Stages of Criminal Trial

STAGES OF CRIMINAL TRIAL.

Normally a Criminal Trial has to travel through      main stages from the lodging of F.I.R. till its judgment, they are as under :-

1.       FIR       :-           Any person can launch prosecution against the person committing any legal wrong.  A complaint can be lodged orally or reduced in to writing before the police station within whose jurisdiction an offence is committed.  The Police Officer in-charge of the police station considers the complaint and registered

2.         Inquiry and Investigation    :-        An police officer after the receipt of the complaint under section 154 of the Code of Criminal Procedure, and matter is taken up for the investigation.

2-A.     If the Police Officer in-charge does not found any material in the complaint then he can register the complaint under section 155(2) of Code of Criminal Procedure and issues a receipt thereof to the complainant.

3.         Upon registering the F.I.R. and during investigation, a Police Officer can arrest the suspect and took him for remand.  Soon after the arrest the accused has to be produced before the Magistrate within 24 hours from the time of his arrest, for authorizing further detention as contemplated under section 57 of Code of Criminal Procedure.

4.         The Police Officer in-charge can ask for Police Custody of the accused under section 167 of Code of Criminal Procedure if the investigation cannot be completed within 24 hours. (See Sec 57 of Cr.P.C.)

5.         The magistrate considering the application can grant Police Custody to the accused which shall not be more than fifteen days in the whole. 

5-A.     If the magistrate does not fit it proper to grant police custody then the accused is taken in Magisterial Custody.  (See Sec 167 of Cr.P.C.)

6.         Soon after the MCR, an accused can apply for grant of Bail, within the provisions of section 436, 437 and 439 of Code of Criminal Procedure.

7.         During the investigation, a police officer in-charge can search, seize the material from the possession of accused, or elsewhere kept by the accused.  ( See Section 27 of Evidence Act )

8.         After the completion of investigation, if the police officer found incriminating substance and prima facie case is made out, then he put up charge sheet against the accused.  If the offence is punishable with death, life or not less than 10 years, then charge sheet is to be filed within 90 days.  Whereas the offence is punishable less than 10 years then charge sheet is to be filed within 60 days.  ( See Section 167 (2) (a) (i) and (ii) of Cr.P.C.

8-A.     Upon receipt of charge sheet under section 173 of Code of Criminal Procedure, the court can either accept the charge sheet and put the accused to trial or reject the charge sheet and discharge the accused.

8-B.     If upon the completion of investigation, the police officer does not found any prima facie case, then he can file a final report requesting a discharge of accused.       

8-C.    Upon receipt of the final report, the magistrate can either direct the police officer to re-investigate and file report or can issue notice to the complainant for hearing upon the final report requesting the discharge of accused.

8-D.     If the complainant does not satisfy with the final report requesting discharge of accused, he can request for treating the same as protest petition and try the accused independently.

9.         On acceptance of charge sheet, the accused has to take necessary bail from the court and mater is posted for plea or charge as the case may be.  Whenever the offence is punishable with two years of punishment, then such cases are called as summons case and tried as summary trial within the exception of section 260 of Cr.P.C. and the rest of the matters are tried as summons case. (See Section 239, 240 and 251 of Cr.P.C.)

10.       On complying section 251 or 240 as the case may be, the matter is posted for evidence of the prosecution witness.  (See section 242 and 254 of Cr.P.C.) 

11.       Sometimes prior to commencement of evidence of prosecution the prosecution issues notice under section 294 of Cr.P.C. to admit documents to the accused.  By this way the evidence of the witnesses for which the document is admitted is curtailed during the trial.

12.       Whenever the evidence is to be recorded, the court has to record the evidence as provided under section 274 of Cr.P.C. for summons case and section 275 of Cr.P.C. for warrant case.    For summary trial u/s 260 of Cr.P.C. the evidence is recorded as provided under section 263 of Cr.P.C.

13.       After recording the evidence, the matter is posted for statement of accused under section 313 of Cr.P.C, wherein the incriminating evidence brought against the accused is explained to the accused.

14.       Thereafter the matter is posted for evidence of the defense if any.  If the accused does not desire to adduce his own evidence or any other evidence in his defense then matter is posted for Arguments. (See Section 314 of Cr.P.C. for arguments )

15.       After the completion of arguments the matter is posted for judgment.  If there is a judgment of acquittal in summons case then it is to be given under section 255(1) of Cr.P.C. and conviction under section 255(2) of Cr.P.C.

16.       Similarly the judgment of acquittal in warrant cases are given under section 248(1) of Cr.P.C. and conviction under section 248(2) of Cr.P.C.

