Summary Triable Case?

Jayesh Kumar (Querist) 24 July 2011 This query is : Resolved
All Experts,

Having insufficient Criminal law knowledge I seek the help of Experts. Please advice.

In a summary triable case u/s 200 CrPC, what is the meaning of framing of charge, does it mean that the Court is changing the trial from summary triable to warrant case? The orders for issuing the summons happened in March 2010. Accused have till this date not received the copies of the documents filed on record. No discharge filed by accused. Trial is simply accused marking presence in the court and next date being granted. No further developments in the case from complaints, accused and the Court, yet at this stage what scope is to convert it into warrant case from summary triable if framing of charges in a summary triable case means as I understand at the moment?

Regards,

Regards,

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THANKACHAN V P (Expert) 24 July 2011
I didn't fully understand your question but I think you have misquoted provision. It is 260 of Crpc not 200 in which court record only plea of the accused.Please furnish the facts of the case .

260. Power to try summarily.

(1) Notwithstanding anything contained in this Code-

(a) Any Chief Judicial Magistrate:

(b) Any Metropolitan Magistrate;

(c) Any, Magistrate of the first class specially empowered in this behalf by the High Court,

may any of he thinks fit, try in a summary way all or any of the following offences.

(i) Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(ii) Theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen does not exceed two hundred rupees:

(iii) Receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where the value of the property does not exceed two hundred rupees.

(iv) Assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code (45 of 1860) where the value of such property does not exceed two hundred rupees;

(v) Offences under sections 454 and 456 of the Indian Penal Code (45 of 1860);

(vi) Insult with intent to provoke a breach of the peace, under section 504 and criminal intimidation, under section 506 of the Indian Penal Code (45 of 1860).

(vii) Abetment of any, of the foregoing offences;

(viii) An attempt to commit any of the foregoing offences, when such attempt is an offence;

(ix) Any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-Trespass Act, 1871 (1 of 1871).

(2) When, in the Course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear, the case in the manner provided by this Code.

Jayesh Kumar (Querist) 24 July 2011
Sir,

The Court is saying that it shall frame charges in a case which it had ordered to be tried summaraily. When such is said, what is the meaning?

Regards,