PROFESSIONALS' LAW INSTITUTE, SCO 135/2, Sector 24-D, Chandigarh.
TEST
CRPC -1 DATED 12.07.2018
1.
The accused
(who was a Chief Editor of a daily newspaper) was summoned under section 204
CrPC for an offence u/s 500 of the Indian Penal Code, 1860 ("IPC")
(defamation). The Chief Editor, on appearance, moved an application seeking
'dropping of proceedings' on the premise that there was no specific allegation
against him and offence against him was not made out. The Magistrate accepted
this plea and held that complaint, insofar as it concerned the Chief Editor,
could not be proceeded with. Decide the legality of the order passed by the
Magistrate.
2.
“The Trial judge is the kingpin
in the hierarchical system of administration of justice.” Discuss keeping in
view the various provisions of CrPC dealing with the role of magistrate during
investigation.
3.
a) Discuss the
rights of the accused during remand? What are the conditions to be confirmed by
the Magistrate When he remands a person to police custody?
b) X' a petty hawker engaged
in selling pens and sundry items at I.S.B.T. is produced before you by the
police on 11.01.2018 on the allegations that he was arrested on the previous
day i.e. 10.01.2018 in case F.I.R. 301/2018 Police Station sector 17 under
section 379 I.P.C. relating to pick pocket of a passenger P, who arrived at
1.S.B.T. on the night intervening 06.01.2018 and 07.01.2018; a cash amounting
to Rs. 300/-, ball-pens numbering about four dozen and several key rings were
recovered from the personal search of 'X': 'X' during course of interrogation
confessed to have picked the pocket of a passenger on the night of 06.01.2018
and 07.01.2018; and could get recovered the stolen purse, Identity Card of the
passenger and a part of the cash from the house of his sister in Manimajra.
Police
prayed that 'X' be given in police custody for two days to enable them to
effect the recovery of the stolen articles and complete the investigation. On
the other hand a plea for the release of 'X' on bail was made on the ground
that he is innocent and police has falsely - implicated him in the theft case
and he never made any confession about the incident of theft. Case diaries
produced before you showed the factum of arrest of 'X on 10.01.2018, his
interrogation but their existed no confession of 'X'. Decide the prayer of
police and the plea of 'X'
4.
a) Who are the
person who can claim maintenance under section 125 Cr. P.C. What are the
factors which are to be kept in view while granting maintenance? Can the Court
award interim maintenance? How the orders of maintenance passed under section
125 Cr. P.C. can be enforced? Discuss.
b) Ramesh, an Engineer
earning Rs. 35,000 per month has deserted his non-working wife and two school
going children who live with his wife’s parents. She makes an application under
section 125 of the Code of Criminal Procedure, 1973 for maintenance of herself
and two children. Ramesh has to maintain his old parents and invalid sister.
Decide her application.
5.
Rajiv and
Rajesh, two brothers live with their families in a jointly owned house. The
families used to quarrel, so they decided to partition the house and joint
assets. On 3rd September 2007 both decided to meet for partition. Both called
their brother-in-laws at the time of negotiations. Dispute arose between them
over partition of house and assets. Heated arguments ensued. Rajiv got very
angry and went inside the house and brought a Gandasa. He attacked Rajesh and
his brother-in-law. Rajesh and his brother-in-law tried to save themselves and
received injuries in the scuffle. Rajesh snatched Gandasa from Rajiv and gave a
Gandasa blow to him, which struck abdomen of Rajiv, resulting into his death.
In the light of above facts, What charge can be framed against Rajesh?
6.
A was convicted
and sentenced by Additional Chief Judicial Magistrate. Feeling aggrieved, A
challenged the judgment and order of conviction and sentence. The appeal came
to be dismissed on merits. A then filed application under 401 read with section
482 CrPC before the High Court, but it also came to be dismissed by Learned
Single Judge when none appeared on behalf of the appellant on the date fixed.
