“Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Code of Criminal Procedure that some person, whether known or unknown, has committed an offence, but it does not include a police report. [Section 2 (d)]
ADVERTISEMENTS:
To constitute a complaint there must be an allegation made with a view to the recipient taking action under the Code, charging some person with a particular offence. A mere presentation of petition to a Magistrate to enable him to take administrative action is not a complaint within the terms of the definition.
It must be presented to him with a view to his taking action under the Criminal Procedure Code. A complaint need not necessarily be made by the person aggrieved but may be made by any person aware of the offence.
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Its essentials:
The main essentials of a complaint are:
1. The allegation must be made to a Magistrate and not to a judge. A police officer is not a Magistrate and as such a petition or information sent to him is not a complaint.
ADVERTISEMENTS:
2. The allegation must be made with a view to the Magistrate’s taking action under the Code. A mere statement to a Magistrate by way of information without any intention of asking him to take action is not a complaint.
3. The allegation must be that an offence has been committed. It is not necessary that a particular offence be stated: only the allegation of fact must constitute an offence. The mention of a wrong section does not vitiate the character of a complaint. The complaint need not specify any offender or even the section of the law which makes the act or omission punishable.
4. The allegation must be made orally or in writing. It need not set out all the facts on which the accused is to be charged, but must contain a statement of true facts relied on as constituting the offence in ordinary and concise language admitting of no ambiguity.
(b) A complaint need not necessarily be made by the person injured but may be made by any person aware of the offence. In case of the defiance of general law, any person, whether he has suffered any particular injury or not has a right to complain. The court will, therefore, take cognizance of the above complaint.
