Tuesday, 28 July 2015

Re: [SaveIndianFamily] 498A Steps

 

As per my knowledge the step 8 also applicable, as the DV goes as per CRPC125  for final order. For interm the same not required.

 Rest who ever faced can share their experience.

On Wed, Jul 29, 2015 at 2:44 AM, Victim wali6963@yahoo.in [saveindianfamily] <saveindianfamily@yahoogroups.com> wrote:
 

Does the below step number 8 also happen in DV case? (during the evidence stage)

OR

her complaint is sufficient and considered as already on court record, and she doesn't  need to state on oath again in front of judge (DVC court)?

Please guide
W
 
From: "arkoti2002@yahoo.co.in [saveindianfamily]" <saveindianfamily@yahoogroups.com>
To: saveindianfamily@yahoogroups.com
Sent: Sunday, 26 July 2015 8:27 PM
Subject: [SaveIndianFamily] 498A Steps

 
Here are the steps:
This is 'Police Warrant' case i.e. instituted on police complaint (complaint given by 'Informant' i.e. wife in this case)
1] F.I.R.
2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.'s permission is required for arrest.
3] Bail. Police asks for 'Police Custody' (called 'PC') for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for 'Judicial Custody' (called 'JC'). Then accused apply for 'bail', say from 'police prosecutor' (called 'pp') and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that 'bail' is always granted from 'JC' AND NOT FROM 'PC'. The process in legal fraternity is called breaking 'PC' to 'JC'.
4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time – no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.
5] At the time of receiving chargesheet which is given free of cost to 'each' accused by 'pp' in court, sometime court asks accused whether they are guilty, normally accused say – not guilty. Check the charge sheet – it is also called 'Final Report' – there should be a table showing list of witnesses and documents – many times it is not given, tell court for any discrepancy in it.
6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).
7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.
8] Then First witness – wife – PW1 – PP asks question to her based on her complaint to take FIR on court record. Then accused's counsel cross examine her.
9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).
10] Then I/O's examination-in-chief by PP and cross by accused's advocate (counsel).
11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused's advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).
12] Accused are examined by magistrate u/s313 Cr.P.C.
13] Then PP gives argument, then accused's advocate gives argument.
14] Enjoy – Now order – Acquittal/Sentencing.
15] Detailed written order is given after few days.





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Posted by: Swarup Sarkar <stopabuseofmen@gmail.com>
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