- Suppose an offence has been committed and FIR lodged.
- Then police starts investigation, when it is a case of FIR.
- Now investigation process includes so many things like: police will go to spot, arrest the Accused, search and seizure, statements, record confessions, record Dying Declaration etc.
- Investigation starts from FIR till filing of Police Report.
- If the police thinks that, he has done sufficient investigation the he will file a police report.
Police report: Inquiry
- After police Report, magistrate take cognizance that whether proceeding are going further or not.
- There judicial magistrate comes into the picture and applies his judicial mind.
- Now he will issue the process i.e either summon to the Accused or warrant of arrest.
- Now accused will appear before judicial magistrate then at this time document of copies of document will given to accused.
- Trail starts from where charges are framed.
- Now, when charges are framed by Judicial Magistrate, then at this time charge framing is a part of trial.
- When charges are framed, immediately the charges will be told to accused i.e to ask for plea of guilt.
- Then after plea of guilt prosecution evidence will be recorded and after that the defence evidences
- Then Argument and finally judgement and sentence to the accused.
- Now, if no charges are framed against the accused he will be Discharge.
- Here, you can say that trail never started, as he is discharged because no charges are framed against him.
- This above process is in the case of FIR.
- There may be another cases also i.e Complaint cases
Stage of inquiry will be: Complaint filed
- Cognizance of the offence (if the magistrate takes)
- Now the complaint proceedings
- Issue of process, if he finds the complaint is false- then he will dismiss the case
- Then, accused will appear and he will be given documents.
- Stage of trial in case of complaint case:
Charge framing :Trial
- Judgement and then sentence to the Accused.
- In case of information cases:
- There may be cases upon information also i.e magistrate somehow come to know about the offence, either suo motu or information from other sources.
- Then he can take cognizance directly under Section 190 (1)(c).
- And directly go for issue of process.
Charge framing : Trial starts.
- Investigation Section 2(h)
- ” investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
- Inquiry Section 2(g)
- ” inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.
- Section 2 (g), does not define inquiry as such rather it only declares that inquiry can be conducted by a magistrate or court.
- It primarily declares that inquiry and trial are mutually exclusive
- That is, inquiry and trial cannot co exist simultaneously rather whenever trial begins, inquiry will end.
- And thus they are mutually exclusive.
- Inquiry in general sense, means any proceeding which is to be conducted by magistrate.
- Whether charge framing is part if inquiry or trial?
- Can investigation stage and inquiry stage overlaps?
- Can there be overlapping between investigation and trial stage?
- Can there be a case where only inquiry was done and no investigation or trial was done?