When an accused is summoned to appear before the Magistrate under this chapter, then the complaint cannot be dismissed under Section 203. 5 Section 206 – Special summons in cases of petty offence. If, however, the Police Report does not relate to the accused in the complaint case or if the Magistrate does not take cognizance of any offence on the Police Report, he must proceed with the inquiry or trial stayed by him (as above) as per the provisions of the Code.There was no provision corresponding to S. 210 in the old Code. 9 24 Here we will discuss section 200 to section 204 of the criminal procedure code . WhatsApp. 19 12 Twitter. However, at any stage of the proceedings, the Magistrate may, in his discretion, direct the personal attendance of the accused, and if necessary, enforces such attendance in the manner prescribed by the Court.The Mysore High Court has observed that where the alleged offences are of a serious nature involving moral turpitude, and are punishable with a sentence of imprisonment, whilst granting exemption under this section, the status of the accused should not be considered.Although there is no specific exemption made by S. 205 in favour of a pardanashin woman, the Magistrate must exercise his discretion in such a case with reference to the social status of the woman, the custom of the society, and the nature of the offence. I aspire to become a very successful, well renowned lawyer someday ! 260 and 261.Offense punishable only with fine not exceeding ₨.1000.Does not include offence so punishable under Motor Vehicles 1939 or i.e., less than Rs. Jurisdiction of Criminal Courts. 23 It provides that, in such a case, the Magistrate must stay all the proceedings in respect of the inquiry or trial in the complaint case, and call for a report on the matter from the Police Officer who is conducting the investigation.If a Report is made by the investigating Police Officer, and on such a Report, cognizance of any offence is taken by the Magistrate; the Magistrate must try the complaint case and the case arising out of the Police Report, as if both the cases were instituted on a Police Report. SECTION 204:- ISSUE OF PROCESS. 19 Therefore, unless there is sufficient ground for proceeding with the complaint, or sufficient material to justify issue of a process, the Magistrate should not issue the process.However, if two counter-complainants prefer complaints before a Magistrate, he can validly issue a process in one case, and postpone the issue of a process in the other case, until disposal of the first case.Section 205: Magistrate may dispense with personal attendence of accused205, which contains a salutary rule of procedure, provides that whenever a Magistrate issues a summons, he may dispense with the personal attendance of the accused, and allow him to appear through his Pleader, if there is sufficient reason for doing so. 14 Dhara-210 = Pariwad wale maamle mein anusaran ki jane wali prakriya aur usi apradh ke bare mein Police anvesadn. 13 However, at any stage of the proceedings, the Magistrate may, in his discretion, direct the personal attendance of the accused, and if necessary, enforces such attendance in the manner prescribed by the Court.3) Can Magistrate exercise power to a compoundable offence?Yes it is true, by the 1978 Amendment, now the Magistrate is empowered by the State Government to exercise the powers with respect to a compoundable offence, or any offence punishable with less than three months imprisonment, or fine, or both, if the Magistrate is of the opinion that, with regard to the facts and circumstances of the case, the fine imposition would help to meet the ends of the case.4) How does Magistrate determine whether the process is issued or not?In determining whether he should issue a process or not, the Magistrate must proceed according to the provisions of the Code, and then if he opines that there exists a prima facie case, he ought to issue the process. Records, documents & articles of the case to that court.When in ease instituted otherwise than on police report i.e., complaint case, if it is made to appear to Magistrate during inquiry or trial that an investigation by the police is in progress in relation to the offence, Magistrate shall stay proceedings of inquiry or trial.In request of an investigation by a police report is positive when Magistrate shall inquire or try together both the case i.e. Generally accused is produced with the charged sheet but when accused does not come exceptionally when the process is issued. Print. Commencement Of Proceedings Before Magistrates (Part-2) Section-210 = Procedure to be followed when there is a complaint case and Police investigation in respect of the same offence. It was the curiosity to know how criminal procedure comes into action , what is the role of evidences in any offence , the provisions related to imprisionments and bails , the penalties and fines to be imposed and many other questions that drew me to pursue law as a career. By. 206 may empower Magistrate in following matters to issue special summon.An offence was punishable with imprisonment for a term not exceeding 3 years.Where proceedings instituted on a police report, Magistrate shall furnish a copy of the following, to accused free of cost:Statement recorded U/S. 7 Sunday, August 16, 2020
12 9 6 and all of these subjects never fail to disappoint me with their diverse provisions and their landmark cases . 5 Issue of processed; CrPC Section 205.
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