Justice Law Associates Hyderabad

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21/03/2024

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𝟏. 𝐓𝐨 𝐩𝐫𝐨𝐦𝐨𝐭𝐞 𝐭𝐡𝐞 𝐜𝐚𝐮𝐬𝐞 𝐨𝐟 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐢𝐨𝐧.
𝟐. 𝐓𝐨 𝐭𝐡𝐨𝐫𝐨𝐮𝐠𝐡𝐥𝐲 𝐬𝐜𝐫𝐮𝐭𝐢𝐧𝐢𝐳𝐞 𝐜𝐡𝐚𝐥𝐥𝐚𝐧𝐬 𝐑𝐞𝐩𝐨𝐫𝐭𝐬 𝐮𝐧𝐝𝐞𝐫 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝟏𝟕𝟑 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐫.𝐏.𝐂. 𝐢𝐧𝐜𝐥𝐮𝐝𝐢𝐧𝐠 𝐚𝐩𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬 𝐫𝐞𝐜𝐞𝐢𝐯𝐞𝐝 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞 𝐩𝐨𝐥𝐢𝐜𝐞 𝐬𝐭𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐜𝐨𝐧𝐧𝐞𝐜𝐭𝐢𝐨𝐧 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐚𝐫𝐫𝐞𝐬𝐭 𝐨𝐟 𝐨𝐟𝐟𝐞𝐧𝐝𝐞𝐫𝐬 [𝐏𝐨𝐥𝐢𝐜𝐞 𝐑𝐮𝐥𝐞𝐬 𝟐𝟕.𝟏𝟓(𝟏)].
𝟑. 𝐓𝐨 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐞, 𝐰𝐚𝐭𝐜𝐡 𝐨𝐫 𝐝𝐢𝐫𝐞𝐜𝐭 𝐭𝐡𝐞 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐢𝐨𝐧 𝐨𝐟 𝐜𝐚𝐬𝐞𝐬 𝐢𝐧 𝐜𝐨𝐮𝐫𝐭𝐬.
𝟒. 𝐓𝐨 𝐞𝐧𝐬𝐮𝐫𝐞 𝐭𝐡𝐞 𝐨𝐛𝐬𝐞𝐫𝐯𝐚𝐧𝐜𝐞 𝐨𝐟 𝐜𝐨𝐧𝐝𝐢𝐭𝐢𝐨𝐧𝐬 𝐚𝐧𝐝 𝐫𝐞𝐬𝐭𝐫𝐢𝐜𝐭𝐢𝐨𝐧𝐬 𝐨𝐟 𝐜𝐨𝐮𝐫𝐭𝐬 [𝐏𝐨𝐥𝐢𝐜𝐞 𝐑𝐮𝐥𝐞𝐬, 𝟐𝟕.𝟏𝟓(𝐢𝐢)].
