S. No
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Trial before
the Court of a JUDICIAL MAGISTRATE,
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S. No.
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SESSIONS TRIABLE CASES
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SPECIAL PROCEDURES
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SUMMONS CASES
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WARRANT TRIABLE CASE and SESSIONS TRIABLE
CASES.
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Filed by the
Police
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Filed by a private person.
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STAGES
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Complaint case filed by a Private person
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Prosecution Report (PR)
filed by the Police
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CASE FILED BY THE POLICE
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CASE FILED BY A PRIVATE
PERSON.
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STAGES
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The SESSIONS JUDGE HAS NO POWER TO TAKE COGNIZANCE OF A
SESSIONS TRIABLE CASE, IF THE CASE IS NOT COMMITTED BY A JUDICIAL MAGISTRATE.
IN ALL CASES TRIAL BEFORE THE SESSIONS COURT SHALL BE CONDUCTED BY THE PUBLIC
PROSECUTOR.(Sec.225 Cr.P.C.)
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SUMMARY TRIAL OF CASE BY A
CJM, CMM OR CJ OR MM shall if so empowered shall be triad under Chapter
XXI Sec.260 to 265 of the Cc.P.C.
SIMILARLY A CASE COMMITTED U/Sec.199(2)
of the Cr.P.C. SHALL BE TRIAD AS A WARRANT TRIABLE CASE BY THE SESSIONS JUDGE
U/Sec.237 of the Cr.P.C.
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1.
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Exam.
of the Complainant and
other PWs u/Sec.200 of the Cr.P.C
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Police Files Prosecution
Report (PR) against the
suspects after permission u/Sec.155(2)
of the Cr.P.C.
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The Police files F.I.R., u/Sec. 154 of the Cr.P.C., before the
Magistrate, may arrest the accused and produce before the Judcial Magistrate.
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The complainant and some
more witnesses examined u/S.200 as
named in the Complaint. All witnesses
if it is a Sessions Triable case.
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1,
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After Commitment u/S 209 Cr.P.C. by the Magistrate after
supply of copies u/S 208 Cr.P.C.,
the Sessions Judge on receipt of the Records, takes cognizance of the
Offences if any offence triable by a Court of Sessions is made out.
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2.
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Magistrate takes Cognizance u/S.190 if a summons triable case is made out
and issues summons Ss.201/202 of
Cr.P.C. or J.M. dismisses the complaint u/Sec. 203 if
no case is made out.
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Magistrate Peruses the
Material produced before him and takes
cognizance of the offence if an offence is made out and issues summons.
Treats the PR as a complaint case, if no permission u/Sec.155(2) of the
Cr.P.C. is taken.
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If the accused is produced
under Arrest by the Police, the matter for bail u/Sec.437 of the Cr. P.C. is
considered if a petition for bail is filed.
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After exam. of the
witnesses u/S 200 of the Cr.P.C., takes Cognizance of the offence and if a Warrant or Sessions triable case is
made out issues summons or W.A as the case may be against the accused
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2.
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On Production of the
accused before the SESSIONS COURT, the PUBLIC PROSECUTOR OPENS HIS CASE BEFORE
THE COURT. (Sec.226 of the Cr.P.C.
If no case made out,
SESSIONS JUDGE shall discharge the accused u/Sec.227 of the Cr.P.C.
If there are material to frame Charge, but the same is not exclusively triable by a Couthe Sessions Court, he may frame
a Charge u/Sec.228(1)(a) of the Cr.P.C. and send the same for trial to the
CJM or any other Magistrate for trial.
If there be materials for
Sessions Triable case, frame Charge and ask the accused if he pleads guilty
or claims to be tried.
If accused pleads guilty,
he may in his discretion convict him u/S 229 Cr.P.C.
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3.
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On the next date copies of
the PR to the accused are supplied and a date for plea is fixed.
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The Police, if it
completes investigation u/S.167 of the
Cr.P.C. either files a Charge Sheet or a Final Report u/S 173 of the
Cr.P.C.. The Magistrate then peruses the FIR, Charge Sheet, and other
evidence collected by the I.O.. (investigating Officer)
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Copies are supplied to the accused , if not already
supplied or sent along with the summons and or W.A.
