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Author Topic: How is a Criminal matter set in motion?  (Read 1503 times)

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Offline advlaxmanadvani

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How is a Criminal matter set in motion?
« on: February 18, 2014, 11:10:59 PM »
First: By registering an FIR before Police Station u/s 154;

Secondly: The Police officer, suspecting the commission of an cognizable offence, by virtue of section 157(1) and 156(1), may on its own, begin investigation into the alleged commission of offence;

Thirdly:. An Application may be made to Magistrates Court u/s 156(3) for giving direction to Police register FIR and carry out Investigation and submit Report.

Fourthly. A Complaint in writing or even in oral may be made to the Magistrate u/s 200.

Fifthly:. The Magistrate, by virtue of section 190(c), upon his own knowledge that any offence has committed, may either direct the police to carry out the investigation or will himself conduct inquiry;

Sixth. The Magistrate u/s 155(2) may direct the Police to investigate cases of non cognizable offences;

Seventh Step. A Petition may be made before the concerned HC or before Apex Court under Article 226 / 32, considering the seriousness and gravity of offence committed, to direct an investigation by independent agency like CBI.

And Finally. A Letter Petition may be addressed to the Magistrate containing an allegation that an offence has been committed and ending with prayer that the culprit be suitable dealt with, followed by an RTI to know if the concerned Magistarte has taken cognizance of the complaint made to him. Mohd Yusuf versus Afaq Jahan (2006) 1 SCC 627.
Advocate laxman Advani
 Ahmedabad legal Practitioner

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