414 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
e.g. An Assistant Collector writing to the District Magistrate complaining against a party but merely ‘solicited for orders’, did not amount to a complaint.
40 All. 641
It must be with a view to taking action under this Code.
A statement made to a Magistrate with the object of inducing him to take action not under this Code, but under Section 6 of the Bombay Gambling Act IV of 1887, is not a complaint within the meaning of this Section.
15 Cr. L. F. 657
II. W HO MAY COMPLAIN
As a general rule the person aggrieved is the complainant.
But the complainant is not an essential party for initiation of criminal proceedings.
The Magistrate can act upon information received or upon his own knowledge.
Although, if he does so act, he shall be bound by the provisions of Section 491.
But there are exceptions to the general Rule.
These exceptions will be found in Sections 195 to 199-A. Section 195 deals with
(a) Prosecution for contempts of lawful authority of public servants.
(b) Prosecution of certain offences against public justice.
(c) Prosecution of certain offences relating to documents given in evidence.
In cases coming under (a) No courts shall take cognizance except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate.
In cases coming under (b) No court (shall take cognizance)*
except on the complaint in writing of such Court or of some other Court to which such Court is subordinate.
- Inserted—ed.