Commencement of Proceedings Before Magistrate

Proceedings-Before-Magistrate

Commencement of Proceedings Before Magistrate, this chapter covers sections from 204 to 210 of CRPC.

SECTION 204:- ISSUE OF PROCESS.

Generally accused is produced with the charged sheet but when accused does not come exceptionally when the process is issued. In complaint process is issued compulsorily.

  1. If Magistrate taking cognizance thinks that there is sufficient ground for proceeding.
  2. The magistrate in cases can issue process against accused as follows:-
  3. In summoning case:- shall issue summon.
  4. In warrant case:- shall issue the warrant.
  5. Summon shall be an issue against accusing after the filing of witness list of the prosecution.
  6. Where proceeding instituted upon a complaint made in writing, summon or warrant shall be accompanied with a copy of the complaint.
  7. When any process or other fee is payable under law then no process shall be issued until fees is paid and if not paid, Magistrate may dismiss the complaint.
  8. The magistrate can issue a warrant in lieu of summoning or additional arrest warrant according to S.87. (Will apply in both charge sheet and complaint).

SECTION 205:- MAGISTRATE MAY DISPENSE WITH PERSONAL ATTENDANCE OF ACCUSED.

  1. At the time of issue of summoning: Magistrate has the power to dispense personal attendance of accused and permit him to appear by his pleader.
  2. But during the inquiry, at any stage of the proceeding is Magistrate considers necessary then may direct the personal attendance of the accused.
    • 317:- Dispense personal appearance for a particular hearing. 
    • 205:- Personal appearance is dispensed at the time of issuing of summoning.

SECTION 206:- SPECIAL SUMMONS IN CASE OF PETTY OFFENCE.

  1. Cases of petty offences can be disposed of summarily U/S. 260 or 261.
  2. The court may specify while issuing special summon to appear in person or by pleader on the specified date or if desires to plead guilty without appearing in person, he can transmit before the specified date, said plea in writing and amount of fine specified in summoning by post or messenger to the Magistrate and if he desires to appear and plead guilty to charge through such pleader then authorize pleader in writing for the same.
  3. Petty offence:
    • Offence that can be disposed of summarily U/S. 260 and 261.
    • Offense punishable only with fine not exceeding ₨.1000.
    • Does not include offence so punishable under Motor Vehicles 1939 or i.e., less than Rs. 1000 under Motor Vehicle Act are not a petty offence.
  1. State govt. by issuing notification U/S. 206 may empower Magistrate in following matters to issue special summon.
  2. Offence compoundable U/S. 320.
  3. An offence was punishable with imprisonment for a term not exceeding 3 years.

SECTION 207: SUPPLY TO THE ACCUSED OF COPY OF POLICE REPORT AND OTHER DOCUMENTS.(r.w. S.238)

  1. Where proceedings instituted on a police report, Magistrate shall furnish a copy of the following, to accused free of cost:
    • Police report.
    • FIR.
    • Statement recorded U/S. 161 excluding therefrom for which request of exclusion has been made U/S. 1734.
    • Statement recorded U/S. 164.
    • Other relevant extracts and documents forwarded to Magistrate with police report U/S. 173 (5).
  2. But in pt. (iii) secret provision can also be made available by Court by applying judicial mind if the court considers necessary to be given to the accused.
  3. Where document referred above in point (v) is voluminous then instead of furnishing a copy to accused, Magistrate will allow inspecting such document either personally or through pleader in Court.

SECTION 208:- SUPPLY OF COPIES OF STATEMENTS AND DOCUMENTS TO ACCUSED IN OTHER CASES TRIABLE BY SESSION COURT. (IN COMPLAINT CASES)

Where case instituted otherwise than on police report and if the offence is triable by exclusively by Session court then Magistrate shall without delay furnishes free of cost to accused, copy of each of the following:

  • Statements recorded U/S. 200 or 202.
  • Statements recorded U/S. 161 OR 164.
  • Any other documents on which prosecution relies.

When any of such document is voluminous then he shall instead of furnishing copy of accused, direct that he will only be allowed to inspect either personally or through pleader in Court.

SECTION 209:- COMMITMENT OF CASE TO COURT OF SESSION WHEN OFFENCE IS TRIABLE EXCLUSIVELY BY IT.

(Cr. General Rule -> R.39 & 40).

When case instituted on the police report and accused appears or is brought before Magistrate and after taking cognizance, it appears to Magistrate that offence is exclusively session triable he shall:

  1. Commit, after complying provisions of S.207 or 200, case to Session court and remand the accused to custody until such commitment has been made. Here the process of committal is at the first stage i.e., immediately after taking cognizance. But in S. 323, while during inquiry if Magistrate comes to know that such matter should be triable by Session court then before giving judgment Magistrate can commit such matter to Session court. Example: Cross case -> Hearing of cross-case must be on the same day and jointly triable.: Nathi V. State of UP 1990 S.C. T. Sdva Kumar V. State of Andhra 2013 (Mad).
  2. Subject to the provision of CRPC relating to bail, remand the accused to custody during and until the conclusion of the trial.
  3. Records, documents & articles of the case to that court.
  4. Notify to PP regarding committal.

SECTION 210:- PROCEDURE TO BE FOLLOWED WHEN THERE IS COMPLAINT CASE AND POLICE INVESTIGATION IN RESPECT OF THE SAME OFFENCE.

  1. When in ease instituted otherwise than on police report i.e., complaint case, if it is made to appear to Magistrate during inquiry or trial that an investigation by the police is in progress in relation to the offence, Magistrate shall stay proceedings of inquiry or trial.
  2. In request of an investigation by a police report is positive when Magistrate shall inquire or try together both the case i.e. complaint case and case arising out of police report as if both the cases were instituted on a police report. (I.e. offence is committed).
  3. If the result of an investigation by a police report is negative i.e. FIR is submitted, then Magistrate shall proceed with the proceeding which was stayed. (I.e. offence is not committed).
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