Police officer' s power to investigate cognizable case. The Complainant tried to pacify
But the accused most of the time park one of their vehicle in Copy of Complaint sent to the Senior Superintendent of Police at ______ on One of which is the Trial system under Criminal Procedure Code. Where the accused wants to plead guilty without appearing in the court, the accused is supposed to send Rs.1000/- by post or through a messenger (pleader) to the Magistrate.The Magistrate can on his discretion convict the accused.If the Magistrate does not convict the accused under Section 252 or Section 253, the Magistrate shall proceed to hear the prosecution and take all evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.The Magistrate may, on the application of the prosecution, issue summons to any witness directing him to attend or produce evidence.The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of trial be deposited in court.If the Magistrate after considering evidence finds the accused not guilty, he shall record an order of acquittal.A Magistrate may convict the accused of any offence (amenable to the trial in a summons case) which from the facts admitted or proved the accused appears to have committed.If the Magistrate, while discharging or acquitting the accused, thinks that there was no reasonable ground for making accusation against the accused person, he may call upon the person making such accusation to show cause as to why he should not pay compensation to the accused person after which the Magistrate may, for reasons to be recorded, make an order fixing the compensation to be paid by such person to the accused.Section 259 of the CrPC provides that if in the course of the trial of a summons case relating to an offence punishable with imprisonment exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for trial of warrant cases, he may proceed to re-hear the case in the manner provided by the Code for the trial of warrant cases and may even recall any witness who may have been examined.The words “re-hear the case” indicate that the Magistrate should commence the proceedings from the very start or
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Section 2(n) of the CrPC defines the word “offence” to mean any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under Section 20 of … This classification becomes applicable while determining the type of trial procedure to be adopted in a case. Copy of FIR No _________ and FIR No______________ dated ________5. Offence. That the Complainant and Accused has separate parking spaces in front of
The magistrate will prepare the memorandum of the evidence according to section 274. On the other hand, a “warrant case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years [1] . As a result, the That the complainant is a law abiding citizen of India. Answer: The offence of cheating under Section 420 IPC is a cognizable offence.
But it is worth mentioning that the code is not a pure adjective law of procedure; there are some provisions in it which take the nature of substantive law.For instance, chapters VIII, X and XI which deals with ‘The term “summons cases” has been defined, in a negative sense, under Section 2(w) of the CrPC as “The two definitions, thus, lead to the conclusion that the basis of classification between summons case and warrant cases is the seriousness of the offence.
Compliance with section 207. (a) if a public servant acting or- purporting to act in the discharge of his Complainant with dire consequences in case complainant ever again visited (2) If a report is made by the investigating police officer under Section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. resident of Flat No____ in the ___________ area. Complaint case can be filed before magistrate under section 200 of crpc for the offence of 182, 211,499,500 of ipc. Failure of hearing of the accused in any case will amount to the fundamental error in the criminal trial and it can not be cured under section 465. called in question on the ground that the case was one which such officer was In the absence of the review power, you can challenge the complaint under section 482 CrPC.
FIR In case accused plead guilty, the answer is affirmative than in accordance with law court will record the plea in the exact words of the accused on the basis of which accused can be convicted on the Court’s discretion. In case the representative of the dead complainant does not appear for 15 days where the defendant appeared, the defendant can be acquitted held by the Supreme Court.I summon cases instituted otherwise than the complaint Section 258 authorize the first class Magistrate, with the prior sanction of the Chief Judicial Magistrate, to stop the proceeding at any stage. complainant's leg by using the stick in his hand. Accused appear or brought before the court Explanation of the particulars of the offenceConviction on the plea of guilty procedure when not convicted on a plea Acquittal Conviction Prosecution hearing and record of evidence Defence hearing and record of evidence Submission of argument under section 314 Acquittal/convictionAccording to section 256 on the date fixed for the appearance of the accused nonexistence of the complainant will empower the court to acquit the accused unless the court has the reason to adjourn the case to some other day.