Section 200 of Code of Criminal Procedure, 1973, allows a person to register his Complaint with the Magistrate under whose jurisdiction the crime was commissioned. Although, the headnote of the provision says “Examination of Complainant,” – it literal meaning is – the Complainant – if he reduced his Complaint in written and presented before the jurisdiction Magistrate in proper and prescribed format, the Court then record his statement under oath [also called Sworn Statement] together with the Witnesses he produced in the Court. Before taking Sworn Statement, the Court takes up the Complaint under Criminal Miscellaneous Petition [CMP] and number it.

The Court then assess whether the case was made out from the Written Complaint vis-à-vis the recorded statement and the documents submitted therein and it see prima facie the offence as alleged by the Complainant was factually correct or not.

If correct, it allow the Petition by numbering it as Calendar Case and directs the Complainant to file process for summoning the Accused under Section 204 of Cr.P.C.

If the Complaint fails to win the confidence of the Court or for some other technical reasons, the Court found sufficient reasons for its dismissal and it would do so under Section 203 Cr.P.C.

It must be seen from the dismissal order of the Complaint – on what grounds does the Court arrive at a conclusion of dismissing the Petition. [It is very important for the Courts – be it a Lower Court or the Sessions Court or the High Court – any Petition that comes to it for its Order must give in detail for its admission as well for its dismissal.]