What is Issue of process? Magistrate may dispense with personal attendance of accused, What is Special summons in cases of petty offence? Section 204, 205 and 206 of Code of Criminal Procedure 1973
Issue of process, Magistrate may dispense with personal attendance of accused and Special summons in cases of petty offence are defined under Section 204, 205 and 206 of CRPC 1973. Provisions under these sections are:
Section 204 of CRPC "Issue of process"
(1) If in the opinion of a Magistrate taking
cognizance of an offence there is sufficient ground
for proceeding, and the case appears to be -
(3) In a proceeding instituted upon a complaint
made in writing, every summons or warrant issued
under sub-section (1) shall be accompanied by a copy
of such complaint.
Section 205 of CRPC " Magistrate may dispense with personal attendance of accused"
(1) Whenever a Magistrate issues a summons, he
may, if he sees reason so to do, dispense with the
personal attendance of the accused and permit him to
appear by his pleader.
Section 206 of CRPC "Special summons in cases of petty offence"
(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader:
Provided that the amount of the fine specified in
such summons shall not exceed one hundred rupees.
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDING
What is Cognizance of offences by Courts of Session? What is the meaning of Additional and Assistant Sessions Judges to try cases made over to them? What is Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence? Section 193, 194 and 195 of Code of Criminal Procedure 1973
COMPLAINTS TO MAGISTRATES
What is Examination of complainant? What is Procedure by Magistrate not competent to take cognizance of the case? What is Postponement of issue of process? What is Dismissal of complaint? Section 200, 201, 202, 203 of Code of Criminal Procedure 1973
Supply to the accused of copy of police report and other documents & Supply of copies of statements and documents to accused in other cases triable by Court of Session. Section 207 and 208 of Code of Criminal Procedure 1973
What is Commitment of case to Court of Session when offence is triable exclusively by it? What is Procedure to be followed when there is a complaint case and police investigation in respect of the same offence?. Section 209 and 210 of Code of Criminal Procedure 1973