One can rely on Cr.P.C. 284 and Cr.P.C. 285 onwards, to ensure the absenting prosecution witnesses are properly re-oriented, either to come to Court for Examination and Evidence or be ready to invite the Chief Judicial Magistrate to their home for the exact same purpose. The below sample is only for your guidance. Customize it to your needs and file.Format-of-284-CrPC-petition-Sample for Issuance of Commission
Category: Legal Procedure
Life Cycle stages of a Public Interest Litigation (WP-PIL) in a High Court
Let’s look at the high level stages in filing a WP-PIL into AP High Court until its’ disposal. Take a look at my file disposed PIL here, for reference and original case documents.
Journey of Idea to Petition
This is a interesting journey from the birth of an idea to eradicate a social evil to turning this idea into a Court-Acceptable Petition. Of Course, one can write a letter and email/post to the Contact address of a High Court (Info here) or Supreme Court (Info here).
Look around you. Tell me in which aspect of life, there is no problem. So once you find a problem, you need to know where is the ideal solution lie. Meaning, which part of the Government has the responsibility to fix the problem. This will give answers to what exactly goes into your Prayers and Respondents sections of the WP-PIL.
Who can be a Petitioner in a WP-PIL?
Any public spirited person can espouse any cause impacting any sphere of the life of general public. But the Constitutional Courts (Supreme Court and High Courts) expect the petitioner capable enough to do details research, within his capacity, on the issue being raised and propose one (or more) solutions which would address the issue raised. Since a PIL ‘is NOT a adversary litigation but it is a challenge and an opportunity to the government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community and to assure them social and economic justice which is the signature tune of our Constitution.‘
As with anything open to public, even PIL are misused and often criticized by Judiciary as Publicity Interest Litigation. Thereafter, Supreme Court [in State Of Uttaranchal vs Balwant Singh Chaufal Ors on 18 January, 2010] directed High Courts to frame rules to be followed by those coming forward to file PILs, to make them responsible for adverse consequences in case their PILs are held to be frivolous or motivated.
Format of a WP-PIL
Each High Court prescribes certain guidelines and a format to be followed while drafting the WP Petition and Affidavit. Additionally, it may require the petitioner to file along, more affidavits declaring various aspects corresponding to various rules. Here is the AP/TS PIL Rules 20152015-09-02 High Court of AP, Public Interest Litigation Rules, 2015
Drafting of a WP-PIL
There is no hard and fast rule for drafting. Emphasis must be on explaining the issue briefly under various heads of the PIL format and support the issue with as much evidence as possible from our research. Propose how your solutions are supported under various provisions of laws and principles of natural justice. Objective is to make it lucid enough for the Court (most probably Court-1/Chief Justice Court) to grasp the crux of the issue in one hearing itself.
Filing of a WP-PIL
Once the WP-PIL is drafted, reviewed (as many times as necessary), have it printed and filed into the Court. In most High Courts, the PILs are handled by the Division Bench headed by the Chief Justice of that High Court. Many two copies for the Bench. Make as many extra copies as there are Respondents, except where if same government advocate is going to represent more than one respondent. Make copies of ALL the material papers (technical word for bundle of Annexures) to go with above copies of petitions. You can make good use of the filing clerks in/around the High Court premises. This may become redundant, once paperless Courts become a reality!
There will be a section/wing within Filing Section of the High Court, which accepts and scrutinizes the draft. The section staff will assign a SR number to the bundle as a temporary identifier. If there are any objections/questions from the Scrutiny officer, the bundle will be returned to you (via Returns Section) for you to rectify and re-file the bundle. Once this exercise completes, your PIL will get a final case number.
The Scrutiny officer may want some approval from the Registrar (Judicial) to allow you to appear and argue your own PIL, as petitioner. It may be not required, if you are an advocate. The point here is the person arguing the matter/case, must be competent to assist the Court.
