[S.200 CrPC] No Bar On Complainant To Approach Magistrate With Criminal Complaint Before Going To Police: J&K High Court

The Jammu and Kashmir High Court has ruled that a complainant alleging a cognizable offence is not bound to first approach the police for lodging an FIR and may directly move the Magistrate under Section 200 CrPC.

The Court added that no illegality is committed in such cases where the Magistrate takes cognizance based on the complaint.

A bench of Justice Sanjay Dhar held that “There is no bar to approach the Magistrate with a criminal complaint instead of approaching the Police, even in cases where cognizable offences are disclosed.”

The court thus dismissed the petition challenging the issuance of process by a trial Magistrate for offences under Sections 420 and 506 IPC.

The petitioner had challenged the summons issued by the trial court on the grounds that the complainant should have approached the police under Section 154 CrPC and that the Magistrate ought to have ordered a preliminary inquiry under Section 202 CrPC before summoning the accused.

Rejecting both submissions, the Court held that direct access to the Magistrate is within the complainant's discretion.

The court said “It is only in cases where the Magistrate is unsure about whether there is sufficient ground to proceed, that Section 202 comes into play. Where allegations are clear and supported by preliminary evidence, as in the present case, further investigation is not necessary.”

The petitioner also argued that the Magistrate did not apply his mind while issuing process. However, the Court found that the order though brief, referred to witness statements and complaint content, thus reflecting judicial application of mind.

It said that “The order may not be detailed, but it clearly reflects that the Magistrate analysed the material before issuing process.”

APPEARANCE:

Mr.Tariq Ahmad Lone, Advocate for Petitioners

Case-Title: GHULAM MOHAMMAD PAYER Vs AMANULLA KHAN, 2025

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