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Harjinder Singh
*THE
NIGHTINGALE
STOPPED
SINGING

STAGES OF TRIAL IN A
CRIMINAL COURT.

163-A MV ACT
307 IPC & THE
NATURE OF
INJURIES,
PUNISHMENT.
AMENDMENT OF
PLEADINGS - BAR

A BIRDS EYE VIEW OF DIFFERENT TYPES OF CASES AND


DIFFERENT STAGES OF TRIAL IN DIFFERENT CRIMINAL COURTS.
(Main points: Material for plea/Charge, plea or Charge, evidence for the
Prosecution, 313 Cr. P.C. Exam. of accused, Evidence in defence by the
accused, arguments from both the sides, Delivery of Judgement.)

ANTICIPATORY
BAIL
ANTICIPATORY
BAIL - NORMS
FOR GRANTING
BAIL cancellation of
BAIL PARAMETERS
FOR THE GRANT
OF BAIL
BAIL PROVISIONS
IN WEST BENGAL
CIRCUMSTANTIAL
EVIDENCE:
COMMON
INTENTION /
COMMON
OBJECT AND
RELATED OR
INTERESTED
WITNESSES,

Preliminary stage after commission of crime: (i) Lodging of F.I.R. (S.154) or


complaint at the P.S. by the Complainant in cognizable cases leading to
investigation and filing of a Charge sheet resulting in filing of Prosecution Report
(PR) or Charge Sheet or (ii) The complainant approaches the Court of a Chief
Judicial Magistrate to lodge a Complaint.
On receipt of a Police Report, if the CJM finds materials of commission of an
Offence, he takes cognizance of the offence and after supplying copies of the
evidence to the accused, Commits the case to a Sessions Court (If the Offence is
triable by a Sessions Court) and if the offence is triable by a Magistrate, he either
tries the case himself or sends it to a court of any other Judicial Magistsrate for
trial. A magistrate can also send a private complaint u/Sec.156(3) of the Cr.P.C. to
the Police for investigation directing him to treat the same as an F.I.R.
In the case of private complaint, he examines the witnesses (All witnesses if the
complaint is regarding a Sessions Triable case and only a few witnesses in other
cases) u/Sec.200 Cr.P.C. and peruses the documents produced before taking
cognizance of the Offence). In case an offence triable by a Court of Sessions, he
Commits the case to a Court of Sessions for Trial and if the offence is triable by a
Court of Judicial Magistrate he after taking cognizance, either tries the case himself
or transfers the case to any other Magistrate for trial.

COPYRIGHT AND
INJUNCTION
DEATH
SENTENCE SC
BACHAN SINGH
DIVOCED WOMAN
& 125(4) of the
Cr.P.C.
DNA TEST APPEAL Paternity of Child
DOCUMENT
REQUIRED IN
BOTH CIVIL &
CRIMINAL CASES

TRIAL
BEFORE
A COURT
OF
SESSIONS
(Chapter XVIII
Secs.225 to 237
of the Cr.P.C.)

DUTIES OF
PEOPLE IN
AUTHORITY
EASEMENT
RIGHT
EFFECT OF
ADMISSIONS AND
MUTUALLY
DESTRUCTIVE
PLEA IN
PLEADINGS

Opening of the
case by the Public
Prosecutor and
Framing of
Charge in
Writing by the
Sessions Judge is
done u/S.228 of

WARRANT TRIABLE
CASES IN THE COURT
OF A JUDICIAL
MAGISTRATE.

SUMMONS TRIABLE
CASES IN THE COURT
OF A JUDICIAL
MAGISTRATE (Chapter
xx).
Private
complaint
case

( Chapter
XIX B.
Secs.244 to
247 of the
Cr.P.C.)

On
submission
of
Prosecution
Report (PR)
after
permission
of
Magistrates
u/Sec.155(2)
Cr.P.C.

Evidence
before
charge is
recorded by
the
Magistrate
u/Sec.244 of
the Cr.P.C.

After
perusing the
PR if there
is material,
a PLEA
u/Sec.251 of
the CrP.C. is
made

After
perusing the
complaint if
there is
material,
PLEA
u/Sec.251
of the

IN A
POLICE
CASE

In Private
Complaint
cases

(Chapter
XIX A.
Secs.238 to
243 of the
Cr.P.C.)
Framing up
of a
Charge
Sheet by
the Judicial
Magistrate
after
perusing the

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EXIBITING OF
DOCUMENTS
OBJECTED TO
FINAL
REPORT/CLOS
REPORT MAGISTRATE'S
POWER
INHERENT
POWERS AND
FINAL ORDER

the Cr.P.C. if the


evidence discloses
Sessions triable
case or the case is
sent back to the
CJM or accused
discharged if no
material of any
offence.

