Z. A. LOHAR LAW Chamber

16/04/2023

***FALSE & FABRICATED FIR/COMPLAINT***

False FIR or complaints simply means making false allegations with malicious intention by lodging FIR or complaints based on falsifying the facts and fabricating the circumstances in order to persecute the other person.

A law is made for the welfare of the people, safety and security of the state. The laws are made keeping in mind the interests of the people. There are a number of laws made to safeguard the suppressed. Yet some people tend to exploit and take the undue advantage of the laws formulated to safeguard them and use them to blackmail innocent people and implicate them with false charges, dissipating Court's time.

Setting the trend of fabricating complaints, people tend use FIR as their weapon for retribution. For this very reason lawmakers have made a certain set of laws to protect the innocent people from exploitation of such laws.

18/01/2023

Detailed Steps of With Relevent Provisions.

A Criminal trial goes through the following steps.

1) FIR U/S 154 ,or Direct complaint U/S 200 of Cr.P.C 1898.

2) Investigation U/S 156 or inquiry Under section 202 of Cr.P.C 1898.

3) Record of statement and confession Under section 161 and 164 read with section 364 of Cr.P.C 1898.

(4)Physical Or police remand U/S 167, 344 of Cr.P.C 1898.

5) Submission of Challan Under section 173 of Cr.P.C 1898, under following modes;

A) Section 169 of Cr.P.C 1898.

Release of accused when evidence deficient.

B.) Section 170 of Cr.P.C 1898.

Case to be sent to magistrate when evidence are sufficient.

C) Section 512 of Cr.P.C 1898.

Record of evidence in absence of accused.


(6) Quashing of FIR Under Section 561-A of Cr.P.C 1898.

(7)Taking cognizance under section 190 of Cr.P.C 1898.

(8)Issue of process Under section 204 of Cr.P.C 1898.

9) Bail in Bailable offences under section 496 of Cr.P.C 1898 and Bail in Non-bailable offences under section 497 of of Cr.P.C 1898.

10) The framing of charge from Sections 221 to 240 of Cr.P.C 1898 onwards.

11) Speedy acquittal under section 249-A for Magisterial trial. And under section 265-K for Session's Trial.

Note: After hearing the prosecutor and accused counsel, reasons shall be reasons be recorded for every finding.

12) Pleading guilty under sections 243 and 265-E of Cr.P.C 1898.

13) Beginning of prosecution evidence:

Prosecution Evidence, through Examination in chief, Cross Examination and Re-examination (If any).

14) Beginning of defense evidence, Statement of Accused under section 342 of Cr.P.C 1898.

15) Final Arguments.

16) Pronouncement of Judgment under section 366 of Cr.P.C 1898.

A) Acquittal under sections 245 & 265-H of Cr.P.C 1898,

or Conviction under sections 245(2) & 265-H(2) of of Cr.P.C 1898.

17) Appeal:

A) Appeal to court of session against sentenced passed by the assistant session judge or judicial magistrate under Section 408 of Cr.P.C 1898.

B.) Appeal to to high court against the sentence passed by Session's or Additional Session's Judge under section 410 of Cr.P.C 1898.

C) Appeal against acquittal through Public Prosecutor under section 417 of Cr.P.C 1898.

14/12/2022

17/11/2022

Cr.P.C on fingers tips...

