Model order under section 201 of the Code of Criminal Procedure, 1898(ACT NO. V OF 1898)
Model order under section 201 of the Code of Criminal Procedure, 1898(ACT NO. V OF 1898)
Seen. Perused the case
record with complaint, deposition of the complainant and the deposition given by
witness number 01 and 02 named X and Y respectively. In section 201 of the Code of Criminal Procedure, 1898(ACT
NO. V OF 1898), it has been clearly mentioned:
“Procedure
by Magistrate not competent to take cognizance of the case
201.(1)
If the complaint has been made in writing to a Magistrate who is not competent
to take cognizance of the case, he shall return the complaint for presentation
to the proper Court with an endorsement to that effect.
(2)
If the complaint has not been made in writing, such Magistrate shall direct the
complainant to the proper Court.”
As after perusing the
case record along with the depositions (as mentioned above) it appears before
the court that the alleged offence has not been committed within the
jurisdiction of this court. So as per section-201 of the Code of Criminal Procedure, 1898 this court is returning the complaint to the complainant
and at the same time the complainant is directed to present the complaint to
the proper Court as per law.
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