Case Diary
(CD), OR
discharge of
the accused
if there be
no material
U/Sec. 240
of the
Cr.P.C. and
conviction
of the
accused
u/Sec.241 of
the Cr.P.C.
if he pleads
guilty.

Evidence for the


Prosecution
u/Sec.230 of the
Cr.P.C.

Evidence
for the
Prosecution
u/Sec.242
of the
Cr.P.C.

INQUEST REPORT
u/Sec.174 Cr.P.C.
JUDICIAL
OFFICERS - QN.
OF SENIORITY
MACC CASES DECEASED
BACHELOR GRATUITOUS
PASSENGER AND
DRIVER WITHOUT
DL.

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MACC LIMITED
LIABILITY TO PAY

(Allegations
of the
offence read
over and
explained to
the accused)
No Charge
in writing is
framed
followed by
conviction
on plea of
guilt
u/Sec.252
Cr.P.C.
Evidence for
the
Prosecution
i.e. the
Complainant
u/S.244 of
the Cr.P.C.
followed by

CrP.C. is
made
(Allegations
of the
offence read
over and
explained to
the accused)
No Charge
in writing is
framed
conviction
on plea of
guilt
u/Sec.252
Cr.P.C.

Evidence of the
prosecution u/Sec.254(1)
of the Cr.P.C. if the accused
does not plead guilty to the
allegation.

(1) Framing
up of Charge
if the
evidence
before
charge
reveals
commission
of any
Crime.

MAINTENANCE
U/Sec.125 Cr.P.C.
TO AN EARNING
WIFE.
MERRITCUM-SENIORITY
& SENIORITYCUM-MERRIT DISTINCTION

(2) Evidence
after
framing of
charge
u/Sec.246 of
the Cr.P.C.
(it includes
further cross
Exam. of
witnesses
already
examined
earlier
Before
charge and
examination
and xEx. of
additional
witnesses, if
any.

NDPS ACT - SC
RULINGS
PARTITION SUIT AMENDMENT OF
PRELIMINARY
DEGREE
PERJURY AND
PUNISHMENT
u/S.344 Cr.P.C.
POLICE INACTION
- SC DIRECTIONS
QUESTION AND
ANSWER
ROLE OF A
JUDGE IN
CRIMINAL TRIAL
S.34 C.P.C. INTEREST RATE
SC ON
SENTENCING
SYSTEM :
PENOLOGY

COMMON TO ALL TYPES OF TRIAL: Examination of the accused u/Sec. 313


of the Cr.P.C. in c.w. the evidence adduced against him by the Prosecution and his
excuse or explaination regarding the same is recorded.

SEC.5 OF
LIMITATION ACT CONDONATION
OF DELAY OF 4
YEARS.

Evidence if any in
defence by the
accused u/Sec.233
of the Cr.P.C.

SECOND FIR
WHEN
PERMISSIBLE
SUBROGATION
THE RIGHT OF
PRIVATE
DEFENCE
WOMEN AND
IDENTIFICATION
OF STOLEN
PROPERTY

Evidence if
any in
defence by
the accused
u/Sec.243
of the
Cr.P.C.

Evidence if
any in
defence by
the accused
u/Sec.247 of
the Cr.P.C.

Evidence if any in defence


by the accused u/Sec.254(1)
of the Cr.P.C.

Common: Hearing of arguments of both the sides and delivery of Judgement of


acquittal or conviction by the Court. In the event of conviction, the Judge shall
examine before passing any sentence, if the benefit of Sec.360 of the Cr.P.C.or
The Probation of Offenders Act, 1958 can be extended to the accused or not
AND Examination of the convict accused on the question of sentence if such
benefit u/S.360 the Cr.P.C. or Probation of Offenders Act is not extended. The
judge may also examine the question of payment of compensation u/Sec.357 of
the Cr.P.C. to the victims.

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[Untitled]
* EVICTION OF AN
UNAUTHORIZED
OCCUPANT
* The Jurisdiction of
the West Bengal
Co-operative Tribunal
*A CASE OF ARSON
*A CONVICTION
U/SEC.326 IPC

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Cognizable offence: Sec.2(c) Cognizable offence means an offence for which,


and Cognizable case means a case in which a police officer may in accordance
with the first Schedule or under any other law for the time being in force may arrest
without warrant.
Sec. 2(w) Summons case means a case relating to an offence, and not being a
warrant case.
Sec.2(x) Warrant Case means a case relating to an offence punishable with
death, imprisonment for life or imprisonment for a term exceeding two years.

