Procedure for filing Complaints in Courts

  • Is there any format for the complaint.
    1. There is no fixed format for complaint
    2. Complaint may be oral or written.
    3. Complaint can be filed by party in person or by Advocate.
  • General Written Complaint format is:.
    • In the court of ......., At.....
    CC/PRC/STC No......./Year

    Between:Name and details of complainant....Complainant
    And
    Accused details...Accused
    ***

    Complaint filed U/s.190 and 200 Cr.P.C. with a request to direct Police U/s.156(3) Cr.P.C. for registration of Criminal Case and investigation (or) take cognisance against accused and proceed with trial
    1. Time and Date of occurrence:
    2. (a) Place of occurrence : - (b) Name of Jurisdiction P.S.: -
    3. Nature of offence :
    4.0 Brief facts :
    4.1 Description of complainant -
    4.2 Description of accused -
    4.3 Occurrence details - Occurrence, motive, manner, weapons/tools and Modus operandi used by accused, witnesses, details of vicitim etc.
    5.0 Prayer ....
    Signature of Advocate and also signature of Complainant
    Full Details of the witnesses:1,2,3......
    List of documents to be relied on.:1,2,3....
  • submission procedure by party-in-person without help of Advocate.
    1. Ensure fix of Rs.2/-(two) court fee stamp on complaint since court fee is Rs.2/-
    2. Attach filled in Summons/process form for each accused.
    3. Attach filled in Docket sheet (generally process and docket sheets are sold at courts for Rs.3/-)
    4. Submission times are between 10.30 a.m. to 12 Noon.
      5.Complaint should be submitted personally to Magistrate on bench.
  • Procedure after submission to Magistrate.
    1. Magistrate will send it for scrutiny
    2. After scrutiny the Hon'ble Magistrate will call the complainant and record his statement
    3. Recording statement of the complainant is discretion of the Court.
    4. After recording statement, the Hon'ble Magistrate will consider it whether it contains prima facie to go for prosecution
    5. If prima facie case, the Hon'ble Magistrate will send the complaint to concerned Police station for action or directly take cognisance and conduct trial.
    6. Don't worry, if you don't know the procedure of the court. Bench clerk who sit infront of Magistrate will clarify all the doubts even while bench work is going on.
  • Trial Procedure.
    1. Send Summons to accused
    2. Ask accused to accept guilty or prefer trial
    3. Ask complainant to produce his witnesses and evidence.
    4. Ask accused to produce his witnesses and evidence if any
    5. Hear Arguments of both parties.
    6. Judgement
    7. Don't worry, if you don't know the procedure of the court. Bench clerk who sit infront of Magistrate will clarify all the doubts even while bench work is going on.
    8. Note:-If due to some problem, if any party absent, absent permission petition shoule be filed through any person or by post U/s.317 Cr.P.C. Intimation to court is important otherwise it will amount to contempt of court.