eng
competition

Text Practice Mode

Typing Matter of Examination of Madhya Pradesh High Court

created Apr 16th, 16:50 by DEEPAK KOSTI


4


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348 words
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The purpose of the procedural law is to aid and assist the court in the dispensation of justice, a veritable handmaiden. In some cases, the investigation may be influenced by the powers and the investigating agency may file a closure report even in a case where evidence may be forthcoming to file chargesheet. In cases where the defacto complainant is a private party, he or she may feel aggrieved by the investigating agency due to filing a closure report in favour of the accused and thus willing to protest against the closure report and why the same ought not to be accepted by the magistrate. In such a case, nothing prevents the magistrate from converting the case which was originally initiated under chapter XII of the Code of Criminal Procedure arising from the registration of a FIR to a complaint case under chapter XV of the Code of Criminal Procedure where the defacto complainant prefers protest petition against the closure report. In such a case the magistrate can take cognizance under section 190(1) (a) of the Code of Criminal Procedure and exercise jurisdiction under section 202 CrPC and carry out an enquiry, either himself or on an investigation through any other person so authorised by him or even the police. The distinction between a further investigation by the police under section 156 (3) of the Code of Criminal Procedure and of an enquiry conducted by the police on the orders of a magistrate under section 202 of Code of Criminal Procedure is that further investigation by the police is done under section 156 (3) at the pre-cognizance stage where as the enquiry by the police under section 202 of the Code of Criminal Procedure at the post cognizance stage. There may be a difficulty in cases where previous sanction is required under section 197 of Code of Criminal Procedure or under a special statute like the Prevention of Corruption Act, 1988. In such a case magistrate cannot pass an order under section 202 of Code of Criminal Procedure for conducting an enquiry in the absence of previous sanction.

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