COMPLAINTS TO MAGISTRATE

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Created on August 03, 2022 By JudicialDream™

COMPLAINTS TO MAGISTRATE

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1. Under section 200 Cr.P.C recording of pre-summoning evidence may be dispensed with if

The complaint is supported by an affidavit of the complainant

The complaint is made in writing by a public servant

The Magistrate feels that ends of justice require pre-summoning evidence to be dispensed with

None of the above

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2. If a complaint in writing is made to a Magistrate who is not competent to take cognizance of the offence

He shall dismiss the complainant

He shall punish the complainant

He shall decide the complaint

He shall return it for presentation to the proper court with a endorsement to that effect

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3. Under section 202, the Magistrate, on receipt of a complaint, may postpone the issue of process against the accused and

Inquire into the case himself

Direct an investigation to be made by a police officer/any other person

Both (a) and (b)

Only (a)

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4. If it appears to the Magistrate that the offence complained of is triable exclusively by the Sessions Court, he, under section 202, postponing the issue of process against the accused

Shall commit the case to Sessions Court

Shall call upon the complainant to produce all his witnesses and examine them on oath

May direct an investigation to be made by a police officer

Shall return the complaint for presentation before the Sessions Court

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5. Which of the following Magistrates can issue process?

A Magistrate who has taken cognizance

A Magistrate to whom case has been transferred

Both (a) and (b)

Only (a)

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6. Under which of the following sections of the CrPC the Magistrate shall dismiss the complaint?

Section 201

Section 202

Section 203

None of the above

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7. Dismissal of complaint under section 203 results into

Bar to rehearing by the same Magistrate

Bar to rehearing by any other Magistrate

Bar to rehearing a fresh complaint on the same facts

No bar to rehearing a fresh complaint on the same facts

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8. In which of the following cases, a complaint cannot be dismissed

If proceedings are one commenced against the accused after he is summoned

Absence of complainant in a summons case

Unexplained delay

All of the above

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9. Under Section 203 of the Code of Criminal Procedure, a Magistrate may dismiss a complaint

If upon the statement of the complainant recorded under section 200, he finds that no offence has been committed

If he distrusts the statement made by the complainant

Both (a) and (b)

Only (a)

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1. Under section 200 Cr.P.C recording of pre-summoning evidence may be dispensed with if
   a) The complaint is supported by an affidavit of the complainant
   b) The complaint is made in writing by a public servant
   c) The Magistrate feels that ends of justice require pre-summoning evidence to be dispensed with
   d) None of the above
2. If a complaint in writing is made to a Magistrate who is not competent to take cognizance of the offence
   a) He shall dismiss the complainant
   b) He shall punish the complainant
   c) He shall decide the complaint
   d) He shall return it for presentation to the proper court with a endorsement to that effect
3. Under section 202, the Magistrate, on receipt of a complaint, may postpone the issue of process against the accused and
   a) Inquire into the case himself
   b) Direct an investigation to be made by a police officer/any other person
   c) Both (a) and (b)
   d) Only (a)
4. If it appears to the Magistrate that the offence complained of is triable exclusively by the Sessions Court, he, under section 202, postponing the issue of process against the accused
   a) Shall commit the case to Sessions Court
   b) Shall call upon the complainant to produce all his witnesses and examine them on oath
   c) May direct an investigation to be made by a police officer
   d) Shall return the complaint for presentation before the Sessions Court
5. Which of the following Magistrates can issue process?
   a) A Magistrate who has taken cognizance
   b) A Magistrate to whom case has been transferred
   c) Both (a) and (b)
   d) Only (a)
6. Under which of the following sections of the CrPC the Magistrate shall dismiss the complaint?
   a) Section 201
   b) Section 202
   c) Section 203
   d) None of the above
7. Dismissal of complaint under section 203 results into
   a) Bar to rehearing by the same Magistrate
   b) Bar to rehearing by any other Magistrate
   c) Bar to rehearing a fresh complaint on the same facts
   d) No bar to rehearing a fresh complaint on the same facts
8. In which of the following cases, a complaint cannot be dismissed
   a) If proceedings are one commenced against the accused after he is summoned
   b) Absence of complainant in a summons case
   c) Unexplained delay
   d) All of the above
9. Under Section 203 of the Code of Criminal Procedure, a Magistrate may dismiss a complaint
   a) If upon the statement of the complainant recorded under section 200, he finds that no offence has been committed
   b) If he distrusts the statement made by the complainant
   c) Both (a) and (b)
   d) Only (a)

ANSWER 1. B 2. D 3. C 4. B 5. C 6. C 7. D 8. D 9. C