Listing of a WP-PIL
Most probably, the PIL will be listed before the Court-1 (or whichever Court looks into PILs in that High Court) and the business of the day will be to hear the petitioner and make an assessment if notices need to be issued to the respondents or can the PIL be disposed off at this admission stage itself. If the notices are not issued, it is most certain that the PIL was dismissed, for reasons best known to the bench and mentioned in the dismissal order. Like I came to know in above mentioned WP-PIL.
Otherwise, the respondents will have a total of 120 days to respond to the PIL, by filing their Counters. This is as per the AP High Court WP Proceedings 1977 available here. Other High Court have different Rules. Check that High Court’s website or the Filing Section in person. It is another matter that in AP High Court, Court-1 does not see any urgency, when advocates bring to the notice of the Court that the respondents already are in violation of this Rule 12. The Chief Justice himself commented to me in open Court, that there are cases pending even before my case. I am not sure, if this is a matter of pride or shame! I can not stand the lack of empathy towards the WPs filed as PILs here.
Disposal of a WP-PIL
Depending on the issue raised in the PIL petition, the case moves to the next stages involving weighing the contents and objections of the Counters filed by the respondents and the Bench may pass intermittent Orders to unearth the real issues and ways to effectively eradicate them.
Index of various other Life Cycles here.
Life Cycles of Various case types
Here are a collection of life cycles of various cases
- Life Cycle of a Section 498A IPC Dowry Harassment case here.
- Life Cycle of a Domestic Violence case under PWDV Act 2005 here.
- Life Cycle of a Maintenance Case under section 125 CrPC here.
- Life Cycle of a Divorce case here.
- Life Cycle of a RCR (Restitution of Conjugal Rights; Sec 9 of Hindu Marriage Act 1955) case here.
- Life Cycle of a Child Custody/Visitation case here.
- Life Cycle of a Defamation case here.
- Life Cycle of a Perjury case here.
- Life Cycle of a Quash/Discharge case here.
- Life Cycle of a Criminal Writ Petition case at a High Court here.
- Life Cycle of a Public Interest Litigation (Just a Writ Petition only, but with PIL Rules of a High Court) case at a High Court here.
MASTER SITEMAP is available here.
Lifecycle Stages of a Maintenance Case under Section 125 CrPC
Listed below are a reasonably laid out sequence of events in a Maintenance Case filed under Section 125 of CrPC.
Other Life Cycles: 498A IPC Case Lifecycle || DV Case Lifecycle. Index of all life cycles is here. Looking for Maintenance case-laws? go here!
Initial signs of facing a Maintenance case u/s 125 CrPC
This is the 3rd false case after the 498A IPC and Domestic Violence cases, that you may face. This case completes what is colloquially called as Full package. First a criminal case is filed so that Police power can be misused and when that does not break you, Civil reliefs are prayed for through Domestic Violence case. When even that plot fails and you don’t budge, the final attack comes in the form of this maintenance case, in which they think there is a sure shot success in extracting money from you. How comical bozos these are… hahahaha
The petition/application u/s 125 CrPC containing the facts of the case, stating the circumstances under which the wife (as per the law, parents or children can also seek maintenance in cases of neglect) seeks to claim maintenance, all personal relevant details is filed before the Family Court (or jurisdictional Junior Civil Judge Court if Family Court is not available).
Issue of Notice to the Respondent
The Family Court scrutinizes the petition and issues notice to the husband against whom the petition has been filed by the wife. Petitioner copy may be sent along with notice.
Reference to Reconciliation/Mediation
The parties may be directed to appear before the court for reconciliation or may be directed to mediation and efforts are made to reconcile them first in an effort to avoid litigation.
If the reconciliation proceedings after being conducted by the family court are successful, then the matter stands settled. If they lead to failure, then the Court proceeds with the petition to decide it on merits.
Written Statement (of objections)
After giving a copy of the petition to the Respondent, the Family Court directs the opposite part to file a reply/WS/Counter to the maintenance petition stating the facts which he/she accepts or denies. Both the parties are also asked to file their detailed Income Affidavit (as per Rajnesh Vs Neha Case) so that it can infer the capabilities and liabilities. Petitioner must be given a copy of reply.
