Procedure for complaint under Section 155 Cr.P.C.

[Anonymous]

Is it mandatory that if police doesn’t refer to informant to the Magistrate as per 155(1) Crpc the case will not move further?

If police doesn’t take any action on the complaint of the informant then can the informant on his own move an application u/s 155(2) to a Magistrate who have jurisdiction to try the case?

[Dr. Ashok Dhamija]

The police has no power to investigate a non-cognizable offence without the order of the Magistrate. It is due to this reason that when report of such an offence is given under Section 155 Cr.P.C. to police, it simply enters the information in a register meant for that purpose and refers to the informant to the magistrate, i.e., asks him to go to the magistrate.

It is not necessary that you should first go to police for such non-cognizable offence under Section 155 Cr.P.C. Likewise, it is not necessary that the police should first refer the informant to the magistrate.

The magistrate has the power to directly deal with a complaint filed with him.

So, you can directly file a complaint (of a non-cognizable offence) with the magistrate, without going to the police first.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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