𝟓. 𝐓𝐨 𝐞𝐧𝐬𝐮𝐫𝐞 𝐭𝐡𝐞 𝐨𝐛𝐬𝐞𝐫𝐯𝐚𝐧𝐜𝐞 𝐨𝐟 𝐚𝐥𝐥 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭𝐬 𝐨𝐫𝐝𝐞𝐫𝐬 𝐢𝐬𝐬𝐮𝐞𝐝 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐨𝐛𝐣𝐞𝐜𝐭 𝐨𝐟 𝐞𝐱𝐩𝐞𝐝𝐢𝐭𝐢𝐧𝐠 𝐝𝐞𝐜𝐢𝐬𝐢𝐨𝐧𝐬 𝐚𝐧𝐝 𝐩𝐫𝐞𝐯𝐞𝐧𝐭𝐢𝐧𝐠 𝐚𝐛𝐮𝐬𝐞𝐬.
𝟔. 𝐓𝐨 𝐬𝐮𝐩𝐞𝐫𝐯𝐢𝐬𝐞 𝐭𝐡𝐞 𝐭𝐫𝐚𝐧𝐬𝐦𝐢𝐬𝐬𝐢𝐨𝐧 𝐨𝐟 𝐰𝐚𝐫𝐫𝐚𝐧𝐭𝐬 𝐚𝐧𝐝 𝐬𝐮𝐦𝐦𝐨𝐧𝐬 𝐭𝐨 𝐭𝐡𝐞 𝐞𝐱𝐞𝐜𝐮𝐭𝐢𝐯𝐞 𝐩𝐨𝐥𝐢𝐜𝐞 𝐮𝐧𝐝𝐞𝐫 𝐭𝐡𝐞 𝐨𝐫𝐝𝐞𝐫𝐬 𝐨𝐟 𝐜𝐫𝐢𝐦𝐢𝐧𝐚𝐥 𝐜𝐨𝐮𝐫𝐭𝐬 𝐚𝐧𝐝 𝐭𝐨 𝐬𝐞𝐞 𝐭𝐡𝐚𝐭 𝐫𝐞𝐭𝐮𝐫𝐧𝐬 𝐭𝐨 𝐬𝐮𝐜𝐡 𝐩𝐫𝐨𝐜𝐞𝐬𝐬𝐞𝐬 𝐚𝐫𝐞 𝐦𝐚𝐝𝐞 𝐰𝐢𝐭𝐡𝐨𝐮𝐭 𝐝𝐞𝐥𝐚𝐲.
𝟕. 𝐓𝐨 𝐠𝐮𝐢𝐝𝐞 𝐭𝐡𝐞 𝐢𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐢𝐧𝐠 𝐨𝐟𝐟𝐢𝐜𝐞𝐫 𝐭𝐨 𝐫𝐞𝐦𝐨𝐯𝐞 𝐭𝐡𝐞 𝐥𝐞𝐠𝐚𝐥 𝐥𝐚𝐜𝐮𝐧𝐚𝐞 𝐝𝐮𝐫𝐢𝐧𝐠 𝐢𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧, 𝐬𝐨 𝐭𝐡𝐚𝐭 𝐛𝐞𝐬𝐭 𝐞𝐯𝐢𝐝𝐞𝐧𝐜𝐞 𝐢𝐬 𝐩𝐫𝐞𝐬𝐞𝐧𝐭𝐞𝐝 𝐢𝐧 𝐜𝐨𝐮𝐫𝐭.
𝟖. 𝐓𝐨 𝐞𝐱𝐚𝐦𝐢𝐧𝐞 𝐰𝐡𝐞𝐭𝐡𝐞𝐫 𝐭𝐡𝐞 𝐜𝐡𝐚𝐥𝐥𝐚𝐧 𝐡𝐚𝐬 𝐛𝐞𝐞𝐧 𝐩𝐮𝐭 𝐢𝐧 𝐜𝐨𝐮𝐫𝐭 𝐰𝐢𝐭𝐡𝐢𝐧 𝐭𝐡𝐞 𝐩𝐫𝐞𝐬𝐜𝐫𝐢𝐛𝐞𝐝 𝐩𝐞𝐫𝐢𝐨𝐝, 𝐚𝐬 𝐥𝐚𝐢𝐝 𝐝𝐨𝐰𝐧 𝐢𝐧 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝟏𝟕𝟓 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐫.𝐏.𝐂.
𝟗. 𝐀𝐬 𝐬𝐨𝐨𝐧 𝐚𝐬 𝐟𝐢𝐧𝐚𝐥 𝐫𝐞𝐩𝐨𝐫𝐭 𝐨𝐟 𝐢𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧 𝐮𝐧𝐝𝐞𝐫 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝟏𝟕𝟑 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐫.𝐏.𝐂. 