Complaint | Case Reference

COMPLAINT

Complaint by an Attorney

It is a settled principle of criminal law that any person having knowledge of any of- fence may set the law in motion by making a complaint to the appropriate authority even though he is not personally aggrieved.

The holder of a duly constituted power of attorney is competent to file and prosecute a criminal case on behalf of the grantor before a competent Court and he is entitled to do every necessary thing in that connection on behalf of the grantor-Code of Criminal Procedure, 1898 (V of 1898) Section.3(h). Tamizul Haque Vs. Anisul Haque, 16 BLD(AD)206

Ref: Halsbury's Laws of England (4th Ed.) P. 438, Paras-730 and 731; A.I.R. 1916 (Bombay) 155; A.I.R. 1930(Bombay) 511; A.I.R. 1959 Bombay 386-Cited

Complaint

Summons to produce document or other thing

For the purpose of enquiry into a com- plaint no formal case or F.I.R. is necessary before a police officer can apply for permission to the Sessions Judge for and seizure of any document. But before according permission the Sessions Judge will have to satisfy himself that the police officer is investigating on an alleged offence and is not merely fishing for information to harass, intimidate or coerce innocent persons-Code of Criminal Procedure, 1898 (V of 1898) Section 94

Messrs Hamidia Oil Mills Vs. District Anti-Corruption Officer, Chittagong and ors, 16BLD(AD)220

Complaint

Appearance of the accused in a complaint case

In a complaint case, on the first date fixed for appearance of the accused as well as on each subsequent date to which the hearing may be adjourned, the complainant (if he is not a public servant) must personally appear before the Court and that in case of the failure of the complainant to appear in the Court on any such date, it is imperative for the Magistrate to acquit the summoned accused persons unless for some reasons the Magistrate thinks it proper to adjourn the hearing of the case to some other date.

Md. Ayub Ali Bangali Vs. Mia Munir Ahmed, 13BLD(HCD)224. Ref: A.I.R. 1948 (Madras) 45; 36 DLR. 349 Cited

Dispose of the complaint within six months- The original complaint was filed in the year 2013, we direct the Board to dispose of the complaint within six months from today. We also grant liberty to the complainant, if so required, to make an application before the Board for an appropriate interim order after completion of the pleadings and in which case, the Board may dispose of the application within three months. .....Gail (India) Ltd -VS- Petroleum and Natural Gas Regulatory Board, [1 LM (SC) 625]

Complaint-If in the peculiar facts of a case Tribunal is satisfied that nothing less than a threadbare investigation is needed for detection of the crime and the criminals it has no choice but to exercise its inherent power and send back the complaint- petition to the police station with direction to treat the same as an FIR and cause investigation to be made by any competent police officer (other than the one who refused to accept the complaint) or by an officer belonging to any other specialized investigating agency. The power to make such direction must not be limited to any stage or difference of title of the information upon which the proceedings was started, FIR or complaint precisely for the reason that justice is the raison d'etre of a court or tribunal and no law, however clear in meaning, seeking to deter the court/tribunal in passing any order for securing ends of justice can stand without being indicted. Anjuara Khanam @ Anju vs State (Full Bench), 68 DLR 466

In order to constitute a complaint, an allegation must be made to a Magistrate. Such an allegation does not include the report of the police officer. - The State Vs. Aynuz-zaman, 7 BLD 100 (AD).

নালিশ হতে হলে ম্যাজিস্ট্রেটের নিকট অবশ্যই অভিযোগ করতে হবে। তবে এইরূপ অভিযোগ পুলিশ রিপোর্ট অন্তর্ভুক্ত করে না। - The State Vs. Aynuz-zaman, 7 BLD 100 (AD).

The word “report” in section 25 of the Securities and Exchange Ordinance 1969 instead of the word “complaint” signifies that cognizance of an offence under this Ordinance can be taken on the basis of a report and not on the basis of a “complaint” as defined in section 4(h) of the Code.

Shainpukur Holding Ltd vs Security Exchange Commission 3 BLC 148.