Unit Iii - General Principles of Criminal Pleadings Notes
Unit Iii - General Principles of Criminal Pleadings Notes
Unit Iii - General Principles of Criminal Pleadings Notes
NOTES
It is the duty of the person to appear or make himself available whenever required by the
police officials for the investigation.
He must not induce or threat for dissuading him from disclosing facts of the case.
The applicant shall not go outside the territory of India without taking the prior
permission of the court. Or if the following conditions stated in point one and two are
fulfilled and such person is ready to give bail, he should be released from custody
subject.
Amiya kumar v. State of West Bengal 1978 Cri.LJ 288
In the instant case, it was held that section 438 of the code empowers both the high court and the
session’s court to grant the anticipatory bail. Both the high court and the Sessions court have the
competency to grant this bail. If the Sessions court rejects the petition filed by the applicant for
the anticipatory bail then he can’t file the petition for the same in the high court.
(iv) No police officer can avoid his duty of registering offence if cognizable offence has been
committed and is hence disclosed. Strict steps must be taken against erring officers who do not
register the FIR in case of cognizable offences.
(v) The scope of preliminary inquiry is only to ascertain whether the information reveals any
cognizable offence and not to verify the veracity of the information received.
(vi) The category of cases in which preliminary inquiry may be made are as under-
(a) Cases of Matrimonial disputes family disputes
(b) Matters of Commercial offences
(c) Cases involving medical negligence.
(d) Matters of Corruption cases
(e) Abnormal delayed cases where in initiating criminal prosecution, for example, over 3
months have already passed.
The above are non-exhaustive conditions.
(vii) A preliminary inquiry should be made time bound and in any case it should not exceed 7
days while ensuring and protecting the rights of the accused and the complainant. Any reason or
fact of such delay must be reflected in the General Diary entry.
(viii) It is a mandatory practice as directed by the Supreme Court that since the General
Diary/Station Diary/Daily Diary is the record of all information received in a police station, all
information relating to cognizable offences, either resulting in registration of FIR or leading to
an inquiry, must be meticulously reflected in the diary, no matter even if it is a preliminary
inquiry.
Please add few important cases like D.K Basu, Lalita Kumari which have been taught at Cr.PC
class.