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Q.

A come to file a complaint before cjm u/s 200 cr.p.c against.C&D.CJM Took oral statement of witnesses of A&E.But no praima facie evidence against C&D ,& no case made out against them,but evidence disclosed that some crime hasbeen committed by A&E. Cjm dismissed the complaint against C&D u/s203,But ordered the police authority to start specefic case against A&E. How far the order of Ld cjm is sustanable?

Asked by Prodip Kar, 28 Nov '08 08:30 pm
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Answers (1)

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Perfectly legal and valid. Sec. 190 Cr.P.C. empowers the CJM to take cognizance of the offence and not the offenders. Even if in his complaint A has filed a case against C & D but if on evidence, case is made out against A & E he can order registration of case and investigation by the police.
Answered by ANIL SISODIA, 29 Nov '08 12:07 pm

 
  
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