17.       If the conviction is given, then the copy of the judgment is to be provided to the accused forthwith free of cost.

18.       In case of sentence the magistrate is empowered to pass the sentence up to three years and fine not exceeding Rs. 10,000/-.  Similarly the CJM can pass sentence up to 7 years.  ( see Section 29 of Cr.P.C.)

19.       The sentence of imprisonment in default of payment of fine can be given not exceeding 1/4^th of the sentence which magistrate can inflict as punishment.  (See Section 30 of Cr.P.C.)

20.       The magistrate can also award compensation to the complainant while recording the judgment of conviction.  ( See Section 357(1) and 357 (2) of Cr.P.C.)

21.       If the accused has undergone any detention during the period of investigation and trial then while convicting him, a set off can be given under section 428 of Cr.P.C.)

22.       Upon conviction, accused can request for suspension of sentence under section 389 (3) of Cr.P.C.

23.       In view of section 437-A of Cr.P.C. accused has to submit bail bonds to appear before the next appellate court.

Civil Suit Trial Stages

Schedule of Cases (Amended)

STAGES OF CIVIL SUIT

STAGES OF CIVIL SUIT

Normally a civil suit has to travel through 17 main stages from institution of the suit till its judgment, they are as under :-

Sr.	Stage	Provision	Time	Option
1	Institution of Suit	Order 4, 6 and 7
2	Issue of Summons	Order 5	30	M
3	Filing of Written Statement	Order 8	30	M
4	Examination of Parties	Order 10	10	D
5	Settlement of Despute	Section 89	15	M
6	Discovery & Inspection	Order 11	30	M
7	Admission	Order 12	15	M
8	Production of Documents	Order 13	07	D
9	Framing of Issues	Order 14	15	M
10	List of Witness	Order 16	15	M
11	Summons to Witnesses	Order 16 R 1 (4)	05	M
12	Settling Date	Order 16	07	M
13	Evidence of Parties	Order 18 R 4 r/w Order 17	----	M
14	Exhibiting of Documents	Order 18 R 4 (1) Proviso	07	D
15	Cross-exam by parties	Order 18 R 4 (2)	----	M
16	Arguments	Order 18 R 2 (3A)	----	D
17	Judgment	Order 20	30	M

            Out of these 17 main stages the amended code does not speak about any time limit for Examination of Parties - Order 10, Settlement of Disputes - Section 89, Production of Documents - Order 13, Exhibiting of Documents - Order 18 R 4 (1) proviso and Arguments - Order 18 R 2 (3A), but in the rest of the provisions the amended code has given time limits in the provisions itself and we cannot ignore them so easily and without any rare and exceptional circumstances.

Hon’ble Apex Court in case of Salem Bar cited supra has given a landmark in each of the provision.  In the light of this judgment every thing was set right.  Till the preparation of this paper Hon’ble Apex Court, High courts of various states including Hon’ble Bombay High Court has delivered judgments in respect of all the 17 stages as mentioned above. 

Now once a party has filed the suit then he has to comply all the provisions one by one within the stipulated time. If the table shown as above is effectively implemented then no prejudice is likely to be caused to either of the parties and it will be a milestone in disposing off the civil suit in a stipulated time and that too within the framework of law, respecting the intention of the legislature. Now it is for us to decide whether to follow the provisions or the practice while interpreting and implementing the provisions of amended code. 

In the amended code most of the provisions contains time limits for a particular stage.  Maximum of the provisions are mandatory in nature and in very few of them the discretion lies with the court.

1.                  Plaintiff has to file the plaint complying the provisions in all respect as contemplated under Order 4 r/w Order 6 and 7 of the code.

2.                  Plaintiff  has to issue summons within 30 days from the institution of suit.

3.                  After the service of summons defendant has to file his written statement within 30 days from the receipt of summons as per Order 8 R 1 of the code

4.                  No further time exceeding 90 days after date of service of summons be extended for filing written statement as per proviso to Order 8 R 1 of the code.

5.                  Within 10 days from the filing of written statement court has to examine the parties so as to explore the possibilities of compromise in between the parties and to refer the matter of settlement under section 89 of the code.

6.                  If parties fail to compromise the matter then court has to keep the matter for discovery and inspection  within the time span of           7 – 10 – 10 – 3 days,  as per Order 11 of the code.

7.                  Then to adjourn the matter for admission within the time span of  15 days as per Order 12 of the code.

8.                  Then parties have to file the original documents prior to framing of issues within the time span of  7 days, as per Order 13 of the code.