𝐢𝐬 𝐫𝐞𝐜𝐞𝐢𝐯𝐞𝐝 𝐟𝐫𝐨𝐦 𝐩𝐨𝐥𝐢𝐜𝐞, 𝐢𝐭 𝐢𝐬 𝐭𝐡𝐞 𝐝𝐮𝐭𝐲 𝐨𝐟 𝐭𝐡𝐞 𝐩𝐮𝐛𝐥𝐢𝐜 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐨𝐫 𝐭𝐨 𝐯𝐞𝐭 𝐢𝐭 𝐦𝐢𝐧𝐮𝐭𝐞𝐥𝐲 𝐚𝐧𝐝, 𝐢𝐟 𝐟𝐨𝐮𝐧𝐝 𝐟𝐢𝐭, 𝐡𝐞 𝐬𝐡𝐨𝐮𝐥𝐝 𝐢𝐦𝐦𝐞𝐝𝐢𝐚𝐭𝐞𝐥𝐲 𝐬𝐞𝐧𝐝 𝐮𝐩 𝐭𝐡𝐞 𝐬𝐚𝐦𝐞 𝐭𝐨 𝐭𝐡𝐞 𝐜𝐨𝐮𝐫𝐭 𝐚𝐧𝐝, 𝐢𝐟 𝐟𝐨𝐮𝐧𝐝 𝐧𝐨𝐭 𝐟𝐢𝐭 𝐝𝐮𝐞 𝐭𝐨 𝐬𝐞𝐫𝐢𝐨𝐮𝐬 𝐥𝐞𝐠𝐚𝐥 𝐥𝐚𝐜𝐮𝐧𝐚𝐞, 𝐡𝐞 𝐦𝐚𝐲 𝐰𝐢𝐭𝐡𝐡𝐨𝐥𝐝 𝐭𝐡𝐞 𝐬𝐚𝐦𝐞 𝐝𝐢𝐫𝐞𝐜𝐭𝐢𝐧𝐠 𝐭𝐡𝐞 𝐢𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐢𝐧𝐠 𝐚𝐠𝐞𝐧𝐜𝐲𝐭𝐨 𝐫𝐞-𝐬𝐮𝐛𝐦𝐢𝐭 𝐢𝐭 𝐢𝐧 𝐭𝐡𝐞 𝐛𝐞𝐬𝐭 𝐦𝐚𝐧𝐧𝐞𝐫.
𝟏𝟎. 𝐓𝐨 𝐟𝐢𝐥𝐞 𝐫𝐞𝐯𝐢𝐬𝐢𝐨𝐧 𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧 𝐮𝐧𝐝𝐞𝐫 𝐬𝐞𝐜𝐭𝐢𝐨𝐧𝐬 𝟒𝟑𝟗 𝐚𝐧𝐝 𝟒𝟑𝟗-𝐀 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐫.𝐏.𝐂., 𝐩𝐫𝐨𝐯𝐢𝐝𝐞𝐝 𝐭𝐡𝐞 𝐢𝐦𝐩𝐮𝐠𝐧𝐞𝐝 𝐨𝐫𝐝𝐞𝐫𝐬 𝐦𝐞𝐫𝐢𝐭𝐬 𝐫𝐞𝐯𝐢𝐬𝐢𝐨𝐧.
𝟏𝟏. 𝐓𝐨 𝐩𝐫𝐞𝐩𝐚𝐫𝐞 𝐚𝐜𝐪𝐮𝐢𝐭𝐭𝐚𝐥 𝐚𝐩𝐩𝐞𝐚𝐥 𝐮𝐧𝐝𝐞𝐫 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝟒𝟏𝟕 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐫.𝐏.𝐂.
𝟏𝟐. 𝐓𝐨 𝐜𝐫𝐨𝐬𝐬-𝐞𝐱𝐚𝐦𝐢𝐧𝐞 𝐧𝐞𝐜𝐞𝐬𝐬𝐚𝐫𝐢𝐥𝐲 𝐭𝐡𝐞 𝐚𝐜𝐜𝐮𝐬𝐞𝐝 𝐚𝐜𝐜𝐨𝐫𝐝𝐢𝐧𝐠 𝐭𝐨 𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟒𝟒 𝐨𝐟 𝐐𝐚𝐧𝐮𝐧-𝐞-𝐒𝐡𝐚𝐡𝐚𝐝𝐚𝐭 𝐎𝐫𝐝𝐞𝐫, 𝟏𝟗𝟖𝟒 (𝐄𝐯𝐢𝐝𝐞𝐧𝐜𝐞 𝐀𝐜𝐭). 𝐈𝐭 𝐰𝐚𝐬 𝐧𝐨𝐭 𝐩𝐫𝐞𝐯𝐢𝐨𝐮𝐬𝐥𝐲 𝐝𝐨𝐧𝐞 𝐬𝐨.