The petitioner is directed to file a rejoinder/rebuttal to reply filed by the opposite party. The application for interim maintenance, if any filed by the petitioner, is decided by the court at this stage of the case, based on pleadings and affidavits alone. No evidence will be entertained to decide Interim applications. Respondent must be given a copy.
Framing of Issues
The court then proceeds further and frames issues for adjudication and the matter is posted for evidence of the parties.
The petitioner is directed to lead its evidence by way of filing the relevant documents, papers, etc. and by summoning all its witnesses. List of witnesses must be given to other side before examining the first prosecution witness. Once prosecution witness examination completes by way of Chief Examination Affidavit, the witness will face Cross Examination from the Counsel of opposite party and the deposition of each witness is recorded, up on oath.
The respondent is directed to lead its evidence by way of filing the relevant documents, papers, etc. and by summoning all its witnesses. This is optional and the Respondent may forego examination/ evidence, if they think that the prosecution failed to support their case.
FINAL ARGUMENTS –
The final arguments in the matter are held and the matter is decided by the court. Written Arguments may also be submitted to the Family Court, as a best practice.
The Court finally passes the final order/judgement where it may either dismiss the petition or allow the petition and direct the other party to pay an amount as directed by the court monthly.
Ms. Suprajaa Rajan (B.Com., LL.B.)
Lifecycle Stages of a Domestic Violence Case under PWDV Act
Listed below are a reasonably laid-out sequence of events in a Domestic Violence Case filed under PWDV Act, 2005. The rules related to the Act are here.
Note: Take a thorough look at the below infographic to understand the various remedies available for an aggrieved person under this law.
Copyright (c) Holders:
Content: Suprajaa Rajan
Infographic: Padma Priya Jupally #IAmEnough
Other Life Cycles: 498A IPC Case Lifecycle || Maintenance Case u/s 125 CrPC Lifecycle. Index of all life cycles is here. Looking for Domestic Violence case-laws? go here!
Before Entering Into Court
- First step is that the aggrieved person/AP [read sec 2(a)] or a Protection Officer or any other person on behalf of the aggrieved person [AP] will file an application under sec 12(1) to the Magistrate seeking one or more reliefs under this Act.
- This Act is a CIVIL Act, meaning there are civil reliefs that can be claimed by AP and there is no penal punishment given under this Act. Only one exception to this is, when a person disobeys or violates a protection or interim protection order issued by the Magistrate. [read sec 31]
- Magistrate will take up the application and order the Protection Officer [read sec 2(n)] to conduct mediation at court-appointed mediation center to see the possibility of a compromise and also to fill 3 ready-made forms called as Domestic Incident Reports (DIR forms).
- Protection Officer, who is the District Welfare Officer, will issue a notice to all the people named and identified in the application.
- Purpose: Mentioned as above.
- What happens there: Lot of emotional drama, oral diarrhoea, convincing words followed by intermittent threats of 498A IPC case by the so-called Protection Officer/other service providers.
- What to do: Keep your calmest best self and don’t overreact, nor let parents over-react. If you are capable and confident, ensure a audio/video recording of the session is made discreetly. If you have doubts, DO NOT DO IT. More valuable tips here.
- Apart from husband, other family members who are implicated in this case, may become liable to the reliefs mentioned in the Act, based on the Complainant proving their acts of domestic violence. Maintenance component, under Monetary Reliefs alone, is the whole and sole responsibility of husband.
- There are various reliefs [AP] may seek under the various sections. Do no worry about property getting taken over or similar issues. No ‘ownership transfer’ of any such property takes place. Only temporary residence may be ordered which one can oppose and offer similar alternative accommodation. Many idiots hope and try to extort money/property via Domestic Violence complaint. They remain idiotic fools.
- At this point in time, focus should be
- to attend the proceedings with Protection Officer
- to enjoy (record, if possible) the melodrama at mediation center and let it fail (just say, no compromise with liars, when my family was falsely implicated in the case)
- to not worry about what is captured in the DIR Forms 1-5; they are not equivalent to FIR in case of a criminal matter.
