Legal Question in Criminal Law in India

Re: Criminal Complaint

Already answered

Re: Criminal Complaint

No. You must appreciate that purpose of Section 200 CrPC is to record statement of complainant for the purposes of summoning the accused. If the Magistrate summons the accused without recording statement under Section 200, it really does not matter much as the accused has a right and opportunity to prove his innocence by cross-examining the complainaant and complainant's witnesses, if any and by producing his own witnesses. If he is able to lead a good defence during trial but still the judge convict him, then he can file an appeal to the higher court and again show and argue the strength of his defence. The point that the judge summoned the accused without following prodcedure laid down under Section 200 can not be taken in appeal after the judge has convicted the accused. The accused, if he really want to take up this point, though at the cost of prolongation of case, has to take it at the earliest opportunity by challenging the summoning order at the initial stage itself.

Re: Criminal Complaint

You may try your luck in the High court.

Re: Criminal Complaint

From the wordings of section 200, same does not appear mandatory.