police officer for
the purpose of deciding whether or not there is sufficient ground for
proceedings.(Section 202)
If,
after considering the statements on oath (if any) of the complainant and of the
witnesses and the result of the inquiry or investigation (if any) under section
202, the Magistrate is of opinion that there is no sufficient ground for
proceeding, he shall dismiss the complaint, and in every such case he shall
briefly record his reasons for so doing. (Section 203)
In M/s. Nova Electricals, Jalgaon vs. State of Maharashtra and Anr. 2007 Cr LJ 535
The Bombay High Court has observed that the verification of the complainant as required under Section 200 of the Cr PC is not a mere formality and the Magistrate has to ascertain thereby whether the complaint is genuine or frivolous. It is further held that for omission by the Court to record verification, the complainant cannot be penalized for it and on that ground the complaint cannot be quashed. Omission by Court to record verification and/or examining the complainant on oath, at the most can be said to be an irregularity and the same can be cured subsequently.
3.
Issuance of process
After examination of the complaint and the inquiry report, if the court thinks that the prosecution has a genuine case and there are sufficient material and evidence with the prosecution to charge the accused then the Magistrate may issue a warrant or a summon depending on the facts and circumstances. However in a warrant- case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction. (section 204)
Generally in complaint cases summons has been issued to the accused to appear before the court on the date mentioned in the complaint. If the accused fails to appear before the court on such date, then warrant has been issued.
4. Appearance of accused before the court
On the fixed next date of hearing, the accused is obliged to appear in person. However, whenever the Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader / advocate. But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance.
5. Releasing accused on bail
As soon as accused appears before magistrate, a bail is asked from him for securing his attendance during trial. Once bail is furnished by the accused then the case is fixed for recording evidence of prosecution witnesses before charge.
6. Evidence of complainant before charge
In a warrant triable case instituted otherwise than on a police report, when the accused appears or is brought before the Magistrate, the Magistrate would proceed to hear the prosecution and would proceed to take all such evidence as may be produced in support of the prosecution. The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
(a) there are no material or evidences against the accused to proceed against him; or
(b) that acts and omissions attributed towards the accused does not constitute any offence.
7. Cross examination of prosecution witnesses
If defence wants to cross examine
prosecution witnesses then it can cross examine them.
In Harinarayan
G. Bajaj vs. State of Maharashtra, (2010) 11 SCC 520, the Supreme Court
held that the right of an accused to cross-examine witnesses produced by the
prosecution before framing of a charge against him was a valuable right. It was
only through cross-examination that the accused could show to the Court that
there was no need for a trial against him and that the denial of the right of
cross-examination under Section 244, CrPC would amount to denial of an
opportunity to the accused to show to the Magistrate that the allegations made
against him were groundless and that there was no reason for framing a charge
against him.
8.
Discharge of accused
Upon taking all the evidence of the Prosecution, if the Magistrate considers that case against the accused is such that even if it is unrebutted, would not warrant his conviction, the Magistrate would discharge the accused and would record his reasons in support thereof.
However a Magistrate may discharge the accused at any previous stage of the case if he considers the charge to be groundless. He must record the reasons for so doing. (Section 245)
9. Framing of Charge
If accused is not discharged by the magistrate under section 245 of Cr.P.C. and after considering evidence which has been recorded previously, ttie magistrate is of the opinion that there is ground for presuming that the accused has committed an offence triable under chapter 16 of Cr.P.C, which such magistrate is competent to try and which in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.(Section 246(1))
The charge shall then be read over and explained to the accused in vernacular and shall be asked whether he pleads guilty or has any defence to make. (Section 246(2)
In State of Kerala vs. Sebastain, 1983 Cr LJ 416, the Kerala High Court held that once the charge has been framed, the Magistrate is bound to proceed further with the trial and then he cannot discharge the accused. Framing of charge against the accused is an order affecting the interest of the accused and the Magistrate cannot review his own order. Subordinate Courts have no inherent powers and cannot reverse their own orders. After framing the charge the Magistrate cannot dismiss the complaint nor can discharge the accused.
10. Conviction on plea of guilty
If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.(Section 246(3)
11. Cross-examination of prosecution witnesses, if accused pleads not guilty
If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section 246(3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether the accused wishes to cross-examine any, and if so, which, of the witnesses for the prosecution whose evidence has been taken. (Section 246(4)
If the accused says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged. (Section 246(5)
The evidence of any remaining witnesses for the prosecution shall next be taken and after cross-examination and re-examination (if any), they shall also be discharged.(Section 246(6)
12. Statement of accused U/s.313 of Cr.P.C.
After taking evidence of all prosecution witnesses, by reason of mandate of Section 313 of CrPC, 1973, the Judge would bring to the notice of the accused, all the evidence which has come against him and would call upon the accused as what he has to say on those evidences. Such recording of statement of accused u/s 313 is not on oath. Such statement of accused can be used against him in the trial.
13. Evidence of defence (Section 247)
The accused would then be called upon to enter upon his defense and produce his evidence.
If the accused puts in any written statement, the Magistrate shall file it with the record.
If the accused, after he had entered upon his defense, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing.
14. Argument
The Prosecution and the defence counsel then present their argument.
Section 314 provides that " Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record."
A copy of every such memorandum shall be simultaneously furnished to the opposite party.
15. Judgment
The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgment.
If, in any case under Chapter 19 in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of Section 325 (Procedure when Magistrate cannot pass sentence sufficiently severe) or Section 360 (Order to release on probation of good conduct or after admonition), he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. (Section 248)
Judgement shall be pronounced in accordance with chapter 28 of Cr.P.C. (dealing with judgment)
