Q No.1. under what provision the criminal court can call the original record/ documents ?
Ans : The court as well as police officer has power under section 94 Cr.PC.
Q No.2. Weather magistrate has power to pass order for registration of FIR ?
Ans : Yes magistrate is empowered under section 156 (3) Cr.Pc can direct the SHO to register the FIR. (Read (1) 2011 PCrLJ 1629 SINDH SAIF UR REHMAN v/s XTH CIVIL JUDGE/J.M., HYDERABAD (2) 2011 YLR 1279 SINDH ANWAR ALI versus MAZHAR HUSSAIN HISBANI)
Q No.3. What is the provision for supply of documents weather it mandatory or discretion of court.
Ans: Supply of documents provisions in magistrate trial 241-A & 265-C is Sessions Trial and it is mandatory.
Q No.4. Define Charge & its Stages? Can a person charged with one offence be convicted of another offence if so?, When ?Alteration and modification charge?
A. A charge is the precise formulation of specific accusation made against the person. The object of the charge is to enable the accused the know the particular accusation made against him in order to meet and to be ready for them before evidences given as to make him able to meet his defence.
B. Particulars of the charge:
01. Specific name of the offence
02. Law or section of the law with which the offence is alleged have been committed
03. Time and place of the offence and the person against whom or the thing it was committed.
04. Data of the previous conviction for which punishment shall be enhanced.
C. The general rule is that accused cannot be convicted of an offence which he was not charged. The cased in which a person is charged of one offence still he can be convicted of another offences or exception to this general rule. These exceptions are provided in sections 237 and 238 of CrPC.
D. Police cannot amend the charge on their own and submit challan under without the approval of prosecution department. (1991 PCR LJ 723)
Q No.5. Can a person be charged in multiple cases?
A. Yes. General rule is that for every distinct offence of which any person is accused there shall be a separate charge; every such charge shall be tried separately.
The separate charge for distinct offences: mentioned section 233
Q No.6. Can a person be charged if his name is not mentioned in charge sheet, Provision?
A. Any person may give an application under section 190 to the magistrate to take cognizance of offence and charged the accused. And further more it is provided in the Cr PC under the title amendment in charge governed.
Q No.7. Under what provision final report is submitted by police?
A. Final report is submitted under section 173 Cr. P C
Q No.8. What is Appeal ?
A. Right of carrying a particular case from inferior court to superior court for ascertaining sustainability of judgement.
Q No.9. Can a Judicial Magistrate acquit accused at any time during the pendncy of Trial?
A. Under Section 249-A A magistrate has a power to acquit an accused at any stage even before charge during the pendency of the trail ( read 2016 PCrLJ 1398 SINDH )
Q No.10. What is remedy against 249-A order if accused acquited ?
ans. If accused acquitted under section 249-A Crpc, state, complainant or any person being aggrieved by the said order may file an acquittal appeal under section 417 CRpc before the High Court.
Q No.11. What is remedy against dismissal of application U/s 249-A ?
Ans. The remedy agaisnt the dismissal of application u/s 249 Cr.pc is Revision before the Sessions court.
Q No.12. Difference between 249 & 249- A?
A. Under section 249 magistrates may stop the proceeding when no complainant appears before the court. while under section 249-A magistrate has the power to acquit the accused at any stage during the pendency of the trail if charge is groundless.
B. Under section 249 once an accused discharged can be charged again. But under section 249-A magistrate can acquit the accused on the basis of evidence at any stage.
Q No.13. Whether order under section 249-A Crpc is final or not ?
A. Order passed under setion 249-A Crpc is final order and Magistrate has no power to recall the same however same can be challenge in appeal can be filed against such order under 417 Cr.P.C
Q No.13. Under what provisions appeal against acquittal is filed?
A. Acquittal appeal is filed under section 417 Crpc .
Q No.14. what are the limitations for the filling appeal agaisnt the acquital order ???