- to let the case move back to Court (there ends the matter with Protection Officer)
- PO will send the mediation report along with earlier duly-prepared DIR forms.
- PO to ensure the AP files the mandatory affidavit prescribed in the Apex Court judgment of Rajnesh Vs Neha, which mandates that the deponent of the affidavit disclosed their income, assets and liabilities.
After Entering Into Court (APPEARANCE AND FOR COUNTER stages)
- Now Court issues a notices to all the respondents ([read sec 2(a)]: proper term for accused people in a Domestic Violence Case) to attend court proceedings on a specific date. The stage is called APPEARANCE.
- All respondents to attend court on the first appearance date and give attendance and collect the ‘accused copies’ of Domestic Violence Complaint, Affidavit under 297 CrPC, DIR forms and mediation report from the Court Bench Clerk. One set will be given per respondent.
- Till this point, no need of engaging an advocate. Court gives next date, the business of which will be FOR COUNTER. The written statement of our objects otherwise a counter, is to be prepared and submitted to the court on next date of appearance or earlier, with Bench Clerk.
- One may engage a lawyer to plead the case for you here on wards. If you know Law + Case Facts + Court Procedure, one may let court know, you would like to argue the case, on your own, as Party-in-person.
- It is perfectly OKAY, if there are no DIR reports on the record of the case. It is the mandatory duty of the Protection Officer u/s 9(1)(b) and the duty of the Service Provider u/s 10(2)(a), as applicable, to record/make the DIRs. If they have not done their duty, dispute this fact in your Written Statement. The consequence is that the Presiding Officer (Magistrate) will pass an order to PO/Service Provider to make such DIRs, since it is the Magistrate duty under the proviso to Sec 12(1). But the Case will NOT become invalid and the case will be perfectly maintainable. There is no provision of filing Discharge petition u/s 239 CrPC in a DVC, so don’t waste time and money in this.
- At this point in time, focus should be
- to prepare a Counter/written statement document based on whether the [AP] can prove the allegation laid out in the Domestic Violence Complaint.
- to deny clearly all those allegations that are absurd, untruths, improbable and baseless, and mention ‘the petitioner is put to strict proof of same’. As settled principle of law, whoever alleges something have the burden of proving the same.
- to state/submit those facts that can not be denied by Complainant. Rest all facts/evidences are to be secured and need not be shared with lawyer as well.
- to submit/file the written statement/Counter on the next date prescribed by court. Unless it benefits us in a tangible way, do not skip/seek dates.
- to ensure respondent (first the AP and then the respondent, in that sequence) file the mandatory affidavit prescribed in the Apex Court judgment of Rajnesh Vs Neha, which mandates that the deponent of the affidavit disclosed their income, assets and liabilities, within 4 weeks of the Income affidavit filed by the AP.
- to seek mediation facility, if the respondent so desires to settle the matter with the AP.
After Written Statement is filed generally, the next stage is the EXAMINATION. Naturally, it would begin examination of the complainant. The Court frames the issues at this Stage of the case. (read O14 R1 of CPC)
Additionally, if the AP filed an application u/s 23 of the PWDV Act seeking interim/ex-parte reliefs, then that application will be picked up by the Court. Scroll down to the relevant section (INTERIM Orders Stage) on this page.
- The respondents can file a petition u/s 205 CrPC (with grounds such as age factor, distance to travel, medical/health issues, unavailable in India etc), through your advocate, and seek exemption from personal appearance in the Court.
- This Stage has two parts involving the AP as well as the respondent.
- AP has to file an affidavit stating the facts and such affidavit is brought on record of the case/Court after administering Oath to the AP. This is called as Affidavit-in-Chief or Chief-Examination-Affidavit. By doing so, the AP submits herself to the Court as Prosecution Witness-1 (PW-1). Prosecution has to give a list of Prosecution witnesses to the Court and a copy to be given to the Respondent (advocate).