9.                  Court has to frame the issues within 15 days as per Order 14 of the code.

10.              Parties have to file the list of witnesses within 15 days from the date of framing of issues as per Order 16 of the code.

11.              Plaintiff has to issue summons to the witnesses either for adducing evidence or for production of documents within 5 days of filing of list as per Order 16 R 1 (4) of the code.

12.              Parties have to settle the date of evidence as per Order 16 of the code.

13.              Plaintiff has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.

14.              Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.

15.              Cross examination of the plaintiff and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.

16.              Defendant has to issue summons to the witnesses either for adducing evidence or for production of documents as per Order 16 R 1 (4) of the code.

17.              Defendant  has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.

18.              Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.

19.              Cross examination of the defendant and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.

20.              Parties have to conclude their arguments within 15 days from the completion of their respective evidence as per Order 18 R 2 (3A) of the code.

21.              Court has to delivered judgment forthwith or on or before 30 days and not exceeding 60 days from the date of conclusion of the arguments as per Order 20 R 1 of the code.

EXPERIENCE

This was my first time in my life till today to board a plane for Malaysia. I was so excited on 6th July. My Flight to Malaysia was scheduled at 8.55 PM from Mumbai International Airport. So I reached there by 6' O Clock for check in. As soon as I reached Airport, I was informed that my flight is retimed to 10:50 PM, so I made some necessary calls to my family and friends and then Checked-in at 8' O Clock. After the formalities of Boarding Pass, Emigration, I finally entered inside the Airport.

There I found so many persons waiting for their call to board the plane. It was 10:30 PM, I was informed that my flight has not been reached to the Airport from Malaysia. It was informed to me that, the flight will arrive at 12:40 PM and it will take another 1 hour to reschedule the things and take off. There I found, absolutely Mess at the Airport. There was no proper seats in the waiting area. Everybody was asking each other about the flight, its arrival and departure. There was not a single person from the Airport Authority to solace the people. So I decided to take a ride to food stalls.

AT the food stalls the prices were on the sky. A Pulav costs Rs.175/-, A can of Beer Rs.260/-, Biryani costs Rs.150/-, A water Bottle costs Rs.50/-. It was horrible experience to see these price tags. Forcibly I have to eat Pulav and took a sip of water. Again went to boarding area. It was 12:50 AM, an announcement was made for the passengers flying to Malaysia to board the plane.

When I entered the plane, I saw some typical faces of Air Hostesses Red Dressed. It was a fun for the conversation with them. One of the Air Hostesses helped me to reach my seat, fortunately it was a window seat. Around 1:30 AM, there was an announcement to fasten the seat belt. Thereafter two Air Hostesses performed the practical, for fasten the seat belt, oxygen mask, life jacket in case the plane falls in sea, etc

Exactly at 1:40 AM the plane started. During take off, I saw from the window, and it was so beautiful to see the Mumbai lights. After few minutes our plane was above the cloud. when the plane was in Air Pockets ( I think turbulance) it was moving up and down, so I tightened my hands on the chair and forcibly slept. I was so frightened to unfasten the seatbelt. But my friend helped me out and then I took a walk from front to the back of the plane.

At around 9:10 AM (6:10 IST) the plane landed at Kuala Lumpur Airport. The Green City, with full of Field Squares, Water, Greenery. After completing the formality of emigration, baggage, I came out of the Airport, there I saw, a woman with a plate searching for me and my friends. She immediately took us to our hotel Brisdale in Kuala Lumpur.

In Brisdale Hotel, the receptionist asked me to wait till 2:00 PM, as it is the regular check-in time in Malaysia. So I kept the luggage and went outside, to satisfy the tummy.There I found one Shalimar Restaurant, at the Chow Kit sqaure. The owner of the Restaurant was typical ANNA. While perusing Menu Card, I felt very joyous. I could eat, Rice, Masala Dosa, Wada, Uttapam, Samosa, Jilebi, Gulabjam, Balushahi. Farsan, Misal, Tea, Coffee.

After a typical गयावया to the Receptionist, she gave me room at 12:00 Noon. Where I take the first foreign bath. The ambience of hotel and bathroom is normally seen in pictures. After that, I took a survey of the entire hotel Brisdale, I was accomodated on 14th Floor, Then I went to 17th Floor where the Restaurant is situated.

The first thing I saw in KL, is the discipline. The vehicles specially Buses, Private Cars, Taxis were plying in a very smooth manner, there was no rashness in their driving. There are yellow and black strips at the roads, with a pedestrian signals ( both working) I have not heard a single horn of any vehicle during my 5 days stay in KL. Even if the pedestrian has a red signal and still he attempts to cross the road, the vehicles are automatically stopped allowing him to cross the road. No abuses, no staring towards such a person.

