Code:
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,—
(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
(b) if the complaint is not in writing, direct the complainant to the proper Court.
Explanation
This section deals with the situation where a complaint is filed before a Magistrate who lacks the jurisdiction to take cognizance of the offence. In such cases, the Magistrate is obligated to either return the complaint to the appropriate Court or direct the complainant to the correct Court.
Illustration
Suppose a person files a complaint alleging theft before a Judicial Magistrate First Class (JMFC) who does not have the jurisdiction to try such offences. The JMFC, under Section 224, will either:
- Return the complaint to the complainant with an endorsement directing them to present it to the appropriate Court, which might be a Sessions Court in this case.
- Direct the complainant to approach the Sessions Court directly.
Common Questions and Answers
Q: What happens if a complaint is filed before an incompetent Magistrate who proceeds with the case?
A: Such proceedings would be deemed illegal and void. The higher Court can quash the proceedings and order the case to be transferred to the competent Court.
Q: What is the purpose of this section?
A: This section ensures that complaints are filed before the proper court and helps maintain the integrity of the judicial process by preventing unnecessary delays and complications arising from jurisdictional issues.