💨 *Criminal courts*- (sec 6-17)
💨 *Justice of peace* - ( sec 22,22-A,22- B,25)
💨 *Power of courts*- (28-41)
Imp sec (30+34,31,32,33)
💨 *Aid to Mag & Police*- (42-45)
💨 *Arrest generally how made* (46-53)
Imp sec 51
💨 *Arrest without warrant*(54-67)
Imp sec (57,61,63,65)
💨 *Process to compel appearance and produce document* ( 68-74)(90-94)
Imp sec (90,91,94)
💨 *Warrant of arrest* (75-86-A)
💨 *Proclamation and attachment* (87-89)
💨 *Search warrants* (96-105)
Imp sec (98,100,103)
💨 *Wrongfully confined person/ Habeous Corpus* (100+491+552)
💨 *Security for keeping peace* (106-126-A)
Imp sec (106,107,116,123)
💨 *Unlawful Assembly* (127-132-A)
💨 *Public Nuisance* (133-144)
Imp sec (144)
💨 *Disputes to immovable property* (145-148)
💨 *Preventive action of police* (149-153)
💨 *FIR and power to investigate* (154-176)
Imp sec (154,155,156,161,164,165,167,173,176)
💨 *Statements of witnesses* (164+364+533)
💨 *Search of closed place by police* (165+102+103)
💨 *Physical and judicial remand* (167+344)
💨 *Disinter corpses* (176)
💨 *Place of inquiry and trial* (177-189)
💨 *Cognizance by Magistrate/Session/HC* (190-194)
💨 *Transfer of cases* (191,192,526,527,528)
💨 *Cases in which cognizance shall be taken only when complaint filed by the required complainant* (195-199B)
💨 *Complaint* (200-203)
💨 *Zina/Qazf/Fornication* (203 A,B,C)
💨 *Issue of process* (204)
💨 *Attendance dispense with* (116,205,540-A)
💨 *Charge* (221-240)
💨 *Framing of charge*(221,222,223)
💨 *Error of charge*(225,232,535)
💨 *Alteration of charge*(227,228,229,230,231)
💨 *Joinder of charges*(233,234,235,236,239)
💨 *Charge with one offence may be convicted of another* (236, 237,238)
💨 *Withdrawal of charge*(240)
💨 *Trial of Magistrate* (241-249-A)
💨 *Compensation in false accusation* (250)
💨 *Summary Trial* (260-265)
💨 *Trial before session and High court* (265A-265N)
💨 *Tender of Pardon* (337-339A,343)
💨 *Accused pleads guilty* (340)
💨 *Accused doesnot understand proceedings* (341)
💨 *Power to examine accused* (342)
💨 *Compoundable offences* (345)
💨 *Mag lacks jurisdiction*( 346,347)
💨 *Recording of evidence* (353-365)
💨 *Judgment* (366-373)(509-512)
💨 *Submission of sentence for confirmation* (374-379)
💨 *Ex*****on* (381-389)(396-400)
💨 *Suspension, remission and commutation* (401,402)
💨 *Double jeopardy* (403,art 13,sec 26 of general clauses,sec 11 cpc)
💨 *Appeals*(404-431)
Imp sec (408,410,411-A,417,423+ 376,426,428+375)
💨 *Revision/reference* (435/442)
Imp sec (435,439,439-A)
💨 *Lunatics* (464-475)
💨 *Affecting administration of justice* (476-487)
💨 *Public Prosecutor* (492-495)
💨 *Bail* (496-502)
💨 *Commissions* (503-508A)
💨 *Bonds* (513-516)
💨 *Irregularities that vitiate or dont vitiate proceedings*(529,530)
💨 *Compensation to heirs* (544-A)
💨 *Inherent power of High Court* (561-A)

07/08/2022

🔵 IMPORTANT QUESTIONS OF CrPC FOR JUDICIAL EXAM:

🔴 0. What is the difference between F.I.R & Challan?

👉A. It is first information report dealt in section 154 Cr. P C. It is not a substantive piece of evidence. Its objective is to put law in motion.

👉B. Challan is mentioned in 173 Cr P C. When the investigation report is completed the station officer shall submit a report to magistrate to take the cognizance of the office is known as Challan. It contains 07 columns

🔴 01. What are the remedies if SHO does not register the FIR?

👉An application under 22-A (6) clause 1 and 3 (by Justice of Peace)

👉Application under section 156 (3) before Magistrate.

👉Direct complaint 200 crpc

🔴 02. What is Remand (167) difference between Judicial Custody & Police Custody

👉A. Procedure when investigation cannot be completed in 24 hours fixed by the section 61 Cr. P C and there are grounds for believing that the accusation or information is well founded, the officer in charge of police station or police officer making the investigation shall forth with transmit to the nearest magistrate.

👉B. There are two types of remands

01. Judicial remand: means accused is sent to the judicial custody or judicial lock up.

02. Physical remand: means accused is given in the custody of police for the further investigation.

🔴 03. Define Charge & its Stages? Can a person charged with one offence be convicted of another offence if so?, when ?Alteration and modification charge?

A. A charge is the precise formulation of specific accusation made against the person. The object of the charge is to enable the accused the know the particular accusation made against him in order to meet and to be ready for them before evidences given as to make him able to meet his defence.

