private complaint can be rejected if no complaint lodge before police.

[Rameshkumar Sagar]

sir,
i filed a complaint u/s 406 of I.P.C. The Magistrate asked me first to lodge a complaint before police and if already lodged and no FIR is registered then complaint before the superior officer and then come for private complaint before court.Is the Magistrate is legally right? If not what can i do?

[Dr. Ashok Dhamija]

Though the Magistrate has the power to take cognizance of a private complaint given to him directly without first approaching the police, what he has advised you is in your own interest. If you go to police and if they take up your case, it will save you a lot of time, money and energy, since in that case the police will do all investigation and collect evidence and will prosecute the accused in court. Police can even recover money involved in offence under Section 406 IPC, if any. Otherwise, you have to do all this on your own or through your private lawyer. So, better follow the good advice given by Magistrate. Of course, as the Magistrate advised you, if the police does not act on your complaint then you can again file your private complaint with the Magistrate.     

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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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