The most important thing I saw is that, all the Signals (Red, Yellow and Green including pedestrian signlas) were working properly throughout a day and night. Four and Two wheelers always accomodates the pedestrian. Inter alia, there were mono rail, and metro rail. Mono rail, Metro Rail, Buses are fully automatic and air conditioned. Similarly parking of vehicles at the road side was really an eyeopener for our indians. Above all, there was no traffic police guarding the roads for hours together.

There are cement road cutting across. A proper drainage ( fully covered ) running beneath the roads. Unmanned Public Toilets are situated at every square. Just you have to insert 50 cents and the door is opened automatically. Inside those toilets are well equipped with censors. Water dispensation, hand dryer are well maintained. No taps from the basins were found removed. The people were using the paper roll as per their minimum requirements.

After say every 100 to 200 feet, there was a dustbin. No pieces of any waste products are thrown on the streets, and if anybody throws it, the pure malaysian picked it up and placed in the dustbin. After every 200 to 500 square feet, a persons are deputed to pick up the waste, and wash the road by wet and dry mops. Every taxis, during day or night time scrupoulously plied by a meter. A minimum fare of taxy is 3 Ringgit i.e. Rs.45 INR.

Malaysia was earlier rulled by Britishers. In 1957 Malaysia got the Independence. Since then there are number of fly overs ( almost 10 times what Maharashtra Govt including Gadkari Regime in all these 63 years (if 1947 is taken) and 50 years (if 1960 is taken) constructed by Malaysian Government only. There were no fly overs in the regime of British rule malaysia. All the fly overs are well-planned and properly connecting to the localities, having walkways at necessary points ( to avoid the long U turn for the public and vehicles )

India and Malaysia is having great resemblance in respect of Pre and Post Independence still due to lack of vision of our great leaders we remain in the same old state till we cross 63 years of Independence India. The malaysia is leading in all spheres i.e. Technology, Governance, Road and Transport, Conservancy, Taxes, Facilities to Public, Rail, conveyance, Agriculture, Chemicals, Food Products, Electricity, Petroleum products, Water management. etc etc and so on. We have only beat them in terms of Population.

The best thing I saw is the Rail Ticketing. After you purchase a mono rail ticket, you have to insert it in a check-in box, after you insert it, the screen shows the message, TICKET ACCEPTED, there after from another slot, you receive the ticket. After you board the monorail and get down from it, again you have to insert it in a check-out box, then again same message is displayed and the ticket is deposited in the box, then only the exit gates are opened and you could come out of the railway station. The exit gates are so sealed, that without reading the ticket it won't allow a single person to get out of the station. ( This was also unmanned railway station )

Similar is the case with the lockers. If you desired to put your hand bag, or small luggage, you have to insert three notes of 1 Ringgit in a slot, once you insert, a slip comes out having bar code and at the same time, a locker gets opened. On closing it locked automatically. Once you insert the slip in a bar code reader the locker panel opens waiting for you. This locker system is unmanned. Only enquiry counter is kept in case of emergency. This is what called a Use of Technology. Similar system is available in the Bank Lockers, Clock Rooms, Shop Lockers, etc.

I went to China Town. A grey market specially meant for excessive bargaining. China products are mostly kept for sell. Language is no barrier in Malaysia, there are many hindi knowing persons available there. A separate area is constituted for Food Hub in China town. Indians are also having shops in China town. But with a desent atmosphere, you can purchase in China Town.

...

I thought to purchase some T-Shirts for my son, and was searching for 26 to 30 number inside the collar. The shop owner asked me, to go for 14 to 18, which will beffit to my sons.

...

Really, we can't purchase cloths, t-shirts or bermudas for kids, as the number which they normally wear in India is used by moms of malaysia, so it is bit difficult to choose the beffiting garments.

The ethnic indian, Ananda Krishnan is the second richest man of Malaysia. He has owned one of the Petronas Twin Tower as it was built in the land owned by him. That building is having a resembling look of American Twin Tower. After the fall of towers on 9/11, these petronas were under close scrutiny and security. But since last two years, the security is cut down to almost 1/80th.

The national flower of malaysia is HIBISCUS i.e. Jaswand. There are number of trees of Hibiscus, on either side of the city roads. Hibiscus is consisting of 5 petals. each represent the policy of malaysia.

1) Unity 2) democracy 3) equal distribution of wealth in society 4) liberal approach and 5) progressive society.