- After AP file Chief Examination Affidavit (which is more or less replica of the same facts mentioned in the Sec 12 Application) and Respondent gets an opportunity to Cross-Examine the AP (who is now arrayed as PW-1). Read various other techniques respondents can use here.
- If need arises, the respondent can re-examine the witness, as provided by Evidence Act 1872.
- Once cross-examination of the PW-1 finishes, Chief examination of next prosecution witness begins, if any available from Prosecution side.
- Once chief and cross of all prosecution witnesses finishes, the Court gives permission for Respondent side, to submit themselves for Examination.
- Similar to what happened to Prosecution witnesses, if Respondents want to submit themselves for Prosecution’s examination, they have to give a list of Respondent witnesses to the Court and a copy to be given to the Prosecution (advocate).
- Then the Chief Examination of DW-1 (Defence Witness/Respondent Witness-1) is finished (or affidavit is filed), followed by the Cross-examination of DW-1. This continues for all DWs.
- During this Stage, the parties can adduce evidence in support of their stand and get them marked as Exhibits on the record of the Court.
After completion of examination of Prosecution and Respondent Witnesses and bring on record all the Evidence from both the parties, the Court opens for Arguments Stage.
- The Prosecution team submits their oral arguments in support of their Sec 12 application, relying on the averments in the Chief-Examination Affidavit and prays to the Court to allow their application.
- The Respondent team submits their oral arguments against the Sec 12 application, relying on the Cross Examination of the Prosecution witnesses and prays to the Court to dismiss the application.
- Both parties have opportunity to submit Written Arguments after concluding Oral arguments. This is a best practice but rarely followed in Courts.
- Once both parties conclude their Oral (and/or Written) Arguments, the Court reserves it’s judgment. The case is now ‘Reserved for Judgment‘.
- Once the judgment is reserved, no more activity is possible from either parties.
The Court takes time to draft the judgment with reasons for the decision taken and pronounces the same in the Open Court, in the presence of both the parties. The court passes appropriate order/judgement. The court may decide the matter in three manners.
- Grant all relief sought by complainant
- Grant some of the reliefs and deny rest of the reliefs
- Dismiss the complaint entirely without any relief.
- The Prosecution and the Respondent teams have a remedy of Appeal u/s 29 of the Act at Sessions Court, challenging the decision of the Trial Court, within 30 days.
INTERIM Orders Stage
The AP may file an application u/s 23, seeking Interim orders on the available reliefs under this Act. Such interim applications are to be disposed of in summary manner meaning, no evidence is to be taken on record and only the application/written statement/counter and relevant affidavits are the only things that need to be considered. Both parties will be given an opportunity to submit their arguments/hearing, after which the Court will pass an Order.
If such interim orders were obtained by AP by committing the offence of perjury upon the Court, do not hesitate to file an application u/s 340 CrPC in the same Court, right after such judicial order is passed.
Ms. Suprajaa Rajan (B.Com., LL.B.)
How to fight legal case as Petitioner or Party in Person (PIP)
As per CrPC 302, a petitioner can request per permission of magistrate to conduct and lead the prosecution case, instead of a advocate. Read more here.
Similarly, per Advocates Act Section 32, any person who is not as advocate, can appear in a particular case. Read more here.
Fight the false IPC 498A case on merits till the end of trial
If you have already used up/could not utilize the Discharge (before framing of charges on the Accused i.e., you and your family) and the Quash (after framing of charges on the Accused i.e., you and your family) due to lack of legal grounds or rejection by court for valid reasons and you do NOT want to go with Settlement route, read on.
Click here to understand the high-level workflow or lifecycle of IPC 498A cases for making yourself familiar with same.
While you are at it, it may occur to you that, rather than feed the lawyer, who gets fed but doesn’t deliver the results as expected by you, it would seem obvious and most sensible thing to do is to present and argue your case on your own. That is called as arguing your case as Party-in-person.
Read here for more on what Party-in-person means.
