Advanced Test Series for Mains by The LEGAL HIGHNESS

CRPC-Final
Time: Three Hours Maximum Marks:
200
NOTES:
i Candidates are required to attempt all questions in the same
seriatim as they appear.
ii Marks are indicated against each question.
iii Support your answers with relevant provisions and case law.
iv Attach question paper along with answer sheet before submission

Question 1:

(a) Can Non Compoundable offences be compounded? (10 marks)

(b) Fir is registered against unidentified person under section 420/34 of IPC. After
the completion of investigation, the police files its report of investigation naming
two persons A and B of having allegedly committed the offence. The magistrate,
on consideration of evidence collected during the investigation and presented
along with report finds that apart from A and B sent for trial by the Police, C and
D are also liable to be summoned and he accordingly summons A, B, C and D to
appear in the court to face trial. At the stage of hearing of arguments on charge,
public prosecutor for the state contends that from the evidence already before
the court two more persons E and F appear to have committed the offence for
which A, B, C and D are facing trial. The Court appears to be convinced with the
submission of prosecution. There is no serious opposition from the side of A, B, C
and D. write an appropriate order highlighting the power of court to proceed
against other persons appearing to be guilty of offence being tried by the court.
(15 marks)
(c) A police report is filled for the alleged commission of crime punishable under
section 420 r/w sec 34 IPC against A, B, C and D. A and B abscond and the trial
proceeds only against C, D. On appraisal of evidence, the court acquits C and D.
Latter, A and B are apprehended. On being produced in the court, A and B make
an application purporting to be under section 245(2) Cr.P.C and section 300
Cr.P.C for dropping the proceedings on the grounds that their co-accused C and D
have been acquitted and it would be an exercise in futility to proceed against

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them. It is contended that they are deemed to have faced trial in absentia and
having been so tried in absentia they cannot be tried for the same offence.
Decide the application of A and B. (15 marks)

Question 2:

(a) Locus standi in a Protest petition.. can it be entertained after acceptance of

the closure report? (10 marks)
(b) Upon a complaint, the magistrate summons A and B by issuing a process
under section 204 Cr.P.C for offences punishable under section 420 and 468
IPC. The accused persons appear and make an application purported to be
under section 203 r/w section 245(2) Cr.P.C for recall of summons of dropping
of the proceeding against them on the ground that even if the evidence of
the complaint is taken at its face value none of the two offences for which
they have been summoned are made out. The complainant objects to the
maintainability of the application and questions the jurisdiction of the court to
go into the question as prayed for by the accused. Decide the maintainability
of the application and jurisdiction of the magistrate in this regard. Further
would it make any difference if the accused had been summoned for an
offence triable as a summons case. (15 marks)
(c) (a) Bail in matters of non bailable offences is a matter of discretion and if the
discretion is to be exercised in favor of the accused, what are the conditions
to be borne in the mind by the courts? Discuss with reference to provisions in
Code of Criminal Procedure and decided case laws.(15 marks)

Question 3:

(a) Write difference between following (10 marks)

a. Summary trial, summons trial and warrants trial
b. Compoundable and non compoundable offence
(b) A case was investigated by Police and subsequently filled closure report.
Magistrate denied to take cognizance on closure report and ordered a
reinvestigation by CBI. Magistrate guided that CBI must record statements of
A, B, C and D, who according to magistrate appears to be acquainted with
facts and circumstances of case. He also mandated that CBI must inform him
regularly about happenings in investigation. Discuss the validity of order of

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magistrate and also discuss what other options are available to him upon
closure report of Police. (20 marks)
(c) What is charge? What should be the contents of charge? Under what
circumstances a charge could be framed? (10)

Question 4:

(a) What is plea bargaining? Death by negligence, discuss in the light of plea
bargaining. (10 marks)
(b) Registration of FIR to filling of charge-sheet in a non-bailable offence. Discuss
the stages? (20 marks)
(c) Power of anticipatory bail under section 438 C.R.P.C is a concurrent power
guaranteed to the court of session and High Court. If you were to file an
application for anticipatory bail which court would you use and why. What are
the Guidelines are to be observed by the courts while exercising this powers.
Discuss with reference to case law if any. (15 marks)

Question 5

(a) Write a short note (20 marks)

a. Investigation, inquiry and trial
b. Statements recorded under section 161 and 164
c. Search warrant and production warrant
d. Police remand and judicial remand
(b) Enumerate the coercive steps a magistrate can take to ensure the presence
of a witness or accused during the criminal Trial. How should he proceed if
despite coercive steps, accused does not appear to face the trial? (15 marks)

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