Charge framing in private complaint case in magistrate court

[Anonymous]

In a private complaint case filed by me, the magistrate has not framed charges against accused. The Magistrate has started examining witnesses named by me and already 5 witnesses were examined. Does it mean the Magistrate is not trusting my complaint since he has not framed charge against accused? Will my case be weak due to this reason?

[Dr. Ashok Dhamija]

The procedure laid down in the Criminal Procedure Code for trial of warrant case by Magistrate in a private complaint case, permits the Magistrate to examine the prosecution witnesses before framing the formal charge.

Either on the completion of recording of prosecution evidence, or before that, if the Magistrate comes to form opinion that there is ground for presuming that the accused has committed an offence triable as a warrant case, then he may frame a formal charge against the accused.

Therefore, there is nothing wrong procedurally if the Magistrate has examined the witnesses on the side of the complainant without framing any formal charge. A formal charge may be framed on a later date if there is evidence available as mentioned above.

Further, this procedure followed by the Magistrate does not mean that he does not trust your case or that your case is weak. The Magistrate is following the procedure as laid down in Cr.P.C.

     

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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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