In Criminal Laws, there are few stages in Trial and they differ according to the status of the Complainant – if the Complaint before the Court instituted by the Police, then the procedure is bit longer and when the Complainant is a private person or a statutory bodies then the procedure is short. Firstly, framing […]
Be it Civil or Criminal, Family or Labour or Company, the Court has to progress with the case it handles stage-wise and one such stage is called Trial. Otherwise, in Criminal Courts, a stage is set for Trial only after numbering of the Complaint as a Calendar Case [Court allows a Complaint filed by a[…..]
Yes. The Complainant can withdraw his Complaint under Section 257 of Cr.P.C. with the leave of the Court provided the offences [he sought the intervention of the Court to punish the Accused] are compoundable in nature and are the Complainant before pronouncement of Judgment and at any stage withdraw by not-pressing the Complaint.
The Code of Criminal Procedure allows an aggrieved person to choose his forums or gave him certain options when his plea was ignored by one Forum, then he could chose to represent in another. In ordinary sense, a Complaint to the Police is inevitable when a person has received bodily injuries, because, injuries are quite[…..]
In a Police based Complaint, the Jurisdiction Court does not look much on the maintainability and admission of the case – as another wing of the Judiciary – Prosecution – took a view of the case details and gave its assent on both factors; maintainability and admission of the case. The crux is – the[…..]
Now the Complainant upon receipt of the dismissal order of the Lower Court can approach any of the Courts – Sessions Court or the High Court under their Revisional Powers exercise by them under Section 397 and 398 of Cr.P.C. The Complainant becomes an Appellant or Revisioner thereby and prays the Appellate Court for call[…..]
Private Complaint filed by an Individual or a body corporate are manier times dismissed by the Court and the reasons for its dismissal varies; Jurisdiction, Limitation, Cause of Action are some reasons were seen for for its dismissal. However, those facts were determined by the Court before taking up the Complaint in its file. Otherwise,[…..]
Section 200 of Code of Criminal Procedure, 1973, allows a person to register his Complaint with the Magistrate under whose jurisdiction the crime was commissioned. Although, the headnote of the provision says “Examination of Complainant,” – it literal meaning is – the Complainant – if he reduced his Complaint in written and presented before the[…..]
Yes. The FIR could be altered or modified or even an additional FIR could be registered based on the needs and or situation warranted to the Police on the grounds of new findings.
Law does not permit or allow the Police to freeze the Bank Account of a Company and / or Private Individual just on the basis of a CSR and / or FIR. CSR is just an acknowledgement of your Complaint and it has no other Statutory Powers. The Police cannot take any penal action against[…..]