𝟏𝟑. 𝐀𝐜𝐜𝐨𝐫𝐝𝐢𝐧𝐠 𝐭𝐨 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝟐𝟑𝟐 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐫.𝐏.𝐂., 𝐰𝐡𝐞𝐧𝐞𝐯𝐞𝐫 𝐚 𝐜𝐡𝐚𝐫𝐠𝐞 𝐢𝐬 𝐚𝐥𝐭𝐞𝐫𝐞𝐝 𝐨𝐫 𝐚𝐝𝐝𝐞𝐝 𝐛𝐲 𝐭𝐡𝐞 𝐜𝐨𝐮𝐫𝐭 𝐚𝐟𝐭𝐞𝐫 𝐭𝐡𝐞 𝐜𝐨𝐦𝐦𝐞𝐧𝐜𝐞𝐦𝐞𝐧𝐭 𝐨𝐟 𝐭𝐫𝐢𝐚𝐥, 𝐭𝐡𝐞 𝐩𝐮𝐛𝐥𝐢𝐜 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐨𝐫 𝐢𝐬 𝐞𝐦𝐩𝐨𝐰𝐞𝐫𝐞𝐝 𝐭𝐨 𝐫𝐞𝐜𝐚𝐥𝐥 𝐨𝐫 𝐬𝐮𝐦𝐦𝐨𝐧 𝐚𝐧𝐝 𝐞𝐱𝐚𝐦𝐢𝐧𝐞 𝐭𝐡𝐞 𝐰𝐢𝐭𝐧𝐞𝐬𝐬 𝐰𝐢𝐭𝐡 𝐫𝐞𝐟𝐞𝐫𝐞𝐧𝐜𝐞 𝐭𝐨 𝐬𝐮𝐜𝐡 𝐚𝐥𝐭𝐞𝐫𝐚𝐭𝐢𝐨𝐧 𝐨𝐫 𝐚𝐝𝐝𝐢𝐭𝐢𝐨𝐧.
𝟏𝟒. 𝐀𝐜𝐜𝐨𝐫𝐝𝐢𝐧𝐠 𝐭𝐨 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝟐𝟔𝟓 𝐂𝐫.𝐏.𝐂, 𝐢𝐧 𝐞𝐯𝐞𝐫𝐲 𝐭𝐫𝐢𝐚𝐥 𝐛𝐞𝐟𝐨𝐫𝐞 𝐚 𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐒𝐞𝐬𝐬𝐢𝐨𝐧𝐬, 𝐭𝐡𝐞 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐢𝐨𝐧 𝐬𝐡𝐚𝐥𝐥 𝐛𝐞 𝐜𝐨𝐧𝐝𝐮𝐜𝐭𝐞𝐝 𝐛𝐲 𝐚 𝐩𝐮𝐛𝐥𝐢𝐜 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐨𝐫.
𝟏𝟓. 𝐀𝐬 𝐩𝐞𝐫 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝟒𝟗𝟒 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐫. 𝐏.𝐂, 𝐭𝐡𝐞 𝐩𝐮𝐛𝐥𝐢𝐜 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐨𝐫 𝐦𝐚𝐲, 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐜𝐨𝐧𝐬𝐞𝐧𝐭 𝐨𝐟 𝐭𝐡𝐞 𝐜𝐨𝐮𝐫𝐭 𝐛𝐞𝐟𝐨𝐫𝐞 𝐭𝐡𝐞 𝐣𝐮𝐝𝐠𝐞𝐦𝐞𝐧𝐭 𝐢𝐬 𝐩𝐫𝐨𝐧𝐨𝐮𝐧𝐜𝐞𝐝, 𝐰𝐢𝐭𝐡𝐝𝐫𝐚𝐰 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐢𝐨𝐧 𝐚𝐧𝐲 𝐩𝐞𝐫𝐬𝐨𝐧 𝐭𝐫𝐢𝐞𝐝 𝐟𝐨𝐫 𝐭𝐡𝐞 𝐨𝐟𝐟𝐞𝐧𝐜𝐞𝐬.

