Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether documents annexed to a written complaint form part of the complaint for the purpose of disclosing the alleged offence, and whether a complaint that lacks necessary particulars can sustain issuance of process.
Analysis: The Code of Criminal Procedure draws a clear distinction between a police report and a complaint under section 2(d). A police report carries with it the materials gathered in investigation and is subject to statutory supply of documents, whereas a complaint is only the allegation made to a Magistrate and the Code does not treat annexures as part of the complaint itself. A written complaint must, by itself, contain the factual particulars necessary to disclose the offence alleged; documents filed along with it may support the accusation, but cannot cure a complaint that is otherwise vague. The complaint in question did not specify the particular arrangements, instructions, training, or supervision said to be missing, and the defect could not be removed by reference to annexed documents or by the Magistrate's examination under section 200.
Conclusion: The annexed documents did not constitute part of the complaint, and the complaint was too vague to disclose the alleged offence. The process issued on such a complaint could not be sustained.