B. Particulars of the charge:

01. Specific name of the offence

02. Law or section of the law with which the offence is alleged have been committed

03. Time and place of the offence and the person against whom or the thing it was committed.

04. Data of the previous conviction for which punishment shall be enhanced.

C. The general rule is that accused cannot be convicted of an offence which he was not charged. The cased in which a person is charged of one offence still he can be convicted of another offences or exception to this general rule. These exceptions are provided in sections 237 and 238 of CrPC.

D. Police cannot amend the charge on their own and submit challan under without the approval of prosecution department. (1991 PCR LJ 723)

🔴 04. Can a person be charged in multiple cases?

A. Yes. General rule is that for every distinct offence of which any person is accused there shall be a separate charge; every such charge shall be tried separately.

The separate charge for distinct offences: mentioned section 233

🔴 05. Can a person be charged if his name is not mentioned in charge sheet, Provision?

A. Any person may give an application under section 190 to the magistrate to take cognizance of offence and charged the accused. And further more it is provided in the Cr PC under the title amendment in charge governed

🔴 06. Under what provision final report is submitted by police?

A. Final report is submitted under section 173 Cr. P C

🔴 07. What is Appeal?

A. Right of carrying a particular case from inferior court to superior court for ascertaining sustainability of judgement.

🔴 08. Can a Judicial Magistrate acquit accused at any time during the pendency of Trial? What is remedy against 249-A order?

A. Under Section 249-A A magistrate has a power to acquit an accused at any stage during the pendency of the trail. As 249-A is not the final order because magistrate can recall him on the basis of evidence.

B. If person is acquitted under section 249-A any person being aggrieved by the said order may file an acquittal appeal under section 417 before the High Court. No revision shall lie from said order.

🔴 09. Difference between 249 & 249- A?

A. Under section 249 magistrates may stop the proceeding when no complainant appears before the court. In the same way under section 249-A magistrate has the power to acquit the accused at any stage during the pendency of the trail.

B. Under section 249 once an accused discharged can be charged again. But under section 249-A magistrate can acquit the accused on the basis of evidence at any stage.

🔴 10. Whether order under section 249-A is final?

A. Order under 249-A is not final order. Magistrate has power to recall the accused on the basis of evidences established. An appeal can be filed against such order under 417 Cr.P.C

B. For example: If there are three accused and one of them was not found guilty then magistrate can acquit him at that stage of the proceeding and has power tio recall him when required.

🔴 11. Under what provisions appeal against acquittal is filed?

A. Acquittal appeal is filed under section 417.

B. Limitation: 30 Days. No special leave to appeal from an order of acquittal shall be entertained by HC after the expiry of 60 days from the date of that order (Government)

C. If in case of application for grant of special leave to appeal from an order of acquittal is refused no appeal from that order of acquittal shall lie

D. Power of appellate to punish, remand.......additional evidence (428)

E. Acquittal appeal once filed cannot be withdrawn.

🔴 12. What is the limitation period for appeal against acquittal

A. 30 days for private person and 60 days for government

🔴 13. Is there any Difference in appeal against acquittal filed by prosecution and complainant in Procedure?

A. Any aggrieved can file appeal against acquittal. There is limitation time for filing an appeal. As there is no sound difference between them.

🔴 14. Define Bail, Grounds for Grant & Rejection?

A. To give or deliver the accused in the hands of sureties. (496)

B. Granting of bail in bailable offences is a right of accused.

01. Right

C. Non bailable

01. It is given when no reasonable grounds for the commission of offence.

02. Any person under the age of 16 years, sick or infirm person, a woman.

03. It is provided as a matter of concession and not as a matter of right.

🔴 15. What is Habeas Corpus, where is it filed? Difference between 491 &199?

A. 199 is the constitutional remedy. Remedy under section 491, session judge and HC have power to give remedy. It is a procedural remedy.

B. Habeas corpus can be filed when life of person is in peril/danger. Issued in the case of illegal detention/unlawfully imprisoned.

C. Can be issued when a post card sent to judge by victim or his relative.

D. Habeas corpus means produce the body.

E. This keeps a government from imprisoning people unlawfully. Even given condition of the jail is poor and prisoner suffer.

F. It is filed in the Session Court and High Court.

🔴 16. Habeas Corpus is filed in District court or High Court?

A. In both courts.

🔴 17. What are the cases in which Habeas corpus can be filed against father?

