Dv act case sequence please
Kumar
(Querist) 20 August 2014
This query is : Resolved
Hi Experts, I have private complaint 200 crpc and sequence completed are:
1. Summons to accused
2. Po investigation and report (DIR)
3. Evidence by petitioner given
and next is pending for "Cross examination" of petitioner by me.
I would like to know exact sequence of proceeding. Below is a sequence for another case and send by my friend for reference.
please send me for Dv act.
Another scenario:
General sequence for your reference
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.
Rajendra K Goyal
(Expert) 21 August 2014
Academic query. Consult some senior lawyer.
Kumar
(Querist) 21 August 2014
Ok Sir, I am closing this thread
ABDUL RAZIQUE
(Expert) 21 August 2014
You may search DV Act on net or purchase a book from a law book store. this site is not for provide any Act book as per your request "please send me for Dv act."
Shonee Kapoor
(Expert) 22 August 2014
:-) Academic Query.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
V R SHROFF
(Expert) 22 August 2014
ACADEMIC QUERY/ BUT INFORMATIVE FOR MANY !!
T. Kalaiselvan, Advocate
(Expert) 25 August 2014
Go through the books meant for the purpose or discuss the issues with your friends/colleagues, this is not a place for teaching law.
manoj joshi
(Expert) 04 November 2014
dear friend
here i wish to guide to through d.v. act filing procedure
1. complain to protection officer of your district
2. protection officer will file complain on behalf of complainant
3.report of protection officer will be filled and summon will be served to accused/for whome complain has been made
4.judicial magistrate will take cogninge
nce
5. after apperence of accused cases will be summerelly trialed.