19/03/2024

01/03/2024

▪️سرٹیفیکیٹ جانشینی کا حصول

▪️Procedure of Succession Certificate

The relevant law applicable in this process is Succession act 1925. Section 370 to 390 of succession act 1925 deals with this certificate.

Succession Certificate Requirements

How To Get Succession Certificate To Withdraw Money From Deceased Account.

Basically, succession certificate is registered document which is required when person dies leaving behind money in bank account, bonds or shares in company.

Once legal heirs gets this certificate they can withdraw money from deceased account in Pakistan. But without having succession certificate for bank account from competent court, the banks do not allow legal hairs to get money.

It is a mandatory requirement of financial institution, that legal heirs must have succession certificate in Pakistan.

In order to get this certificate a proper case is filled in civil court.

This Succession certificate allows the heirs to withdraw movable properties from financial institution. So this certificate will not serve you any purpose if the deceased had immovable properties like land, building etc. So if anyone told you that he can get succession certificate for immovable property in Pakistan. Well he telling you a lie. For that heir-ship certificate is obtained from the court.

This succession certificate establishes the right of heirs and determines their share in the property. It also gives them the authority to withdraw the money or securities and transferred them in their own name.

The relevant law applicable in this process is Succession act 1925. Section 370 to 390 of succession act 1925 deals with this certificate.

Succession Certificate Requirements

These documents required for succession certificate in Pakistan and are attached at the time of initiating this civil suit.

1. Death certificate of the deceased
2. CNIC (Identity Card) of the deceased
3. CNIC (Identity Card) of the heirs
4. Notices and public advertisement
5. Statement of the all heirs or any one of them
6. One independent witness

The Procedure for getting certificate is quite simple.

Procedure of Succession Certificate

Usually a ready made form is available in courts which is used to get money from deceased account. The heirs have to fill them while mentioning the description of all movable properties which they want to withdraw.

If that form is not available then a plaint have to be filled explaining all the facts which led the heir to file this suit.

(1) On first hearing the court will order for the notices in the public newspaper as a advertisement.


(2) On second hearing the copy of advertisement is submitted in the court and further order of recording of evidence are passed.

(3) On third hearing the statement of one heir and his independent witness (who is well acquainted with the facts of the case) are recorded.

(4) Fourth hearing is fixed to hear the arguments and after that the order for granting the succession certificate are passed, only if the court is satisfied.

This whole process takes about 1 to 2 month.

When the certificate is received the heirs can take the original copy to the concerned institution and can withdraw the asses or transfer them in their own name.

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Complete sketch of CR.P.C.

INQUIRY -INVESTIGATION & TRIAL.


INTRODUCTION

INQUIRY
I- DEFINITION OF INQUIRY ACCORDING TO SECTION 4(1)(K)

II- AUTHORITY TO CONDUCT INQUIRY

III- OBJECT OF INQUIRY

IV- NOT AN EXHAUSTIVE DEFINITION

INVESTIGATION
I- DEFINITION U/SEC 4(1)(L)

II- NATURE OF INVESTIGATION

III- OBJECT OF INVESTIGATION

IV- AUTHORITY TO INVESTIGATE

V- COMMENCEMENT OF INVESTIGATION
The investigation commences in the following two ways
i) When FIR is lodged
ii) When complaint is made to the magistrate then any person authorized by the magistrate can conduct the investigation.

TRIAL
I- DEFINITION

“A formal examination of evidence in a court of law in order to decide if a person is guilty of a crime or not”

II- PRESUMPTION REGARDING TRIAL

III- COMMENCEMENT OF TRIAL

IV- PROCEDURE FOR TRIAL
Procedure for trials has been provided by the different provisions of CrPC as under;
i) Trials by magistrate section 241-250
ii) Summary Trial section 260-265
iii) Trial by High Court and Court of Session 265-A to 265-N
V- END OF TRIAL

DIFFERENCE BETWEEN INQUIRY, INVESTIGATION AND TRIAL
I- AS TO COMMENCEMENT OF
INQUIRY

It commences when complaint is field to the magistrate.

