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State of Madhya Pradesh - Section

Section 115 in Criminal Courts - Rules and Orders

115. The question of jurisdiction requires careful attention at the outset. Schedule II of the Code shows the classes of Courts by which offences are triable. In determining the nature of the offence, the facts ascertained by the examination of the complainant and the preliminary enquiry, if any are the chief matters to be taken into consideration, and importance should not be attached to the particular section specified or the offence alleged it to the complaint. It should also be remembered that certain offences cannot be taken cognizance of at all except upon the complaints of certain persons or Courts with the previous sanction of the Government (Sections 195 to 199-A of the Code).