Calling a person to stand criminal proceeding on frivolous or vexatious allegations, amount to Violation of Fundamental Right

Neeta Adarsh Vs State and ors

Jammu and Kashmir HC

28/12/2018

CRMC No. 469/2018, IA No. 01/2018

About/from the judgment:

Criminal Procedure - S. 190 - Cognizance of offences by Magistrates - Quashing of the Order - Matrimonial Dispute - Calling a person to stand criminal proceeding on frivolous or vexatious allegations, amount to violation of his fundamental right.

 

If a complaint is received by the Magistrate, the power to take cognizance on the basis of such complaint is under Section 190 of Cr.P.C. However, further action on such complaint has to be taken under Sections 200-204 of Cr.P.C. Under Section 200 Cr.P.C., the Magistrate is required to record the statement of the complainant on oath, and also of other witnesses, if present. The objective sought to be achieved by Section 200 is that a large number of complaints are filed by private individuals, many of which may be frivolous complaints. Therefore, it is considered necessary to verify the details of such complaints by examining the complainant on oath under Section 200 of Cr.P.C. In certain complaint cases, action may have to be taken by the Magistrate under the provisions of Section 202 Cr.P.C., i.e., an inquiry by the Magistrate himself or an investigation by police, etc. After these steps, if the Magistrate does not find sufficient ground to proceed further, he may dismiss the complaint under Section 203 of Cr.P.C.; on the other hand, if he finds sufficient ground to proceed, he may issue process under Section 204 of Cr.P.C. Magistrate has also option to direct police to conduct investigation in terms of section 156(3) Cr.P.C., which is called pre cognizance stage. But in any case, Magistrate has to apply judicial mind before proceeding ahead as to whether allegations leveled shows cognizable offence and also to find out truthfulness of allegations. Magistrate in order to satisfy himself with regard to truthfulness of allegations may conduct inquiry or call for report from police, if he comes to conclusion that police had already conducted some sort of investigation on same allegations. [Para 12 & 13]

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