Lifecycle Stages of a Section 498A IPC Case
Listed below are a reasonably laid out sequence of events in a Criminal Case filed under Section 498A of Indian Penal Code (IPC). The section is available here.
Other Life Cycles: DV Case Lifecycle || Maintenance Case u/s 125 CrPC Lifecycle. Index is here.
Initial signs of facing a false criminal case u/s 498A IPC
These days awareness of women about gender-biased laws in India has enormously increased partly due to movies and men do not need any special sign to know that they (and others in his family) are going to face false matrimonial litigation. The women are telling in your face that they will hoist a false litigation and *send you to jail* (this being the sole goal). So listen/observe carefully for such utterances and record them. This is evidence. Safe guard it. Being idiotic (read still believing that the woman will come back to his home and lead a happy marital life is a oasis) is your choice. Hope you do not regret that decision later when one or some in your family die due to false litigation (and the stigma/defamation it causes to your family)
Filing of false complaint and registration of FIR
Another must-happen is that the women hoist the false complaints only at their parental home to leverage the local feelings. (caste, regional connections will be invoked). There is a bad judgment also now to support them in this. Go find it here.
Officer in charge of the Station (Station House Officer-SHO) assigns an officer of cadre Inspector to register FIR and investigate the allegations in the complaint. This person is called as Investigation Officer (I/O).
Anticipatory Bail u/s 438 Cr.P.C.
If there are any other serious cognizable offences in the FIR (Check First Schedule in Cr.P.C. book which lists some I.P.C. offences along with details such as if a case is a cognizable and/or bailable) which may attract 7 years or more punishment. Then immediately go for Anticipatory Bail u/s 438 Cr.P.C. at Sessions Court first and on failure there go to High Court. Landmark Arnesh Kumar judgment is here. The thing to note here is that once a AB is granted in a case (FIR), the protection continues until the end of trial. Landmark case law of Sushila Aggarwal is here. Another note is, no need to convert AB into Regular Bail. Do not entertain any nonsense here.
Notice u/s 41A of CrPC
Misuse of arresting Power of Police was held to be illegal and hence Apex Court directed all DGPs of all States that they issue directions to the entire Police in their states, not to automatically arrest accused person after registering FIR but to issue a Notice to all accused to join the inquiry u/s 41A of Cr.P.C. The Arnesh Kumar judgment is here.
Arrests (only with respect to Dowry Prohibition Act offences as an example here; No 1 cause used to support most of all false matrimonial cases) reduced considerably. Didn’t stop though. Most of the I.O.s of these arrests have committed Contempt of Court by arresting the accused (Immediately approach State High Court with a Contempt Petition). A simple RTI application to National Crime Record Bureau asking “in how many arrests under this Act, a notice u/s 41A Cr.P.C. was issued” would open up the blatant disregard for the decision of Supreme Court.
Gender-wise split of arrests… See, how many mothers and sisters were arrested in false matrimonial litigation in India, only under Dowry Prohibition Act.
Obtaining Station Bail
If Police arrested you or your family members, before you obtain Anticipatory Bail, one can give sureties to Police and obtain Station Bail. No need to give any ‘fees’ to Police.
Obtaining Default Bail
Per Section 167 Cr.P.C., if I/O is unable to complete investigation within 24 hours of apprehending you or your family, he is supposed to present you before Jurisdictional Magistrate and seek Police custody. Magistrate may remand you to Police Custody for maximum 15 days.
Obtaining Regular Bail u/s 437 CrPC
If Police do not allow you Station Bail and put you in Police custody, you or your family members, can go before Jurisdiction Court and file petition u/s 437 CrPC for obtaining Regular Bail, by giving sureties to Court. No need to give any ‘fees’ to Court. Court will grant Regular Bail while imposing certain conditions.
Quashing the FIR at High Court u/s 482 CrPC
Learn what is a Quash (not squash; it is a sport) Petition and how to make good use of it at High Court here. Then read how a baseless, maliciously motivated FIR may be quashed here.
