crpc importent sections

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  • 8/6/2019 Crpc Importent Sections

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    CRPC IMPORTENT SECTIONS,

    Sec 190, Cognizance of offence by magistrates ,All

    magistrate of the 1 st class, or any other magistrate specially empowered by the provincialgovernment on the recommendation of the high court may take cognizance of offence.

    (a)upon receiving a complainant of fact which which constitute such offence,

    (b)upon a report in writing of such fact made by any police officer,

    (c)upon information received from any person other then police officer, or upon his own knowledgeor suspicion.

    That such offence has been committed which he may try or send to the court of session for trial.

    (2) A magistrate talking cognizance under sub section 1 of an offence triable exclusively by a court of session shall, without recording any evidence, send the case to court of session for trial.

    Sec 191 transfer on application of accused,When a magistrate takes a cognizance of an offence under sub. Sec. 1, clause (c) of the precedingsection , the accused shall, before any evidence is taken, be informed that he is entitled to have thecase tried by another court and, if the accused or any of the accused if there be more than one,objects to being tried by such magistrate, the case shall, instead of being tried by such magistrate,

    be{sent} to the session judge.

    Sec 200 Examination of complainant.A magistrate taking cognizance of an offence on complaint shall at once examine the complainantupon oath, and the substance of the examination shall be reduced to writing and shall becomplainant, and also by the magistrate:

    Sec 202 Postponement of issue of process.(1) Any court , on receipt of a complaint of an offence of which it is authorized, or which has

    been sent to it under section 190, sub sec (3), or transferred to it under sec 191, or sec 192,may, if it think fit, for reasons to be recorded postpone the issue of process for compellingthe attendance of the person complained against, and either inquire into the case itself ordirect an inquiry or investigation to be made by a police officer or by such other person as itthink fit, for the purpose of ascertaining the truth or falsehood of complaint.

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    Provided that, save where the complaint has been made by court, no such direction shall bemade unless the complainet has been examined on oath under the provision of sec. 200.

    (2) A court of session may, instead of directing an investigation under the provisions of sub-sec(1), direct the investigation to be made by magistrate subordinate to it for the purpose of asascertaining the truth or falsehood of the complaint.

    (3) If any inquiry or investigation under this section is made by a person not being a magistrateor a police officer , such person shall exercise all the powers conferred by this code on anofficer in charge of police station, except that he shall not have power to arrest withoutwarrent.

    (4) Any court inquiring into a case