HIgh Court not to interfer.
Querist :
Anonymous
(Querist) 01 May 2011
This query is : Resolved
In Challan (charge sheet as you referred) Column No.1 contains the list of the accused who have been found guilty by police during investigation or after the completion of investigation and the Column No. 2 contains against whom the police finds no case or they are not found to be culprit by the police.
However it is upon the Magistrate either to accept or reject the police report. But how many columns are there in a charge sheet. Can anyone give me the format or copy of the charge sheet in the state of Maharashtra?
Which Section says that High court will not interfere the police investigation? so what about section 482 of the crpc it has no value. So we can say that section 482 is not applicable during investigation.
Thanks.
Thanks.
M/s. Y-not legal services
(Expert) 01 May 2011
No formate for charge sheet.. Its include the complaint, f.i.r, 161 of Cr.p.c 's statements..etc..
M/s. Y-not legal services
(Expert) 01 May 2011
Then 482 cr.p.c stands for quash proceedings before the high court.. Its depends upon your case's stage.. If your as f.i.r stage only mean you may pray to quash the f.i.r. If charge sheet filed mean you may pray for quash the charge sheet which is on the file of concern judicial magistrate..
Querist :
Anonymous
(Querist) 01 May 2011
Don't say no
Sir Pls.
Thanks Sir as i am a student of law appeared for 2nd semseter help me in the belowmentioned one topic's
1)Special Executive Magistrates Executive Magistrates, Additional District Magistrate, District Magistrate and Sub-divisional Magistrate. Chief Metropolitan Magistrate Metropolitan Magistrate. Crpc has not given any pecuniary limit to the above one that they can take the cognizance for the offence. Or which offence is heard by the above mentioned Magistrate. Chronological vice who is superior to how & subordinate to session judge. Also there is much confusion as between them so give me the difference in it? Appearing for 2 semesters do help me out in my exam.
2)What do u mean by Community service Register? Is there any provision allowing police station in maintaining community service register? It has been said that CSR is given when the case is not registered but as we know that if the case is not registered it means the police officer refused to take the FIR then we have to go to the SP so why CSR number is given.
Thanks.
Guest
(Expert) 01 May 2011
this can be clear with the IPC book that which offence is tried by whom in your syllabus and also in the Cr. P.c. it is mentioned that which offence is tried by whom it is given in the last in the book of Crpc
Querist :
Anonymous
(Querist) 01 May 2011
thanks sir that i known but what about the point 1 & 2 of my query posted regarding the magistrate & CSR.
Thanks
Guest
(Expert) 01 May 2011
Special Executive Magistrates Executive Magistrates, Additional District Magistrate, District Magistrate and Sub-divisional Magistrate these are appointed for the control of the city and they are different from the judicial powers they are provided with the revenue powers and deal in the cases of surplus, partition, mutation cases. these does not take the cognizance of the offence and the SDM decides only the case like 107/151 Cr.p.c related to the property. like deputy commissioner is called the District magistrate.
Chief Metropolitan Magistrate Metropolitan Magistrate. metropolitan magistrate and chief judicial magistrate and additional chief judicial magistrate and judicial magistrate First class and IInd class are for the judicial purpose and they take the cognizance of the offences.
chief metropolitan magistrate and chief judicial magistrate tries the same offence or have the same jurisdictional value.
session judge is the District judge and administrative head of the district for the judicial department of the district and the addition sessions judge OR additional district judge have little less power and works under the same high court but not the head of the district.
the sessions judge can pass any order for the imprisonment as the high court can pass.
you can see the section 28 and 29 in this regard
