Criminal Proceedings

it start from FIR

AS I CAME ACCROS WITH THE ONE OF THE OPININE THAT THE CRIMINAL PROCEEDINGS ARE PENDING FROM THE DATE OF LODGING F.I.R.BUT I DEFER ON THE POINT BECAUSE PROCEEDINGS ARE SAID TO BE PENDING ONLY WHEN MAGISTRATE TAKES THE COGNIZANCE OF THE CASE, WHICH MEANS THAT THE CRIMINAL PROCEEDING IS PENDING ONLY AFTER FRAMING OF CHARGE/S.

THANKING YOU,                                                   PRAKASH S DESHMUKH  

Hi,

it means any FIR or criminal cases is pending before any other ocurt of law. So it starts from the date of lodging FIR and ends with disposal of criminal case.

Sreedhar.R

AS I CAME ACCROS WITH THE ONE OF THE OPININE THAT THE CRIMINAL PROCEEDINGS ARE PENDING FROM THE DATE OF LODGING F.I.R.BUT I DEFER ON THE POINT BECAUSE PROCEEDINGS ARE SAID TO BE PENDING ONLY WHEN MAGISTRATE TAKES THE COGNIZANCE OF THE CASE, WHICH MEANS THAT THE CRIMINAL PROCEEDING IS PENDING ONLY AFTER FRAMING OF CHARGE/S.

I want to Fill Details of Passport  i.e " There was a matter framed against me but later the judment came in my favou & i was free from the charges which was made against me.

My question is should i fill the details of the matter or is it not neccessary as i was not Convicted in any matter.

Please Guide

Thanks & Regards

Aamer.

Originally posted by : Aamer Usmani
	I want to Fill Details of Passport  i.e " There was a matter framed against me but later the judment came in my favou & i was free from the charges which was made against me. My question is should i fill the details of the matter or is it not neccessary as i was not Convicted in any matter. Please Guide Thanks & Regards Aamer. Provide the following details if there are any criminal proceedings pending against the applicant. Have you ever been charged with criminal proceedings or is any arrest warrant/ summon pending before a court in India? *"

A judgment in your favour looks like you have been acquitted from the said charges and once you're acquitted by a court of law and no appeal has been filed against it which is pending, means you are free from the said charges and therefore, you're no longer criminally charged and nor do you have to carry that on your back for life that you were, because you were acquitted.

Originally posted by : aatma
	Any criminal proceedings pending against applicant in any court in India. What is the exact legal definition for criminal proceedings in the above sentence - is it strat from the FIR or after the charge sheet or after the trial start?

It doesn't start from the FIR. 

It starts from the date the Magistrate/Judge accepts the chargesheet filed by Police.

Let's have a focus on some point.

You might be accused by an FIR and thrown to jail for slapping someone. Any jailed person will try to get out of jail on bail. In such cases, Police rarely consider to file a chargesheet as these kinds of cases are too common and a waste of Court's valuable time.

This question confuses most people and doesn't get a valid answer. Why? Because most Lawyers want you to pay them. 

The same question I asked to retired Justice M Katju, and he too advised me to talk to a lawyer. (I use to talk to him over many legal matters and he answers most, but this one he skipped. I don't know why he skipped.)

Finally, I asked the same to a senior Judge of CBI Court as a part of a personal discussion. He cleared the confusion. His answer is, "Once a person is freed on bail (unless the case is related to any heinous crime or crime against the state), it is no longer a matter of court until the concerned Investigative Officer of the case submits charge-sheet at concerned court. "