Criminal Complaint Should Not Merely Mention Section & Its Language, Must Disclose Particulars Of Offences & Role Played By Each Accused
Case: Adnan Hassan Khan & Others V Irshad Ahmad Kamili & Anr
Coram: Justice Sanjay Dhar
Case No.: CRM(M) No.265/2021
Court Observation: “In order to lodge a proper complaint, mere mention of the sections and language of these sections is not all that is needed. What is required to be brought to the notice of the court is the particulars of the offences committed by each and every accused and the role played by each and every accused in commission of those offences…Unless specific allegations are made against the accused, it cannot be stated that they are involved in the alleged offences.”
“Before issuing a process against an accused, a Magistrate has to apply his judicial mind to the material on record and thereafter record his prima facie opinion as to which offence is made out against the accused. In the instant case, the learned Magistrate, though, has passed a detailed order which is impugned herein, yet it has not occurred to the mind of the learned Magistrate that the allegations against the petitioners in the impugned complaint as well as in the material before him are absolutely vague and lacking in material particulars. The said order, therefore, is not sustainable in law.”
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Keywords
Criminal Complaint, Disclose Particulars Of Offences