A challenged the order by way
of appeal before Apex Court on the ground that the matter suddenly appeared in
the list and his counsel could not appear because of unavoidable difficulty
i.e., he was to rush out of town to his ailing daughter to take care of her and
as such there was non appearance when the matter was taken up by the High Court.
Affidavit of counsel is filed. Medical certificate is also annexed.
On the other hand, it is
argued on behalf of the respondent that none appeared on behalf of the
appellant before the High Court on two dates and as such court had no option
but to dismiss the revision petition on merits. Decide.
7.
Write a short
note on .
(i)
Statements recorded under sections 161 and 164 Cr. P.C.
(ii) Investigation, inquiry
and trial.
(iii) Search warrant and
production warrant.
(iv) Police remand and
judicial remand.
(v) Coercive steps to be
adopted by courts to procure attendance of an accused.
(vi)
Complaint case and police case.
8.
Whether an
accused additionally summoned u/s 319 of the CrPC, is entitled to a hearing on
point of discharge, or not?
9.
A, was
aggrieved by an IAS officer, who was demanding bribe from him to do a legal
work. He filed a complaint before Magistrate under section 156(3) of CrPC to
direct the police to lodge FIR and conduct the investigation. The police
investigated the matter improperly and filed the chargesheet without obtaining
the requisite sanction. A filed an application before the concerned authority
for obtaining the sanction.
a) Should a private person’s request for sanction of
prosecution of an IAS officer in a corruption case be entertained?
b) At the stage of trial, A moved an application for
allowing him to conduct the prosecution on the ground that since the accused is
an IAS officer, no public prosecutor will conduct the trial properly and the
Public prosecutor already filed an application under section 321 CrPC for
withdrawal of prosecution. Decide the application.
10. Is the bar of limitation under section 468, CrPC to
be reckoned with reference to the date of complaint or the date of taking
cognizance by the court? What are the consequences of taking cognizance beyond
the prescribed period of limitation? Whether this provision applies to the case
of an accused, against whom cognizance is taken under section 319 CrPC?
11. A is convicted by trial court of an offence under
sections 3 and 7 read with section 25(1A) and (1B) of Arms Act and sentenced to
6 years of Rigorous Imprisonment. He files appeal against his conviction and
sentence. During pendency of appeal, A is granted bail. He is desirous of
contesting election to the House of People from Lucknow Parliamentary
Constituency. He files an application under section 389 CrPC for suspending
order of conviction and sentence pending final hearing of the appeal. He
submits that he has got fair chance of appeal being allowed and that if
conviction and sentence is not suspended, he would be seriously prejudiced.
Reference is also made to decision in Navjot Singh v. State of Punjab, (2007) 2
SCC 574, Rama Narang V. Ramesh Narang, (1995) 2 SCC 513.
On the other
hand, on behalf of the State, it is submitted that conviction and sentence can
be suspended only in exceptional circumstances and that A is not entitled to
any such relief in view of serious crime alleged to have been committed by him.
Reference is also made to provisions of Representation of People Act to contend
that in view of express prohibition of law from contesting election, petitioner
is not entitled to the relief prayed for. Decide
12. Highlight the statutory provisions contained in the
Code of Criminal Procedure which give effect to principle of fair trial. In
particular, elaborate on the following principles as reected in the Code of
Criminal Procedure:-
i)
Separation of
judiciary from executive
ii)
Public and open
hearings
iii)
Nemo debet esse
judex in propria causa
iv)
Right of victim
to seek legal assistance
v)
Right of
accused to have the evidence to be taken in his presence (20 Marks)
13. Whether the High Court has the inherent powers under
section 482 CrPC of
i)
Quashing the
FIR on the basis of compromise for the offence under Section a) 307 IPC b) 326
IPC c) 304-A IPC
ii)
Do you think
Quashing of FIR on the basis of compromise under section 482 CrPC is in
violation of the express provisions of Section 320(9) CrPC
iii)
Directing the
Police to arrest an accused person whose anticipatory bail has been rejected by
the High Court itself.
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