How a criminal case can be dismissed

 A criminal case can be dismissed by several ways.These are discussed below .......

1. If the magistrate satisfies that the complaint is groundless ofter examining the complaint u/s 200, the court may dismiss the complaint and pass the order of acquittal of the accused under section 241A.
2 .If the complainant withdraw his complaint in CR case under section 248.
3. If the complainant does not appear himself before the court at the time of trial in CR case under section 247.
4. In case of non-appearance of witnesses of prosecution (PW) in GR case under section 249.
5. If sufficient ground has not been found in the court of session under section 265(c) of the CrPC. More 

When a case is ready for trial

After taking cognizance of an offence u/s 190(1), the magistrate has to process issue under section 204 of The Criminal Procedure Code,1898. Issue Process includes -
1.Summons in the first stage - U/S 68
2.Issuing Warrant in 2nd stage - U/S 75
3.Issue of Proclamation - U/S 87
4.Issue of Attachment - U/S 88
After performing all the proceedings mentioned above by the magistrate but the accused does not appear himself before the court then the court will pass an order to publish notice in at least two (2) national daily newspapers to appear the accused before the court within the period specified by the court under section 339 B (1) of the Cr PC.
If the accused does  not appear within the period of publication the court will presume that the accused is present before the court mentally and start Trial in absentia.
When the accused appears before the court either physically or mentally the case is ready for trial.

Effects of Non-appearance of Complainant in a criminal case

If summons has been issued to the complainant by the court in CR case but the complainant does not appear before the court on the fixed day then the  court may acquit the accused and dismiss the complaint under section 247 of  The Criminal Procedure Code 1898.
In a GR case the magistrate may stop the proceedings at any stage of the case without pronouncing judgment and release the accused under section 249 of The Criminal Procedure Code, 1898. continue

Purpose of framing charge by the magistrate court

The main purpose of the charge framed by the court of magistrate (U/S 242 ) is to inform the accused of formally that he has committed the offence which has come to this court and he shall be tried in the court.
The court has to inform the accused about the time of occurrence,place of occurrence,date of occurrence, manner of occurrence with relevant penal section of that offecne.
Then the accused will get opportunity to  defend himself  before the court.

Essential elements of final charge framed by the court

According to section 222 of THE CODE OF CRIMINAL PROCEDURE, 1898, these are the essential elements of a charge made by the court of magistrate:

1.Name of victim
2.Time of occurrence
3.Date of occurrence
4.Place of occurrence
5.Manner of occurrence
6.Relevant penal section of the offence

Charge shall be read out before the accused by the court

Procedure of trial of a case before the court of magistrate

According to the Section 241A of the Cr PC , when an accused is appears before the court of magistrate,the magistrate shall examine records of the case which were submitted before him.These records or documents are FIR,Charge sheet,statements of 164 and 161 etc.
If the magistrate thinks that the charge is groundless ofter giving opportunity of hearing to the prosecution and the accused he may discharge the accused.

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If the magistrate thinks there is a ground for presuming that the accused has commuted an offence then he shall frame a formal charge of the offence and the accused shall be asked weather he has committed that offence or not.( Section 242)
If the accused admits that he has commuted the offence which he is charged then the magistrate shall ask him why he should not be convicted.After that the magistrate may convict the accused accordingly.( Section 243)
If the magistrate does not convict the accused and the accused does not make any admission then the magistrate shall proceed to hear the complainant and witness of prosecution.( section 244)
After hearing of the complainant,witnesses and examining the accused the magistrate shall fix a date for judgment.On that day the court of magistrate shall deliver the judgement.Judgment may be either acquittal if the accused finds innocent in section 245(1) or sentence if he finds guilty in section 245(2) click for more

Meaning of taking cognizance of an offence

The term cognizance means notice. Taking cognizance of an offence means taking judicial notice of an offence. That means a cognizable offence has been committed and it has come to the notice of the court. When cognizance is taken of an offence that must be tried in a competent criminal court.

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Who can take cognizance: - Such persons are competent to take cognizance of a cognizable offence under section 190 (1) of The Code of Criminal Procedure 1898.

►Magistrate of First Class

►Magistrate of 2^nd class if empowered by the Government

►A Magistrate of 3^rd class rank can not take cognizance of an offence

How it may be taken- There are Three (3) ways are available for taking cognizance of an offense. Viz,

(a) Complaint

(b) Police Report

(c) Suo moto

By Complaint: A magistrate may take cognizance of cognizable offence through complaint under section 190(1) (a) in Complaint Registered (CR) case which is filled under section 200 of Cr.P.C.

By Police Report: Under 190(1)(b) of The Code of Criminal Procedure, 1898, A court may take cognizance of any offence in General Registered (GR) case through police report I.e. Charge Sheet which is submitted by police officer under section 173.

Suo Moto: If any Magistrate receives an information of committing a cognizable offence through newspaper or any other means then he may take cognizance of that offence Under 190(1)(c)  and may pass order to the police to take necessary legal proceedings regarding  that offence.

 When cognizance is taken the Magistrate has to issue process ( Summons u/s 68.Warrant u/s 75) under 204 of Cr.P.C.For more

What Is Naraji Petition

What is Naraji Petition

Under Section 173 of The Code of Criminal Procedure The investigating officer (IO) has to submit report to the court in a criminal case. Police report may be two types i.e. -

1. Final Report : which is given under section 169 of Cr.P.C.

2. Charge Sheet : which is given under section 170 Cr.P.C.

If the IO submits a report recommending to release the accused as because of deficiency of evidence against the accused the Magistrate may accept or reject it.

When the Magistrate accepts the final report, the aggrieved party can file an application in the court. This is called Naraji Petition.

An aggrieved party can also file a Naraji Petition against Charge sheet if he thinks that the Charge sheet has not adequately made.

After receiving Naraji Petition the court may order to the investigation officer (IO) to further investigate the case.Click here