Yes. The Counsel of the Defacto Complainant in the Police Case can assist the Prosecution only for limited purposes. Otherwise, it is settled in law that the Counsel can’t place his arguments before the Court and or allowed to bring any fresh evidences not directly but only through Prosecutor.
Yes. In a Police instituted Case, if the offence is charged less than 2 years then the Jurisdiction Court can handle such case under Summary Trial.
All those Summons cases including those cases identified under Sections 260 of Cr.P.C., wherein punishment does not exceed 2 years are subjected to Summary Trial. Summary Trial is a shorter than the Regular Trial done on the Police Complaint [Calendar Case]. Conviction exceeding 3 months is not allowed under Section 262 of Cr.P.C. and at[…..]
Yes, the Court can conduct Trial with the available Accused under Section 317[2]. However, it is only on certain situations; either the Accused in the case was death or absconding and even after reasonable resources and time spent on him in tracing, but failed to trace by the Police.
The Trial of the Case begins with the Accused after receiving Summons enters into defence by receiving copy of the Complaint and typeset. The Second stage is Accused Counsel to Cross Examine the Complainant immediately after his Chief heard by the Court. [It is important to note that readers should not get confused or compare[…..]
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[…..]