Ans B. Limitation: 30 Days. No special leave to appeal from an order of acquittal shall be entertained by HC after the expiry of 60 days from the date of that order (Government)
C. If in case of application for grant of special leave to appeal from an order of acquittal is refused no appeal from that order of acquittal shall lie
D. Power of appellate to punish, remand.......additional evidence (428)
E. Acquittal appeal once filed cannot be withdrawn.
Q No.14. Define Bail, Grounds for Grant & Rejection?
A. To give or deliver the accused in the hands of sureties. (496)
B. Granting of bail in bailable offences is a right of accused.
01. Right
C. Non bailable
01. It is given when no reasonable grounds for the commission of offence.
02. Any person under the age of 16 years, sick or infirm person, a woman.
03. It is provided as a matter of concession and not as a matter of right.
15. What is Habeas Corpus, where is it filed? Difference between 491 &199?
A. 199 is the constitutional remedy. Remedy under section 491, session judge and HC have power to give remedy. It is a procedural remedy.
B. Habeas corpus can be filed when life of person is in peril/danger. Issued in the case of illegal detention/unlawfully imprisoned.
C. Can be issued when a post card sent to judge by victim or his relative.
D. Habeas corpus means produce the body.
E. This keeps a government from imprisoning people unlawfully. Even given condition of the jail is poor and prisoner suffer.
F. It is filed in the Session Court and High Court.
16. Habeas Corpus is filed in District court or High Court?
A. In both courts.
17. What are the cases in which Habeas corpus can be filed against father?
A. Habeas Corpus under section 491 HC has got jurisdiction in matters pertaining to the custody of minors of tender age and it can be issued against the father and it is the speedy and appropriate remedy because mother’s first right to hold custody of minor in Islam it is also known as HIZANAT.
B. Case of the Japanese Lady: In this case honourable court observed that mother’s cradle is god’s cradle and unless she is disqualified her first right of custody stands fully established. Jurisdiction can be exercised under article 199 of the constitution as well as under section 491 crpc HIROKU_Muhammad v/s Muhammad Latif 1994 MLD 1682.
C. Recently case of minor Japanese daughter given to her mother in preference to Muslim father 1999 CLC 1202.
18. Whether Justice of peace can take special oath from any party?
A. No. He does not have powers to do so.
19. Once complaint dismissed /withdrawn ?can be filled again, Procedure?
A. In the cases where complaint is made against the relative and there after compromise made cannot be withdrawn without the permission of court.
B. Yes complain can be made again after the dismissal provided under section........
20. Narrate the procedure when accused died during the trail of case?
A. It is the principle in the criminal that personal action dies with the person. Therefore trail would end with the death of the accused.
21. Accused convicted for 5 years in offence of 302 with fine, under what section/provision he can seek bail ?
Ans he can seek suspension of sentence U/S 426 crpc.
22. if any person who was eye witness but police did not make him witness what is remedy to make him witness ?
Ans if any person who is eye witness and his name was not placed in calendar of witness then complainant may file Application before trail under section 540 Cr.pc to call such person as witness .
23. Can statement of accused 342 be treated as confessional statement?
A. yes if accused admit that he has committed an offence it can be treated as confessional statement ..
24. In Criminal case on who burden of proof lies, What are the exemptions of burden of proof in criminal cases?
A. In criminal cased Burden of proof always lies on the prosecution but there are some exception to this rule which are given under
01. Plea of albi
02. Self defence
03. Insanity
04. Dishonouring of cheque.
In above mentioned cases burden of proof shifts on accused.
25. Can a private person arrest anyone?
A. Yes for the sake of preservation of peace if any individual whose sees it broken may restrain the liability of the person whom he sees the breaking it , as long as his conduct shows that public peace is likely to be endangered by this act.
26. 161? Difference between 161 and 164?
A. Section 161 provides that police officer making an investigation may examine any person orally acquainted with the facts and circumstances of the case and such person shall be bound to answer all questions relevant to case except questions the answer to which would tend to expose him to criminal charge or to penalty or forfeiture.
