Private complaint. Private complaint in a State case, a legal remedy. Offence cognizable by Court of Sessions inquiry should be got conducted by Magistrate u/S. 202, it is not imperative for him to examine I.O. or look into case diaries of Challan case. A Court of law taking cognizance can summon persons complained against. PLJ 1999 Cr.C. 422. If some forgery is committed during pendency of a suit, party aggrieved would have two fold remedy, one in Civil Court and the other in criminal Court but any such thing arising in a Civil Court should first be settled in that Court and if the Civil Court eventually affirmed commission of forgery, it would be agitated before a criminal Court as well. 2000 PCr.LJ 1215. Court after recording statement of complainant ordered process against two of the accused but dismissed complaint against the authority. Trial Court passed order without recording evidence as provided u/S. 202. Accused as preliminary stage of inquiry has no locus standi to participate in proceedings. Procedure followed contrary to law. 2002 MLD 1880 (Kar).

Remedy of filing a private complaint could not take place as substitute of statutory right available to the petitioner. Relief of registration of case through the intervention of the High Court in writ jurisdiction, could not be refused. 2008 PCr.LJ 986.

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