Challan of Case (U/S 173 Cr.Pc)
4. Supply of Documents to the accused 7 days before the framing of charge (U/S 241 A)
5. Framing of Charge (U/S 242 Cr.Pc)
6. Fixing matter for evidence & notice to the complainant, witnesses & others who are required for witnesses according to the investigation documents.
7. Evidence of complainant side (U/S 540 Cr.Pc) & Cross Questions by the A
dvocate of accused side.
8. After the closing side of complainant evidence matter will be fixed for statement of accused (U/S 244 A)
9. Arguments by the council of accused & after it the arguments of council of complainant.
10. Judgment (Acquit U/S 245(1) OR Conviction U/S 245(2) Cr.Pc)
ILLUSTRATION:
PROCEDURE FOR LODGING OF CRIMINAL CASE.
1. Registration of Criminal Cases
SOURCES:
a. Direct lodging of FIR before the Police
b. Through Court by way of the filing of the petition U/S 22-A & 22-B Cr.Pc
c. Through High Court by way of filling Constitutional Petition U/A 199
OTHER SOURCES:
a. Direct complaint U/S 200 Cr.Pc
2. Investigation (157 To 173 Cr.Pc)
a. After lodging of FIR the Police will hand over the case to the Investigation officer U/S 157 Cr.Pc & the investigation officer will held investigation U/S 159 Cr.Pc and he will produce the all witnesses necessary in the case U/S 160 Cr.Pc. Thereafter the investigation officer will record the statement of the all witnesses U/S 161 Cr.Pc, if he will think that any witness is necessary for the recording of his statement before the Court he will produce to it before the court having jurisdiction and same court will record his statement U/S 164 Cr.Pc. If during investigation any police officer thinks that any material evidence or any recovery is present at any place or person he can search to that person or place U/S 165 Cr.Pc. U/S 168 Cr.Pc any Police Officer can hand over the investigation of any case to his sub ordinate police officer. The all documents of investigation will be produced by investigation officer to the concerned court which has been collected by him during investigation against the accused or against the complainant
f. If the investigation officer thinks fit that the case has been completely investigated by him and the accused has been proved innocent he will released the accused U/S 169 Cr.Pc and will submit the report to the concerned court for summary order U/S 170 Cr.Pc. U/S 173 Cr.Pc the investigation officer if thinks fit that the accused are not innocent and they have committed the alleged offence he will challan to them and after it the matter will be closed for further investigation. INVESTIGATION IN DIRECT COMPLAINANT:
a. Examination of the complainant and witnesses U/S 200 Cr.Pc
b. Thereafter the Magistrate will held the preliminary inquiry U/S 201, 202 Cr.Pc
c. U/S 203 Cr.Pc if the Magistrate Or any Judge thinks fit that the evidence is insufficient he will dismiss the complaint. U/S 204 Cr.Pc if the Magistrate or Judge thinks fit that the evidence is sufficient he will issue process / notices to the accused side and will register the complaint on regular file.
3. CHALLAN (173 Cr.Pc)
U/S 173 Cr.Pc the produced Challan by the investigation officer of Police will consist on the following points. All accused may be Challan or any one or more of one will be Challan. Un-challenged person will be kept in the column 2 of Challan. PROCEDURE FOR THE CALLING OF ACCUSED OF UN CHALLANED OR COLUMN # 2. U/S 190 Cr.Pc the application will be filed on behalf of the complainant before the Magistrate and Magistrate will issue process to the accused and if the Magistrate deems fit that the accused are liable to challan the Magistrate will pass the order of the challan of accused and case will be preceded against them.
4. SUPPLY OF DOCUMENTS (241 A Cr.Pc)
It is the duty of Court that after calling of accused before court the Magistrate will hand over the all investigation documents to the accused U/S 241 A to the accused before the framing of charge due reason that the accused can deem that which allegations has been made against him in the case and after it the same accused will be prepare for the answer of charge which is against him.
5. FRAMING OF CHARGE: (242 Cr.Pc)
The Magistrate will call the accused before the court and will ask the question that leveled allegations in case are true or false, if the accused admit the alleged offence the Magistrate will convict to the accused U/S 243 and if the accused does not admit the same offence the case will be held against him as per above mentioned procedure.
6 & 7 EVIDENCE (U/S 540 Cr.Pc)
b. Notice to the complainant for the evidence and so also notice to the material witnesses of the complainant. If any one of accused is not present before the court the evidence against him will not be taken place and if the one or some of the accused don’t appear before the court, the court will adopt the procedure U / S 87 for proclamation of the same absconding person and thereafter the court will issue order for the attachment of the property of same accused U/S 88 Cr.Pc. After all above procedure if the any of accused can not appear before the court, the court will separate the challan of the coming accused and will precede the matter in absence of other accused. If any one of accused can not appear before the court due to any compulsion the Advocate of same accused will file application to the court U / S 540 A and case will be preceded in the absence of same accused. When the complainant side comes into the court for evidence it is the duty of Advocate of accused that he may put up cross questions in defense of accused which may be called as cross examination. After examining of all material witnesses of the complainant the Advocate of complainant will file APPLICATION FOR THE CLOSING OF SIDE of the complainant evidence.
8. STATEMENT OF THE ACCUSED
After completing the evidence of the complainant side the court will held the matter for the statement of accused, in which the accused will define that why the complainant has filed the present case against him and why the witnesses have given evidence against him, means that the accused will prove that which is enmity is between the accuse, complainant and witnesses which is the cause of criminal case and evidence.
9. ARGUMENTS BY THE COUNCIL OF ACCUSED & COMPLAINANT
It is settled law that during the arguments the Advocate of accused will first express his arguments in favor of accused and thereafter the Advocate of the complainant will express his arguments in favor of complainant and matter will be fixed for judgment.
10. JUDGMENT
At the stage of Judgment if any judge reaches at that conclusion that the accused are liable to convict the same judge will pass judgment U / S 245 (1) Cr.Pc and if the same judge deems that the accused are liable to release on benefit of doubt he will Acquit to the accused U / S 245 (2) Cr.Pc but if any Judge deems that the accused are totally innocent he will Acquit to the accused U / S 249 A Cr.Pc.
