|Originally posted by : aatma
Any criminal proceedings pending against applicant in any court in India.
What is the exact legal definition for criminal proceedings in the above sentence - is it strat from the FIR or after the charge sheet or after the trial start?
It doesn't start from the FIR.
It starts from the date the Magistrate/Judge accepts the chargesheet filed by Police.
Let's have a focus on some point.
You might be accused by an FIR and thrown to jail for slapping someone. Any jailed person will try to get out of jail on bail. In such cases, Police rarely consider to file a chargesheet as these kinds of cases are too common and a waste of Court's valuable time.
This question confuses most people and doesn't get a valid answer. Why? Because most Lawyers want you to pay them.
The same question I asked to retired Justice M Katju, and he too advised me to talk to a lawyer. (I use to talk to him over many legal matters and he answers most, but this one he skipped. I don't know why he skipped.)
Finally, I asked the same to a senior Judge of CBI Court as a part of a personal discussion. He cleared the confusion. His answer is, "Once a person is freed on bail (unless the case is related to any heinous crime or crime against the state), it is no longer a matter of court until the concerned Investigative Officer of the case submits charge-sheet at concerned court. "