*A FAILED DACOITY
*A FAMILY FEUD AND
MURDER
*ABETMENT OF
SUICIDE
*ATTEMPT TO
MURDER
*BRIDE BURNING CORPSE SPEAKING
*CIVIL REVISION
REJECTED
*CONVICTION DYING
DECLARATION
*COUNTER CLAIM OF
THE TRUST
*DIVORCE BY WAY
OF CUSTOM IS
ILLEGAL.
*DOUBLE MURDER
BY FEUDAL LORD
*MURDER FOR
FAILED ATTEMPT TO
RAPE.
*REJECTION OF
PROBATE
APPLICATION
*THE
REVERSIONERS HAD
NO RIGHT
2 G - AND SANCTION
FOR PROSECUTION
7 HOSTILE
WITNESSES CONVICTION
AARUSHI MURDER
CASE - COGNIZANCE
AND BAIL
ACP AND
SELECTION GRADE.
ACR BOOKLET
ADVERSE
POSSESSION
(SUPREME COURT)
ATTEMPT ON
FORMER CJI
BINDUBASINI - Water
Connection files.
BRIJMOHAN LAL Vs
UNION OF INDIA
CBI INVESTIGATION SC & HC CAN
DIRECT
CHARITABLE AND
RELIGIOUS TRUSTS
ACT, 1920
Chief justices,
Conference
CHILD LABOUR

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(PROHIBITION AND
REGULATION) ACT,
1986
CHILDREN
CO-OPERATIVE
SOCIETY Disciplinary action
against its employee
COGNIZANCE OF
OFFENCE BY COURT
OF SESSIONS
AGAINST A PERSON.
COMMENTS ON THIS
WEBSISTE
COMMON INTENTION
AND COMMON
OBJECT :SC
COMMON
INTENTION,
CIRCUMSTANTIAL
EVIDENCE, LAST
SEEN TOGETHER,
RECOVERY IN A
MURDER CASE
CONSUMER
PROTECTION ACT,
1986
CONTEMPT OF
COURTS ACT, 1971
COURT'S DECISION
CANNOT OVER-RIDE
THE EXPRESS
PROVISION OF AN
ACT
CP Act : Non
payment of FDR on
Maturity
CUSTODIAL
TORTURE - NORMS
LAID DOWN BY SC
Customer of Bank is
a Consumer under
CP Act, 1986
DEATH PENALTY :
WHEN CAN BE
IMPOSED
DEATH SENTENCE
OF KASAB
DEATH SENTENCE
OF KASAB
DEATH SENTENCE
OF KASAB
Defering Cross
Examination - S.231
Cr.P.C.
DELHI GANG RAPE
CASE
DETAILS OF MY
POSTINGS AS A
JUDICIAL OFFICER.
DETAILS OF MY
POSTINGS AS
JUDICIAL OFFICER.
DISPOSAL OF
PROPERTY
DISTRICT JUDGE
CADRE : INTERVIEW
E C ACT CASES TRIAL
e-PAYMENT OF

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SALARY
EVIDENCE OF A
RAPE VICTIM
EX-PARTE ORDER
OF INJUNCTION GUIDELINES BY SC
F.I.R. NOT AN
ENCYCLOPEDIA
FACTORIES ACT,
1948
FIXED DEPOSIT and
Act 54 if 2002
FREE LEGAL AID
GENERAL CLAUSES
ACT, 1897
GUARDIANS AND
WARDS ACT, 1890
HIGH COURT ORDER
REGARDING
IMMOVABLE
PROPERTY
HINDU ADOPTIONS
AND MAINTENANCE
ACT, 1956
HINDU MARRIAGE
ACT
HINDU MINORITY
AND GUARDIANSHIP
ACT, 1956
HINDU SUCCESSION
ACT, 1956
IMPORTANT FORMS
IMPORTANT G.Os.
IMPORTANT
RULINGS (CIVIL)
INDIAN DIVORCE
ACT, 1869
INDIAN EASEMENT
ACT, 1882
INDIAN EVIDENCE
ACT
INDIAN STAMPS ACT
INTERPRETATION OF
STATUTE : JUDICIAL
FUNCTION
INTERPRETATION OF
STATUTE SC
INTERPRETATION OF
STATUTE: COURT'S
POWER
INTERPRETATION OF
STATUTES
JUDGE YE NOT LEST
YE BE JUDGED
JUDGES
(PROTECTION) ACT,
1985
JUDICIAL OFFICERS
(NEW PAY SCALES)
.GO.No.440/JD
/L/2S-70/09
JUVENILE JUSTICE
(CARE AND
PROTECTION OF
CHILDREN) ACT,
2000.
LAND ACQUISITION
ACT, 1894
LAST SEEN

