A person aggrieved of an offence can move a complaint to the Magistrate under Section 200 of the Code of Criminal Procedure. In the AIIMS Employees’ Union vs Union of India (1996) 11 SCC 582 the Supreme Court has held that:
If the officer in charge of the police station has refused to lodge the FIR the aggrieved person can file a petition of complaint under section 200 crpc.
How to file a complaint under Section 200 crpc
Prepare a petition of complaint. State the incident in details which suggest that an offence has been committed. Adduce evidence along with the petition of complaint. Also produce witnesses who have knowledge or information about the commission of alleged offence.
The complainant must sign the complaint and do proper verification of the facts stated in the complaint. The verification will prima facie infer that the complaint is genuine.
When the Magistrate prima facie satisfies that offence has been committed, he shall examine the witness and proceed further. If the complaint does not infer the commission of offence, the accused can approach the High Court under Section 482 crpc for quashing of such a frivolous complaint. The Magistrate has many options open to him after receiving a complaint.
- He can take cognisance and issue a warrant or summons against the accused under Section 204 crpc.
- He can either inquire the case himself or direct the police officer to conduct an investigation under Section 202 crpc for the purpose to find out sufficient grounds for proceeding.
- The Magistrate can dismiss the complaint if he finds no sufficient grounds for proceeding.
- Instead of taking cognisance the Magistrate may order investigation under Section 156(3) crpc.
If there is delay in filing a complaint the complainant must satisfy the reason for such a delay. The Magistrate cannot refuse the complaint only on the ground of delay. He has to examine the facts of the case and reasons for causing delay.