Filing of Charge sheet by I/O
I/O does investigation to gather material and witnesses supporting the allegation and based on this outcome, files a Closure report (with reasons) or a Charge sheet (u/s 173 Cr.P.C.) into the jurisdictional Court.
Minimum documents that I/O should submit to Court along with Charge sheet (this set of documents are also called as Challan)
- FIR (Signature of the complaint to be taken)
- Statements of Prosecution Witnesses recorded u/s 161 Cr.P.C. (No signature of witness to be taken on these statements
- Typed Charge sheet
- Rough Sketch of the alleged crime scene/location
- Entries from Police Station Case Dairy
- Any documentary evidences obtained
- Notice issued to the complainant (so that complainant can protect any removal of accused/section from charge sheet)
- Delete memo (if any filed by I/O into Court)
- Arrest memo, Bail bonds, ID proofs of accused
Initial Appearance in Court
It will take some time before the filing section of the Court gives a C.C. (calendar case) number to your case and issues summons to you and other accused to appear before Court and participate in Court proceedings.
On being present, Court provides (I/O provides actually) the following to each accused person, one copy as prescribed u/s 207 Cr.P.C.
- FIR (Signature of the complaint to be taken)
- Statements of Prosecution Witnesses recorded u/s 161 Cr.P.C. (No signature of witness to be taken on these statements
- Typed Charge sheet
- Rough Sketch of the alleged crime scene/location
You can obtain certified copy of any other documents by filing a copy application in copy section of the Court.
Discharge from case u/s 239 CrPC
Discharge petition helps accused person to come out of false litigation (Best case – All accused may be discharged from all offences in Charge sheet; worst case – Husband may have to face 498A IPC but other sections and accused may be discharged). Read when to invoke a Discharge Petition at the trial court itself here. There are a few good judgments pertaining to Discharge here. Read this judgement here to success in your discharge.
If your Discharge petition is dismissed baselessly (reason given by Magistrate is, every ground you raised is a matter of trail), your remedy is to file Revision at Sessions Court within limitation petition.
Framing of Charges
After conducting a hearing (hearing before charge – HBC stage) to complainant and accused, Magistrate will read out the charges from the charge sheet, in the language understood by accused and ask if he/she pleads guilty. If accused prays guilty, Magistrate will record such confession and move to next stage. If charges are denied then Magistrate will proceed to frame charges on the accused persons and issue a charge framing order.
Even though this is an interlocutory order, it is nevertheless a judicial order, so this can also be challenged at High Court u/s 482 Cr.P.C.
Begin of Criminal Trial
This is a criminal trial so all remedies available under Cr.P.C. can be gainfully invoked to benefit accused persons. The following are some.
Section 201 Cr.P.C. can be invoked if complainant tries to erase statutory (Marriage certificate, divorce decree, land/property documents) financial, medical, mobile, electronic (email, sms, whatsapp, video, audio) evidence which would destroy her case.
Section 202 Cr.P.C. can be invoked if truth is concealed and lies are recorded in complaint to police.
Section 205 Cr.P.C. can be invoked to dispense with personal attendance of accused. Standard forms may be available at/near courts. Fill, attach Rs.2/5 Court Stamp and file at Bench or Filing section. Prosecution will object. During hearing, plead the grounds (distance/out-station, health, advanced age etc)
Section 317 Cr.P.C. can be invoked on a per-appearance basis, if 205 petition above is not allowed.
If you are a Party-in-person, then invoke Rule 37 of the Criminal Rules of Practice and Circular Orders 1990 for High Court of A.P. here. Due to this, one accused can represent (not plead/argue) other accused persons. Using this, ensure your parents and relatives do not suffer due to travels involved.
Section 256 Cr.P.C. can be invoked if the complainant herself is not appearing nor the Assistant PP, you can pray to Court to acquit the accused. If the complainant is represented by advocate, then to mark that stage as null and proceed further. If Magistrate doesn’t oblige, file a Memo praying same, so your prayer goes on record of Court in the case. Same, if complainant dies too.
