Legal Cases and Principles in Simple English
1. Private Complaint and Issuance of Process:
The court can issue a process without a preliminary inquiry if the complaint shows a prima facie case. Postponing the issuance of process is not a reason for the High Court to intervene. The court should focus on a prima facie case during the preliminary inquiry, and the burden of proof is lighter for the complainant.
2. Preliminary Enquiry by Police:
The court can direct the police to register a case even before taking cognizance. If dissatisfied with the police, filing a private complaint is better than involving the police in the investigation. Inquiries at the preliminary stage don't involve the accused, and they can't participate until summoned.
3. Accused's Participation in Inquiry:
The accused has no right to participate in preliminary proceedings until summoned. The court's procedure involves examining the complainant and deciding whether to issue a process.
4. Mode of Summoning Accused:
The court can issue summons or bailable warrants instead of non-bailable warrants. The court has the power to take bonds for appearance at the preliminary stage.
5. Cognizance in Private Complaint:
The magistrate takes cognizance not to start the trial but to decide if it goes to a higher court or if the magistrate can proceed. An alternate remedy (like filing a private complaint) doesn't prevent the court from directing the police to register an FIR in appropriate cases.
6. Simultaneous Proceedings in Complaint & FIR:
Proceedings in a complaint and a police challan should be consolidated to avoid contradictory judgments. The complaint case should be taken up first, followed by the police challan case.
7. Alternate Remedy:
Having an alternate remedy doesn't stop the court from directing the police to register an FIR in suitable cases.
8. Fresh Complaint on Similar Facts:
Dismissing a complaint doesn't always bar a second complaint, especially if the first decision was on incomplete or misunderstood information. Exceptional circumstances may allow a second complaint if there are new facts.