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TOGETHER
LATER JUDGEMENT
OF THE SC
LAW OF EVIDENCE CASE LAW
LAW OF EVIDENCE Rulings (Courtesy:
M.P. MURUGAN)
LEGAL MAXIMS
LIMITED ESTATE OF
A WIDOW
MATERIAL FOR
CHARGE - NO
COURT CAN
OVER-RIDE AN ACT
MINIMUM WAGES
ACT, 1948
MOTOR VEHICLES
ACT 1988
MY SUPER TIME
SCALE OF PAY'S PAY
SLIP
National Commission
on Limitation
NDPS ACT - SC
RULINGS
NDPS CASES ;
ADJOURNMENTS DIRECTIONS OF SC
NDPS CASES ;
ADJOURNMENTS DIRECTIONS OF SC
NON-OBSTANTE
CLAUSE &
INTERPRETATION OF
STATUTE
NOTIFICATION DT.
17-01-2013
REGARDING
SUPERTIME SCALE
OF PAY
NOTIFICATIONS OF
MY POSTING
NOTIFICATIONS
REGARDING MY
APPOINTMENT
AS CHAIRMAN
WBCT
Pension - G.O.
REGARDING
PENSION - SINGLE
COMPREHENSIVE
FORM
POWER
U/Sec.204(1)(b) of
Cr.P.C.
POWERS OF
ADDITIONAL
DISTRICT JUDGES
POWERSOF-ATTORNEY ACT,
1882
PROBATION OF
OFFENDERS ACT
1958
PROTECTION OF
WOMEN FROM
DOMESTIC
VIOLENCE ACT
QUOTABLE QUOTES

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RAGGING AND THE


LAW
REGULARISATION
OF SERVICE
REJECTION OF MY
REVIEW PETITION
RIGHT TO
INFORMATION ACT,
2005
RIGHT TO LIFE
OVER-RIDES RIGHT
TO BUSINESS
RTE and the
MINORITY
INSTITUTIONS
SALE OF GOODS
ACT, 1930
SC on FREEDOM of
EXPRESSION.
SC on RTE ACT
Society for Un-aided
Private Schools of
Rajasthan Vs U.O.I.
SC ON SET OFF OF A
TIME BARRED LOAN
SC on STRICTURES
AGAINST JUDICIAL
OFFICERS
SCHEDULE CASTES
AND SCHEDULED
TRIBE (PREVENTION
OF ATROCITIES) ACT,
1989
SEC. 138 OF N.I. ACT
- INGRADIENTS (SC)
Sec.17(2)of the
Securitisation and
Reconstruction of
Financial Assets and
Enforcement of
Security Interest Act,
2002 ultra vires the
Constitution of India
Seizure of Vehicle by
Bank and the Rule of
Law
Seizure of Vehicles
by the BANKS
SENTENCE IN A
RAPE CASE.
SERVICE RULES IMMOVABLE
PROPERTY
SET OFF OF
SENTENCE U/Sec.428
Cr.P.C.
SHETTY
COMMISSION
REPORT
some lighter
moments in Court
SOME RULINGS
SOME RULINGS ON
CPC
SPECIAL MARRIAGE
ACT, 1954
SPECIFIC RELIEF
ACT, 1963
SPECIFIC RELIEF
ACT, 1963

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SPEEDY TRIALRULINGS
STAGES OF TRIAL IN
A CRIMINAL COURT.
SUPREME COURT IN
SUNIL BATRA
SUPREME COURT
ON FAST TRACK
COURTS
SUSPENSION AND
SUBSISTENCE
ALLOWANCE
T.M.A. Pai
Foundations and
others vs. State of
Karnataka
THE
ADMINISTRATIVE
TRIBUNALS ACT,
1985
THE CONSUMER
PROTECTION ACT,
1986
THE FOREIGNERS
ACT, 1946
THE PASSPORT ACT
1967
THE PROTECTION OF
CHILDREN FROM
SEXUAL OFFENCES
ACT, 2012
THE RIGHT TO
INFORMATION ACT,
2005
TORTURE IN POLICE
CUSTODY - STAY
REFUSED.
TWO MORE
WEBSITES & A
FORMULA
WAQF PROPERTY :
ADVERSE
POSSESSION
WEST BENGAL
JUDICIAL
(CONDITION OF
SERVICE RULES,
2004.
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