Investigation To Trial Quotes

“Salus populi suprema lexesto: Welfare of people is the Supreme Law.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Consent of Court Section 321 needs three requisites to make an order under it valid[585]— ​(a)​The application should be filed by a Public Prosecutor or Assistant Public Prosecutor who is competent to make an application for withdrawal. ​(b)​He must be in charge of the case. ​(c)​The application should get the consent of the Court before which the case is pending.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Does the period stand extended to next working day?              The answer is negative. Sec. 10 has no applicability to Sec167 CrPC. The indefensible right of the accused arises after lapse of 60/90 days as the case may.[351]Even otherwise on a Holiday Duty Magistrate works in every District Court to attend the urgent matters. In case the 60/90 days are expiring on a holiday, the final report under Sec. 173 CrPC may be put up before the Duty Magistrate. Calculating”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Section 10 of the General Clauses Act, 1897 mandates that where the Court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done in due time if it is done on the next day afterwards on which the Court or office is open. A natural corollary which comes to mind is, what if the 60th of 90th day is a holiday.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Not more than 90 days in case investigation relates to offences punishable with death, imprisonment for life or imprisonment for a term not less than 10 years. ​(b)​Not more that than sixty days where the offence relates to other offences, i.e. less than 10 years of imprisonment.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Sec. 167 CrPC deals with the power of Judicial Magistrate to remand the accused after the accused is arrested and produced before Court. It provides the procedure for Police and Judicial custody remand. It mandates that the Magistrate cannot authorize the detention of accused in custody for—”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“However, when we look at the third category, the words used by the legislature are “not less than ten years”. This obviously means that the punishment should be 10 years or more. This cannot include offences where the maximum punishment is 10 years. It obviously means that the minimum punishment is 10 years whatever be the maximum punishment.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“However, in all cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment then Section 167(2)(a)(ii) will apply and the accused will be entitled to grant of “default bail” after 60 days in case charge-sheet is not filed.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“On the other hand, formal witnesses are the persons who may have joined investigation after commission of offence and participated in other proceedings. For”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Skipper Beverages Pvt. Ltd. v. State,[46]— “7. It is true that S. 156(3) of the Code empowers a Magistrate to direct the police to register a case and initiate investigations but this power has to be exercised judiciously on proper grounds and not in a mechanical manner. In those cases where the allegations are not very serious and the complainant himself is in possession of evidence to prove his allegations there should be no need to pass orders under S. 156(3) of the Code. The discretion ought to be exercised after proper application of mind and only in those cases where the Magistrate is of the view that the nature of the allegations is such that the complainant himself may not be in a position to collect and produce evidence before the Court and interests of justice demand that the police should”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“In cases where the offence is committed by unknown offender, where the case property is to be recovered or forensic aspects are involved, the police investigation is the prudent option. On the other hand, in cases where the offender is known and evidence is in control and reach of the complainant, filing a Complaint case under Sec. 200 CrPC is a prudent option.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Sec. 200. Examination of complainant.—A Magistrate taking cognizance of an offence on complaint shall examine upon oath the”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Section 468 CrPC provides the limitation period for criminal offences as follows— ​(a)​Six months for offences punishable with fine only. ​(b) ​One year if the offence is punishable with imprisonment for a term not exceeding one year. ​(c) ​Three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Before deciding an application under Sec. 156 (3) CrPC, the Court calls for an Action Taken Report (A.T.R) from the S.H.O. concerned[32]. After filing of Action Taken Report, the Court hears arguments on the application and decides it. While deciding the application under Sec. 156 (3) CrPC, the Court evaluates whether a cognizable offence is disclosed from the facts and whether there is a need for registration of F.I.R. While”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Making complaint to the S.H.O. and then to S.P./D.C.P. is a prerequisite before filing an application under Sec. 156 (3) before the Area (Ilaqua) Magistrate.[31]”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Every police station comes under the jurisdiction of an Area (Ilaqua) Magistrate. One may find the list of Area Magistrate from the website of the concerned District Court. The application under Sec. 156 (3) CrPC is to be moved before the Area (Ilaqua) Magistrate having jurisdiction to try the cases registered in a police station.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Sec. 156. Police officer’s power to investigate cognizable case.—(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“In the case of Lalita Kumari, it is mandated that the officer in charge/SHO of the Police Station is bound to register F.I.R. and initiate investigation when information regarding commission of cognizable offence is received.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“The Court of Sessions follows the Session Trial procedure and the Magisterial Court follows Warrants Trial, Summons Trial or Summary Trial procedure, depending upon the punishment prescribed for the offence.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law

“Section 320 CrPC enlists certain offences which are compoundable in nature. Compoundable offences are those offences for which a compromise can be drawn between the parties. The result of compounding is acquittal.[20]Compounding is possible only before the Court when the final report is filed.”
― Abhilash Malhotra, Investigation To Trial : The Book for a Common Man: Criminal Law