eng
competition

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JJA EXAM 2018 ENGLISH

created Sep 23rd 2021, 18:37 by Rohit Kumar Kushwaha


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The purpose of the procedural law is to aid andd 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 wher 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 filling a closeur report in favour of the accused and thus willing to protest against the closure report and hwy 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 compalaint caswe under chapter XV of the Code of Criminal Procedure wherer the defacto complainant prefers prot6est pettion agsint the closure report. In such a case the magistrate can take cognizance undeer section 1920 (a) of the Doce of Criminal Procedure and exercise jurisdiction under sectin 202 CrPC and carry otu an enquiry, eirther himself or on on investigation through any other person os authorised by him or even the plo The dstinction between a further investigation by the police under section 156 (3) of the jCode of Criminal Procedure and of an enquiry conducted by the polic on the orders of a magistrate nder section 202 of Code of Crimianl Procedure is that further investigation by the police in done under section 156 (3) at the pre-cognizance stage wherre 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 Crimianl Procedure of 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 of conduction an enquiry in the absence of previous sanction.  

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