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3.
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Thereafter if the accused
does not plead guilty, date for examination of Prosecution witnesses is fixed
(S.229 Cr.P.C) RATHER consecutive dates for PWs u/Sec.309 of the Cr.P.C. for
day to day hearing are fixed ( 230 Cr.P.C.).
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4.
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On the next date, the
accused is examined u/Sec.251 of the Cr.P.C. and
the contents of the offences committed by him are explained to him verbally
and recorded in the order sheet.
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Takes Cognizance of the
Offence if a Warrant triable or Sessions triable case is made out and
arranges for supply of copies u/S 207 of the Cr.P.C. to the accused
persons. Accused is discharged if no offence is made out.
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4.
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On the date(s) so fixed,
the SESSIONS JUDGE, proceeds to record evidence of prosecution witnesses
(S.231 Cr.P.C.)
On completion of PWs, if
no evidence against the accused to show he committed the offence, the Judge
shall record an order of acquittal.
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5.
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Date for exam. of
Prosecution Witnesses PWs is fixed. PWs are examined on the date fixed
u/Sec.254 of the Cr.P.C..
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After supply of copies,
the case is taken up for trial. If it be a Sessions Triable case, the Magistrate Commits the case to the
Sessions Judge u/s 209 Cr.P.C. .
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Prosecution witnesses are examined and cross-examined Before-Charge u/Sec.244 of the Cr.P.C.
Accused is discharged u/S 245 Cr.P.C. if no case
against the accused is made out.
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5.
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Thereafter, the accused is
examined u/Sec.313 of the Cr.p.c.
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5.
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If no case made out on
perusal of PR u/S 173, the accused is discharged u/S 239 of the Cr.P.C.
otherwise a Charge is framed (241
Cr.P.C.). in case accused pleades guilty, he is convicted(241 Cr.P.C.)
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Magistrate frames Charge against the accused
u/Sec.245(1) of the Cr.P.C.
If accused pleads guilty
he is convicted u/S 246(3) Cr.P.C.
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6.
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Then the accused is called
upon to Enter upon Defence u/Sec.133 of the Cr.P.C.
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6.
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Evidence for the
Prosecution PWs (242 of the Cr.P.C. PWs as per Charge sheet examined.
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Accused is allowed to cross Examine after Charge, such PWs if he wishe to Cross-Examine any or all of
them again. Then remaining PWs are examined, cross examined and
discharged (246(6) Cr.P.C.)
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7.
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ARGUMENTS U/SEC. 234 of
the Cr.P.C.
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7.
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313 Cr.P.C. Exam. of the
Accused Persons.
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DWs if any are examined if
so desired by the accused u/S 254 Cr.P.C.
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Evidence of Defence witnesses (DWs) if any u/S 243 Cr.P.C.
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Evidence of Defence witnesses DWs u/Sec.247 of the Cr.P.C.
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8.
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Judgement of acquittal or
conviction u/Sec.235 Cr.P.C.
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8.
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Arguments
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ARGUMENTS
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9.
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If convicted and the
Sessions Court does not want to proceed u/Sec.360 of the Cr.P.C. or Sec.4 of
the Probation of Offenders Act, the Sessions Judge shall hear the accused on
the question of Sentence u/Sec.235(2) of the Cr.P.C.
If convicted: A copy of the Judgement
should be given to the convict free of cost and a copy thereof is required to
be sent to the District Magistrate u/Sec.365 of the Cr.P.C.
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9.
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Acquittal or Conviction
subject to the provisions of S.325 and 360 Cr.P.C. or Sec.3 or 4 of the
Probation of Offenders Act.
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JUDGEMENT of acquittal or
conviction subject to the provisions of S.325 and 360 Cr.P.C. or Sec.3 or 4
of the Probation of Offenders Act. If Magistrate does not follows 325 or 360
or P.O. Act, he is required to hear the accused on the question of Sentence
u/S 248(2) of the Cr.P.C.
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While convicting, a
Judicial Magistrate or the Sessions Court should consider the question of
awarding compensation to the victim u/Sec.357 of the Cr.P.C.
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