Investigation
It commences when FIR is lodged or complaint is made to the magistrate.
Trial
It starts either by framing of charge or arrangement of the arraignment of the accused.

II- PRESUMPTION AS TO COMMISSION OF OFFENCE
Inquiry

There is no presumption as to commission of an offence.
Investigation.

There is no presumption as to commission of an offence.
Trial
Trial pre-supposes the commission of an offence.

III- AS TO DEFINITION
Inquiry
The term inquiry is defined by CrPC.
Investigation Investigation has been defined by CrPC as to collection of evidence.
Trial
The expression trial has not been defined by CrPC.

IV- END OF PROCEEDINGS
Inquiry If evidence is not found then it can be discharged.
Investigation
If evidence is not found then it can be discharged.
Trial
it either ends in conviction or in acquittal.

V- CONDUCTING AUTHORITY
Inquiry
It can be conducted by a magistrate or the court.

Investigation
it can be conducted by a police officer or any person authorized by a magistrate.
Trial
it can be conducted by a magistrate or judge.

VI- PURPOSE
Inquiry
its purpose is to ascertain the truth or falsity of facts of the case.
Investigation
its purpose is the collection of evidence regarding the guilt of the accused or otherwise.

Trial
its purpose is to determine the guilt of the accused beyond shadow of doubt or otherwise.

VII-
BAR TO SUBSEQUENT PROCEEDINGS
Inquiry
It can be conducted again.
Investigation
It can be conducted again.
Trial
The trial bars the subsequent proceedings under principal of no double jeopardy.

Physical Remand and Judicial Remand
Remand under section 167 Cr.P.C. Pakistan,

What is Physical Remand and Judicial Remand

To send a prisoner back to the custody-the act of sending back (a prisoner) into custody. [Encyclopedia law dictionary]

The act of an appellate court when it sends a case back to the trial court to conduct entirely new hearing or an entirely new trial or to take some other further action.

Section 167 of Cr.P.C. throws light on remand but other section 61,62,167,173 and 344 Cr.P.C. are also relevant.

In simple words police is duty bound to complete the investigation with in 24 hours and if police fails to complete the investigation then police must present the arrested person to the magistrate along with application of physical remand.

There are two types of remand i.e. physical remand and judicial remand. When accaused is sent to custody of police by magistrate it is called physical remand and when the accused is sent to judicial lock-u/jail it is called judicial remand. Weather to send a person on physical remand or judicial remand is an total discretion of magistrate but higher court laid down following grounds which a magistrate should follow.

1) Discharge the accused at once on the ground that there is no cause shown for further detention.

2) Remand him to police custody for term not exceeding 15 days in whole and send copy of his order which reasons for making it to the Sessions judge.

3) Proceed at once to try accaused himself.

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1-FIR 154 or Direct complaint 200
2-Investigation 156 or inquiry 202.
3-Record of statement and confession 161,164
4)Physical Or police remand 167,,,,344…)
5)Challan submission of 173,under following modes;
Section 169-Release of accused when
evidence deficient Section 170-Case to be sent to magistrate when evidence are sufficient
Section 512-Record of evidence in Absence of
accused.....

6) Quashing of FIR … 561 A )
7)Taking cognizance 190…
8)Issue of process 204,204,,
9)Bailable offence 496 Non-bailable 497..
10)The Framing of Charge 221 to 240..
11)Speedy acquittal 249 A,,265K,,,561A…
After hearing the prosecutor and accused counsel and reasons be recorded..)
12)Pleading guilty….. 243,,,,, 265E…
Beginning of Prosecution evidence …
1)Examination of accused 342……
Beginning of defense evidence..340
Summoning up evidence….
Judgment …
2)Acquittal 245/ 265H….
or conviction 245(2), 265H(2)
Appeal.......
(1)Appeal to court of session against sentenced Passed by the Assistant Session Judge or Judicial Magistrate Section 408
(2)Appeal to to High Court Against Sentenced Passed by Session or Additional Session Judge Section 410