B. The statement under 161 is not signed by the person making it.
C. The statement under 164 is always recorded by the magistrate it may be confessional statement or it is self explanatory matter. A confession may be recorded by any magistrate. This statement cannot always dealt as confessional statement.
D. Statement under 364 is also recorded by magistrate in which procedure for the examination is given. In case he is making confessional statement.
27. Criminal conspiracy and its punishment?
A. Criminal conspiracy is defined under section 120-A PPC which says when two or more persons agreed to do or cause to be done
01. An illegal act or
02. An act which is not illegal by illegal means, such n agreement is designated a criminal conspiracy
03. Punishable with death or imprisonment of life or rigorous punishment for a term of 2 years or upward and per crime abetted.
28. Abatement and its punishment?
A. 06 months punishment
29. Criminal remedy in dishonoring of cheque?
A. Criminal remedy against the dishonoring of the cheque is given in 489-F which says whoever dishonestly issues a cheque towards repayment of a loan or fulfillment of an obligation which is dishonored on the presentation, shall be punishable with imprisonment extend to 03 years, with fine or with both unless he can establish, for which the burden of proof shall rest on him that he had made arrangements with his bank to ensure that the cheque would be honored and that banks was at fault in not honoring the cheque.
30. Procedure of illegal dispossession?
A. A complaint is filed before session judge under section 3, 5, and 7 of illegal dispossession act, 2005 before the session court.
31. What are the remedies if SHO does not register the FIR?
A. An application under 22-A (6) clause 1 and 3 (by Justice of peace) and application under section 156 (3) before magistrate. And direct complaint 200 crpc.
32. What is the difference between F.I.R & Challan?
A. It is first information report dealt in section 154 Cr. P C. It is not a substantive piece of evidence. Its objective is to put law in motion.
B. Challan is mentioned in 173 Cr P C. When the investigation report is completed the station officer shall submit a report to magistrate to take the cognizance of the office is known as Challan. It contains 07 columns
33. What is Remand (167) difference between Judicial Custody & Police Custody if investigation cannot be completed in 24 hours fixed by the section 61 Cr. P C and there are grounds for believing that the accusation or information is well founded, the officer in charge of police station or police officer making the investigation shall forth with transmit to the nearest magistrate.
B. There are two types of remands
01. Judicial remand: means accused is sent to the judicial custody or judicial lock up.
02. Physical remand: means accused is given in the custody of police for the further investigation.
34. what is remedy against the tentative order ?
Ans there is no remedy against the tentative order .
35. whether family court has power to pass interim order of maintenance or not ?
Ans yes family court can pass interim order of maintenance under Section 17-A at any stage.
36. under what section criminal court has power to post pone/ adjournment the hearing/case ?
Ans under 344 Crpc criminal court has power to post pone/ adjournment the case ?
37. Whether order under section 249 is final?
A. Order under 249 is not final order and Magistrate has power to recall the same on appearance of complainant and his witness .
38 .Bail application can be moved during Judicial Remand ???
Ans . yes there is no bar on moving Bail application during judicial remand ??
39. Whether witness be produced by complainant for recording statement u/s 164 crpc or only through I.o ?
Ans yes complainant can produce for recording of statement u/s 164 crpc there is no bar that only I/O can produce the witness for recording statement u/s 164 Crpc ( read 2018 Y L R 977, 1999 P Cr. L J 2044 [Lahore] ).
40. Whether magistrate is competent to reduce the surety amount ?
Ans No he is not competent in view of 498-A and powers are given for reduction of surety to Sessions Court high court and then Supreme court.
41. whether in private complaint of murder is there any need to seek bail ???
Ans . in all private complaint including murder complaint only surety has to be submitted and no need of getting bail read land Mark judgment 2014 SCMR 1762.
42. Whether 249-A Powers can be exercised suo moto or application is necessary ?
Ans 249-A crpc powers can be be used suo moto after dur notice and application not mandatory read 2017 PCrLJN 162 lah .
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