GUIDE FOR CRIMINAL CASES PROCEEDINGS

  1. Pre Investigation Stage
  • Criminal investigation is the name of assortment of evidence in regard of the wrongdoing being referred to. Its fundamental intention is to guarantee that nobody is put on trial except if there is a great body of evidence against him.
  • First Information Report (FIR) is a notable specialized depiction of a report under 154, Code of Criminal Procedure, 1898 (Cr.P.C.) which gives first data of a cognizable offense.  It is for the most part made by the complainant or somebody for him.
  • Police is under legal obligation under section 154 Cr.P.C. also, have legal right presented under section 156(1), Cr.P.C. to explore into cognizable offences.1 If there should arise an occurrence of investigation into non-cognizable offenses, the police by uprightness of section 155, Cr.P.C., will be needed to acquire consent from Magistrate by making an passage into concerned book according to police rules and afterward to explore the case; they can neither register a case under section 154, Cr.P.C. nor would they be able to capture the accused without a warrant.
  1. Investigation Stage
  • Section 172, Cr.P.C. requires each police official making an investigation to enter his step by step proceedings in investigation in a diary, presenting (a) the time at which the data contacted him, (b) the time at which he started and shut his investigation, (c) the spot or places visited by him, and, (d) an assertion of the conditions discovered through his investigation.
  • “Arrest” is the methods through which an individual is denied of his freedom by lawful authority. The term ‘arrested’ is for the most part used to indicate ‘arrest’. Also, the term ‘authority’ is just one of the types of confinement. Police are dressed with huge forces to arrest an individual in the instances of non-bailable offenses, bailable offenses, and even in issue where they may make preventive arrests. Private person can also arrest a person who has committed the crime. Magistrate can also arrest or order to arrest the accuser.
  • After accused is arrested, he/she must be produces before magistrate under any cost within 24 hours of his arrest.
  • In case investigation is not completed within 24 hours, Magistrate may be asked by Police to give remand depending on the case. Remand maximum can be extended to 15 days.
  • The Magistrate will not allow police authority remand without accused.
  • Be that as it may, when accused is too sick to even consider voyaging; as is for the most part found in situations where accused is harmed and is subsequently hospitalized, and the specialist ensures his failure to move; or when an accused is a lady who has as of late brought forth a kid, and can’t be taken before a Magistrate without individual anguish or danger to wellbeing, they ought not be eliminated until they are in an appropriate condition to travel.
  • Woman remand cannot be demanded with the exception of case related to qatal or dacoity.
  • Bail can be granted by Police and magistrate. In case of Police it ends with the conclusion of investigation.
  1. PRE TRIAL STAGE
  • This stage includes proceedings from Police report submission to framing of charges against the accused.
  • Challan or final investigation report exception of its finding (guilt or innocence) is presented in Criminal Court under S.173.Cr.P.C. Investigation must be completed without any unnecessary delays within 14 days of F.I.R.
  • Charge sheet or chllan is filled on Government directed form.
  • In case of insufficient evidence court orders to release the accused.
  • All the documents including statements of witnesses, police reports must be provided to the accused free of cost seven days before the start of the trial.
  1. TRIAL
  • Charge, different kinds of framing charges, accused guilty or not guilty, accused remain silent during the plea, accused pleads not guilty but admits later, withdrawal of charges, law of evidence, components of witness, deaf and numb witness, defense, final judgment, acquittal and convictions are primary parts of trial proceedings.

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Chheena Law firm has years of experiences in cases related to violence and crimes, i.e. Cyber Crime, Corruption, Murder, Narcotics, White Collar Crimes Murder, sexual Harassment, Kidnapping, Terrorism, attempt to murder, rape, Extortion, Robbery and Human Trafficking and many more cases. Chheena Law firms has expert lawyers at every district session bars in Pakistan. Chheena Law Firm ha expert criminal lawyers at Provincial courts, Supreme Court of Pakistan. Through our contact number you can contact us and can seek legal opinion free. After consultation our services for case proceding can also be hired.