A. Habeas Corpus under section 491 HC has got jurisdiction in matters pertaining to the custody of minors of tender age and it can be issued against the father and it is the speedy and appropriate remedy because mother’s first right to hold custody of minor in Islam it is also known as HIZANAT.

B. Case of the Japanese Lady: In this case honourable court observed that mother’s cradle is god’s cradle and unless she is disqualified her first right of custody stands fully established. Jurisdiction can be exercised under article 199 of the constitution as well as under section 491 crpc HIROKU_Muhammad v/s Muhammad Latif 1994 MLD 1682.

C. Recently case of minor Japanese daughter given to her mother in preference to Muslim father 1999 CLC 1202.

🔴 18. Whether Justice of peace can take special oath from any party?

A. No. He does not have powers to do so.

🔴 19. Once complaint dismissed /withdrawn ?can be filled again, Procedure?

A. In the cases where complaint is made against the relative and there after compromise made cannot be withdrawn without the permission of court.

B. Yes complain can be made again after the dismissal provided under section........

🔴 20. Narrate the procedure when accused died during the trail of case?

A. It is the principle in the criminal that personal action dies with the person. Therefore trail would end with the death of the accused.

🔴 21. Accused convicted for 5 years in offence of 302 with fine, Filled appeal, seeking suspension of sentence and grant of Bail, can same sentence be dismissed or not?

A. District judge can take the cognizance of the case as punishment under 302 is life imprisonment.

🔴 22. Application filed under section 544 Cr.pc to call eye witness/army officer to trial court, he refused, Remedy?

A. Court can call any person as witness to meet the ends of justice under session 544.

🔴 23. Can statement of accused 342 be treated as confessional statement?

A. No. Because the statement under section 342 is an answer against the allegation and question put to him by the judge if he admits the allegation then he shall be forwarded to the magistrate for recording the confessional statement under section 164 read with 364. Statement under 342 recorded by the concerned judge in whose court case is pending. While the confessional statement is always recorded by magistrate under section 164 read with 364.

🔴 24. In Criminal case on who burden of proof lies, What are the exemptions of burden of proof in criminal cases?

A. In criminal cased Burden of proof always lies on the prosecution but there are some exception to this rule which are given under

01. Plea of albi

02. Self defence

03. Insanity

04. Dishonouring of cheque.

In above mentioned cases burden of proof shifts on accused.

🔴 25. Can a private person arrest anyone?

A. Yes for the sake of preservation of peace if any individual whose sees it broken may restrain the liability of the person whom he sees the breaking it , as long as his conduct shows that public peace is likely to be endangered by this act.

🔴 26. 161? Difference between 161and 164?

A. Section 161 provides that police officer making an investigation may examine any person orally acquainted with the facts and circumstances of the case and such person shall be bound to answer all questions relevant to case except questions the answer to which would tend to expose him to criminal charge or to penalty or forfeiture.

B. The statement under 161 is not signed by the person making it.

C. The statement under 164 is always recorded by the magistrate it may be confessional statement or it is self explanatory matter. A confession may be recorded by any magistrate. This statement cannot always dealt as confessional statement.

D. Statement under 364 is also recorded by magistrate in which procedure for the examination is given. In case he is making confessional statement.

🔴 27. Criminal conspiracy and its punishment?

A. Criminal conspiracy is defined under section 120-A PPC which says when two or more persons agreed to do or cause to be done

01. An illegal act or

02. An act which is not illegal by illegal means, such n agreement is designated a criminal conspiracy

03. Punishable with death or impoundment of life or rigorous punishment for a term of 2 years or upward and per crime abetted.

🔴 28. Abetment and its punishment?

A. 06 months punishment

🔴 29. Criminal remedy in dishonouring of cheque?

A. Criminal remedy against the dishonouring of the cheque is given in 489-F which says whoever dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation which is dishonoured on the presentation, shall be punishable with imprisonment extend to 03 years, with fine or with both unless he can establish, for which the burden of proof shall rest on him that he had made arrangements with his bank to ensure that the cheque would be honoured and that banks was at fault in not honouring the cheque.

🔴 30. Procedure of illegal dispossession?

A. A complaint is filed before session judge under section 3, 5, and 7 of illegal dispossession act, 2005 before the session court.

25/07/2022

Enjoying heavy Rain ...