Application to report an offence to Magistrate


Important points
  1. As per S. 190 of Cr PC, any Magistrate of First Class (or any Magistrate of Second Class specially appointed for this purpose by Chief Judical Magistrate) can take cognizance of any offence upon receiving a complaint, or upon a police report, or upon information received from any person other than a police officer, or upon his own knowledge.
  2. As per S. 193 of Cr PC, a Court of  Session cannot directly take cognizance of any offence. The JMFC may "commit" the case i.e. transfer the case to Court of Session if the offence is trialable only by Court of Session (S. 209).
  3. S. 200 specifies the procedure for complaining to a magistrate of any offence. 
  4. There is no prescribed form of a complaint. In general:
    1. the complaint should be about a non-cognizable offense (because for a non-cognizable offense, the police does not register FIR). For a congizable offence, if the police refuses to register FIR, a complaint may be made about it to the JMFC.
    2. it must be addressed to JMFC
    3. state facts relating to the offence
    4. must pray for action against the prepetrators
  5. Important IPC Sections under which complaint is usually made:
    Crime Cognizable? Bailable? Tried By
    False Evidence - 193 NC B JMFC
    False Charge - 211 NC B JMFC
    Adulteration of food - 272 NC B JMFC
    Water Pollution - 277 C B Any Magistrate
    Atmosphere - 278 NC B Any Magistrate
    Rash Driving - 279 C B Any Magistrate
    Negligent Conduct w.r.t. Poison - 284 C B JMFC
    Public Nuisance - 290 NC B Any Magistrate
    Murder - 302, Culpable Homicide N A Murder - 304 C NB Court of Session
    Death by rash or negligent Act - 304 A C B JMFC
    Dowry Death - 304 B C NB Court of Session
    Hurt - 323 NC B Any Magistrate
    Grievous Hurt - 325 C NB Any Magistrate
    Theft - 379, Robbery - 392 C NB Any Magistrate
    Criminal Breach of Trust - 406 C NB JMFC
    Defamation - 500 NC B Court of Session
    Criminal Intimidation - 506 NC B Any Magistrate


In the Court of Judicial Magistrate Ist Class at Indore

Criminal Complaint No. ... / 2009
A. B. s/o B. C.
123, A B Road, Indore, MP                            .........................................  Complainant

Vs.

M. N. s/o O. P.
456, A B Road, Indore, MP                            .........................................  Accused


Complaint of Offence under S. 506 (Criminal Intimidation) I P C
Complaint of Offence under S. 290 (Public Nuisance) I P C

The aforementioned complainant begs to state as under:-
  1. That the complainant is a resident of 123, MG Road, Indore.
  2. That the accused is a resident of 222, MG Road, Indore, which is in the same area.
  3. Since 10/10/2009, the accused and his friends have started playing cards on the street in front of the plaintiff's house every evening and late night.
  4. The accused and his friends create a lot of noise while playing and also shout obscenities at each other.
  5. Due to this behavior the plaintiff is not able to life peacefully in his house.
  6. The plaintiff has requested the accused several times to stop playing in front of or near his house but to no avail.
  7. The plaintiff also gave the respondent a written notice in this respect.
  8. The complainant, therefore, prays that –
    (a)  appropriate proceeding be initiated against the accused under Cr P C.
    (b)  the accused be stopped from continuing the nuisance in the residential locality.
    (c)  the accused be convicted of the offence under S. 290.
    (d)  the accused be ordered to pay compensation for medical treatment, mental agony to the amount of 100,00/-


Place: ………………….                                                                            (Signature of the Complainant)
Date: …………………..                                                                            


No Verification
 
No Notary