We know that a Judicial Magistrate has the power to treat applications filed u/s 156(3) Cr.P.C. as private complaints filed u/s 200 Cr.P.C., based on his discretion. However, such power has it’s own exceptions, which has been discussed in this video – Exceptions- Magistrate’s power to convert S. 156(3) petition into Complaints filed u/s 200 Cr.P.C.
However, we might be of the opinion that when some or all of the accused person(s) are unknown/ unidentified, the Magistrate cannot proceed with a private complaint as a private complaint case or cannot treat an application filed u/s 156(3) Cr.P.C., as a private complaint, since there is no details available as to who the accused person(s) is/are. But, in this regard, the Karnataka High Court has in the case of Shivakumar v. Vijaykumar (Crl. Petition No. 200989/ 2012, Dt. 07.09.2022), observed that it is possible for the Magistrate to use the material available, the statement of the complainant and witnesses, if any, and the enquiry report u/s 202 Cr.P.C., inorder to arrive at a finding as to who may be the unidentified accused.
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