procedure
Naveen Jain
(Querist) 02 April 2012
This query is : Resolved
WHEN ON PRESENTATION OF A COMPLAINT TO A MAGISTRATE,, HE EXAMINES THE COMPLAINANT AND WITNESSES..
IS HE CONDUCTING AN INQUIRY OR A TRIAL OR BOTH??
V R SHROFF
(Expert) 02 April 2012
First he go thru the complaint & Document annexed.
Then he will examine the Complainant on oath, to verify the fact.
If he is satisfied, he issue process
Otherwise send it to concerned Police Inspector/ ps u/e 202 opf cr p c for investigation, and based on the Report, hear Argument of Advocate for Complainant, and decide to issue process or not. Issue Process starts Evidence before charge. EBC
ajay sethi
(Expert) 02 April 2012
he is basically verifying whether case is made out or not . no trial is being conducted
SAINATH DEVALLA
(Expert) 02 April 2012
Dear Naveen,
There are administrative and court rules.The Magistrates have to follow them.There is a stage by stage process for the proceedings to start.Once the proceedings start,it will go on according to the evidences produced and examinations done by both the advocates.
Nadeem Qureshi
(Expert) 02 April 2012
Dear Naveen
it comes under Inqury not trial, trial start after framing charge. in complaint case the examination of witness is only for search that the prima facia case is made out or not.
Shonee Kapoor
(Expert) 03 April 2012
I agree with Ld. Nadeem.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 April 2012
criminal law does not provide for two trials so while taking cognisance and issuing process the allegations must have some footing of evidence.
Naveen Jain
(Querist) 03 April 2012
thanks sir @ nadeem