Section 91 Cr.P.C. can be invoked to summon any document held by any authority, public or private.
Try this only after exhausting Formal communication channels with the document-holding entity and via RTI Act. Else, Court will dismiss your application. Few more remedies are here.
Quash the case u/s 482 CrPC
At any point in time during trail of this case, if there appears any grounds basis which the Court shall not proceed against accused persons, they can approach High Court u/s 482 Cr.P.C. to quash the proceedings.
Examination of Complainant and Prosecution witnesses
Examination stage has two phases: Chief Examination and Cross Examination.
While examination, evidences to support either side may be submitted to Court and get them marked/numbered.
Evidence of Complainant and witnesses
Chief Examination: Complainant gives their deposition to Court. This can be filed via an affidavit. Similarly, witnesses will also finish their Examination-in-chief.
Cross-examination of Complainant and witnesses
Cross Examination: Complainant (and her witnesses) is put questions by Defence Advocate to test the veracity of truth in her allegations. Use Section 159 (Refreshing memory) of Indian Evidence Act cleverly.
Examination of Accused and Defence witnesses u/s 313 CrPC
The landmark judgment (from 2000) which held that physical presence of accused persons is NOT required for examination, if they do not have anything to say is here. Recent Karnataka HC judgment here.
Evidence of Accused
Rarely, does the need arises for accused to produce any evidence.
Cross-examination of Accused and Defence witnesses
If presented, Accused/defence witnesses/evidences have to go through Cross examination phase.
Court’s Power to Examine Accused
The Court has power to examine the Accused u/s 313 Cr.P.C.
Advocates take turns and introduce their arguments, based on the Examination stage and Evidences brought on record of the Court. Once Oral arguments are finished, written arguments may also be submitted to Court. This is covered u/s 314 Cr.P.C.
After conclusion of arguments, Court reserves the judgment, as Magistrate has to write the judgment. Once ready with Judgment, Magistrate pronounces the Judgment in the Open Court in the presence of parties involved in the case.
In Andhra Pradesh, 498A IPC is made compoundable through an amendment to Cr.P.C. (a Central Act, 2 of 1974) in 2003 under Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 2003 wherein both sections 494 IPC and 498A IPC were added to the list of Compoundable offences u/s 320 Cr.P.C. The sections 494, 495, 496 and 497 IPC were earlier also made Cognizable and non-bailable in Andhra Pradesh by another State Amendment.
So, this made it possible to compromise/settle 498A IPC cases (may be coupled with other offences such as 307, 406, 420, 506 IPC or Sec 3, 4, 6 of DP Act etc.) before Lok Adalat which is empowered to take up Compoundable cases as per sec 19(5) of Legal Services Authority Act 1987. So the parties can make an application to DLSA, MLSA, TLSA, as the case may be, and get their case compromised.
Strategy and Tools to win False IPC498A Case
The high-level work flow to win the false IPC498A Case is as follows:
- This being a criminal case, get anticipatory bail for the Prime Accused, A1 at the earliest, even though Hon’ble Supreme court has ruled no automatic arrests should be done in matrimonial cases. Read the Landmark judgment here.
- Read the bail related information here and judgments here.
- Once on bail, based on your objectives, you can proceed with any of the below approaches
- File a Discharge Petition based on Legal grounds in your case and get discharged from case at Magistrate court itself.
- File a Quash Petition based on Legal grounds in your case and get discharged from case at High court.
- Fight the case on merits till the end of trial and emerge victorious as not Guilty. This can drag on for many years. Be aware of this fact.
- Go here to read various stages of the case trial and how you can safeguard yourself and your family.
- Yes, there is another way out. Go for Settlement.
- Read the various aspects of settlement and few high-profile settlement cases and their judgments here.
Grounds for Discharge or Quash Petition
Hon’ble Apex Court in landmark judgment ‘R.P. Kapur Vs State of Punjab 25 March, 1960’ here has held the following to be the categories could and should be exercised to quash proceedings:
(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.