....

Every political party is having the great respect of Hibiscus. I did not find any instance from the people hating the national flower just because it is the election symbol of any political party. In india, our lotus is more deepened in the mud, and found in very few parts of the country.

Tiger is the National Animal of Malaysia. Again there is a resemblance. But only for the namesake. The way of protecting them is simply marvelous. There is no hunting of Tigers (legally or illegally). The number of tigers of Malaysia is around 769.

The most humble, sophisticated and submissive person you will get in Malaysia is the POLICE. You can have a chat with him, can take snaps with him. You can ask n number of questions to him, he is always ready to provide you every details and get the best deal of conveyance. He is the true caretaker of public maintaining law and order in the most suitable manner. I haven't heard of any road accident from him since last 16 months in KL city.

Malaysia is self sufficient and independent for petroleum products, hence petrol price there in Malaysia is Rs.26 per litre. Similarly they prepared one typical type of rustless metal which has a regular demand in all over the globe. There is a free economy. Genuinely a freedom of thoughts, profession, worship can be experienced in Malaysia. There is no pseudo type politics or red tapism adopted in Malaysia.

It is the Government, who has initially given some facility to the public at large and in turn expecting self imposed discipline from the people. The people are also supporting the country in all respect very respectably. Government has given the facilities more than the expectations of the public, the people has to only maintain it and they are maintaining it quite nicely.

In Malaysia, I found number of shops of SPA or Massage Centre after every 100 to 200 feet. The charts are displayed on the roads detailing the types of massage, including medicure, pedicure, body massage, fish massage, etc etc. The people over there are very much health conscious. Unlike our Yoga Taparis, every government office has motivated the ppl for maintaining peaceful mind, healthy body, and balance activities.

There are some big SPA providing Jakuzi, Sauna, Steam in just RM 85 i.e. about Rs.1,000/- Every SPA shop has a polite instructor, who helps us maintaining the time slots in Sauna and Steam Rooms. A cold drink or a coffee as per the taste is also provided.

There are no Taparis, for Pawn and Gutkha, though there is no restriction over it, still in very few places, I saw Beetel Leaves. Cigaratte stalls are in ample number. Normally Dunhill and Marlborou Cigarattes are famous in KL. Some shops provides Zurkas or Chilims in a Gudgudi.

Though there are no written rules for the Do's and Don't, still the ppl are following some unwritten convention as far as cleanliness, traffic rules, paying of taxes, use of facilities, hospitality, hygenic conditions in hotels, shops and eating houses. Every individual is working in the growth of the country.

Malaysia is a city of Malls. Big Malls. You can invariably see the big Escalators. Ofcourse there are stairs but they are only 10% of the escalators. The most important thing is that, all the escalators are in working condition. I had an opportunity to take 13 escalators in a row to reach on the 24th level of a mall. The maintenance of the escalators is simply marvellous and flawless. There is no single instance that I have seen the escalator not working.

I also went to Genting Highland. This Genting Highland is privately owned by a Chinese person. The hotels in Genting is world class. Out of that, I stayed in Hotel First World. This is the biggest Hotel in the World. It is a Guiness Record Holder. This hotel has 6118 Rooms. Genting Highlands experienced IIFA Awards in 2002. There are two towers of First World, I stayed in Tower 2 at 27th Floor. The technology is used at its maximum. You have express check-in and check-out box here. The waiting hall is a huge one. Casino at the Level 1 is the biggest Casino after Vegas. It takes about 2 to 3 hours to check-in the First World Hotel. Normal check-in time is 2'O Clock.

It was a matter of pleasure and privilege to see the electronic lockers. The casino in Hotel Genting is even bigger than the casino of First World. The Indoor Theme Part of First World is class of its own. Full of lights. You can enjoy Roller Coasters, Car, Electronic Water Boat, Casino, Jackpot, Three Dice, Poker, Three Card Poker, Rud Gullette, Wheel of Fortune. Anybody will just fall in love with such a place. I think Heaven will be the proper word.

On 8th Level, there is a Continental Cafe, where you can get, Thai, Chinese, Continental, Indian food as well. A typical Dahi-Bhaat, Tandoori roti, Biryani, is the best dish one can have in the Shop of Mr.Shaiful on 8th Level. At least once, we shud experience the cleanliness, hygenic condition there in First World.

As far as Non-vegetarian, there is a very bad news, except Chicken Curry and Masala, nothing is available which can be consumed. There is no Mutton served in First World. The Beef Meat and Australian Lamb is served in the category of Mutton.