Private Complaint under S 200 Cr P C

1 of 2

http://hanumant.com/formats/DPC-Complaint to Magistrate.html

Application to report an offence to Magistrate

Important points
1. As per S. 190 of Cr PC, any Magistrate of First Class (or any Magistrate of Second Class specially
appointed for this purpose by Chief Judical Magistrate) can take cognizance of any offence upon
receiving a complaint, or upon a police report, or upon information received from any person other than
a police officer, or upon his own knowledge.
2. As per S. 193 of Cr PC, a Court of Session cannot directly take cognizance of any offence. The JMFC
may "commit" the case i.e. transfer the case to Court of Session if the offence is trialable only by Court
of Session (S. 209).
3. S. 200 specifies the procedure for complaining to a magistrate of any offence.
4. There is no prescribed form of a complaint. In general:
1. the complaint should be about a non-cognizable offense (because for a non-cognizable offense,
the police does not register FIR). For a congizable offence, if the police refuses to register FIR, a
complaint may be made about it to the JMFC.
2. it must be addressed to JMFC
3. state facts relating to the offence
4. must pray for action against the prepetrators
5. Important IPC Sections under which complaint is usually made:
Crime
Cognizable? Bailable? Tried By
False Evidence - 193

NC

JMFC

False Charge - 211

NC

JMFC

Adulteration of food - 272

NC

JMFC

Water Pollution - 277

Any Magistrate

Atmosphere - 278

NC

Any Magistrate

Rash Driving - 279

Any Magistrate

Negligent Conduct w.r.t. Poison - 284

JMFC

Public Nuisance - 290

NC

Any Magistrate

Murder - 302, Culpable Homicide N A Murder - 304

NB

Court of Session

Death by rash or negligent Act - 304 A

JMFC

Dowry Death - 304 B

NB

Court of Session

Hurt - 323

NC

Any Magistrate

Grievous Hurt - 325

NB

Any Magistrate

Theft - 379, Robbery - 392

NB

Any Magistrate

Criminal Breach of Trust - 406

NB

JMFC

Defamation - 500

NC

Court of Session

Criminal Intimidation - 506

NC

Any Magistrate

In the Court of Judicial Magistrate Ist Class at Indore

10/11/2016 7:16 PM

Private Complaint under S 200 Cr P C

2 of 2

http://hanumant.com/formats/DPC-Complaint to Magistrate.html

Criminal Complaint No. ... / 2009

A. B. s/o B. C.
123, A B Road, Indore, MP

......................................... Complainant

Vs.
M. N. s/o O. P.
456, A B Road, Indore, MP

......................................... Accused

Complaint of Offence under S. 506 (Criminal Intimidation) I P C

Complaint of Offence under S. 290 (Public Nuisance) I P C
The aforementioned complainant begs to state as under:1. That the complainant is a resident of 123, MG Road, Indore.
2. That the accused is a resident of 222, MG Road, Indore, which is in the same area.
3. Since 10/10/2009, the accused and his friends have started playing cards on the street in front of the
plaintiff's house every evening and late night.
4. The accused and his friends create a lot of noise while playing and also shout obscenities at each other.
5. Due to this behavior the plaintiff is not able to life peacefully in his house.
6. The plaintiff has requested the accused several times to stop playing in front of or near his house but to
no avail.
7. The plaintiff also gave the respondent a written notice in this respect.
8. The complainant, therefore, prays that
(a) appropriate proceeding be initiated against the accused under Cr P C.
(b) the accused be stopped from continuing the nuisance in the residential locality.
(c) the accused be convicted of the offence under S. 290.
(d) the accused be ordered to pay compensation for medical treatment, mental agony to the amount of
100,00/-

Place: .
Date: ..

(Signature of the Complainant)

No Verification
No Notary

10/11/2016 7:16 PM