BASIC PROCEDURE -PROCESS OF COURTS

THE BASIC PROCEDURE-PROCESS OF

the Trial COURTS
Basic understanding of procedure /process of courts in both criminal and
civil cases in nut-shell [for dummies] ,not a exhaustive commentary or
reference material:
Many Young students/Advocates take time to understand procedural
laws.Only careful and meticulous study ,one can learn procedural law with
ease.
To become successful lawyers,one must muster procedural laws,we often
ignore it,when we study at university.The mustering procedural laws should
be given utmost importance along with substantive law.
"CIVIL"
The procedure involved in civil cases.
Plaint:Preparing PLAINT (in duplicate) along with [a]Verifying affidavit
[b]Valuation slip
[c]Vakalatnama
[d]List of documents
[e]Interim Application(IA)
[f]Process fees
[g]Copies for the court & other side i.e defendants
Filing-Filing of plaint before Chief Ministerial Officer[Sherestedar)paying
appropriate court fee &process fees.
Numbering :Initially S.R No. will allotted, after office scrutiny[it may
returned for lack of clarity in documentation or discrepancies or vagueness
in drafting ], if registry/office is satisfied ,number [OS .no e.g 01/2012] will
be allotted, the file will come before the bench /court.It is first hurdle in civil
cases.

Hearing on IA No.1 (if any IA is filed for immediate relief e.g Interim
Application[out of order] like restrain order or injunction order)
Interim Order :If IA is allowed, comply with the order. [compliance means
sending IA copy to the other side by Registered Post with
Acknowledgment due and filing affidavit to that effect in the court]- On
every interim application ,there will be stages to be followed by either of the
partyobjection by the other side Hearing Order on said IA.
-Or the court will issues Notice/Summons to other side.
-Return of notice
-If other side appears, they will file vakalat or they will be placed exparte.
-If notice is not served to the other side[due to wrong address ]
-Steps to re-issue the summons to be taken by filing process or take steps
to give public notification in news paper advertisement, if address of
defendants is not known.
-Written statement-If the other side appears, matter will be posted for
Written statement of defendants
-Issuesafter filling of Written Statement ,the court will frame issues
involved in the case[suit]
-Evidenceafter framing the issues ,evidence of plaintiff ((PW) by way of
filing affidavit and exhibiting the documents
-Cross examinationCross examination of plaintiff.
-Evidenceevidence of defendant by way of filing affidavit and exhibiting
the documents.

-Cross examinationCross examination of the defendant.

-ArgumentCourt will hear arguments of the plaintiff counsel.

-ArgumentCourt will hear arguments of the defendant counsel.

FINALE JUDGEMENT
------------------------------------------------------------------------" CRIMINAL"
-FIR[First Information Report]complaint to police registers FIR-Sec-154
Cr. P .C.,-FIR sets criminal law into motion.[Private Complaint can be filed
in magistrate court ,which will beagain referred to police for
investigation],FIR is not compendium ,all details are not necessary.
-Cr.No will be allotted e.g Cr. No. 12/2012-Malakpet P.S .. &CD
maintained as per procedure.

will be

-INVESTIGATION:on investigation accused will be arrested.Police will visit

the scene of crime,collect evidence-when,how,where,whom,why&other
incriminating material,conduct panchanama /inquest[P.M will be conducted
at civil hospital to a-certain the cause of death ],police will start pining
down the suspects with available clues at scene of the crime/offence.
-PRODUCTIONaccused will be produced before the Magistrate,accused
will be send to judicial custody[after examination by the doctor to ascertain
the fitness of accuse]
-BAILapplication for bail is to be filed (if Bailable -u/s 436, Non-Bail able
-u/s 437 before Magistrate ,in bailable cases ,bail is matter of right unlike
nonbail able cases) an anticipatory bail can be sought for apprehension of
arrest.

-OBJECTIONSAPP will file objections after receiving instructions from

concerned Police Station.
-HEARINGCourt will hear the matter.
-ORDEROrder on bail

-FINALE REPORT /CHARGE SHEETthe police will file Final Report

i.e.Charge sheet,detail report mentioning offences committed by the
accused,witness[PW],Exhibits-weapons recovered-Post Morten &expert
reports.Complainant can object charge sheet ,magistrate can ask police to
file charge sheet again.[if the offences are trial able by sessions court, the
court will commit the matter to the sessions court]
-HEAR BEFORE CHARGEIt is mandatory for court to hear the matter
before charge
-CHARGECharges framed by the court will be read over to the accused
and ask them,whether they are guilty ?. If the accused denies the guilt,
plead innocence, and then it will be posted for trial,if accused plead
guilty,no question of trial.
-TRAILcourt will issue summons to the Witnesses for trial.
-EXAMINATION- IN- CHIEF-chief examination of witnesses by APP.
-CROSS EXAMINATIONCross examination by counsel/Adv. for accused.
-MANDATORY 313 CR.PC STATEMENTread over by judge to the
accused.
-ARGUMENTSarguments by Public Prosecutor &Defence counsel.
-JUDGEMENT
-If in FIR offences alleged are exclusively triable by Sessions Court then a separate Criminal
Misc is to be filed before the Sessions court for bail.

-CRIMINAL MISC Criminal Misc petition for bail is to be filed before

Sessions court along with certified copy of First Information Report &
complaint.

-NOTICE TO PUBLIC PROSECUTORCourt will issue notice to Public

Prosecutor
-OBJECTIONSPublic Prosecutor [after getting instructions
concerned police station] will file objections or oppose bail

from

-HEARING OF ARGUMENTSCourt will hear the arguments.

-ORDEROrder on bail, if bail is rejected, accused can file bail application
again, there is no bar on filing no. Of bail applications,
accused can approach High court /Supreme court,if bail is rejection by the
trial court.
- After filing of the charge sheet, the lower[magistrate] court will commit the
matter to Sessions court and session court will after framing the charges,
fix the dates for trial and above mentioned procedure of evidence/mode of
trial will be followed.
Quantum of Sentence -Court will decide quantum of sentence after
accused is found guilty of offences as alleged in the charge sheet.
-JUDGMENT-pronouncement of Sentence.
References &Read more :
1.Criminal Procedure code ,1973.
2.Civil Procedure code,1908.
3.Indian Evidence Act 1872

Myth and Reality of courts and court procedures

Each court is different, but some broad points will remain the same across all courts
whether criminal (498a case)s. E.g.
1. People go with high hopes that they will be able to share their Mann ki Baat in front of
judge, explain that the whole case is false, that they are carrying a clinching evidence in
their bag which once put forth in front of the court, it will be disprove the whole case.
Unfortunately, the system of justice works in a very systematic way, where there is no
scope for any short cuts no matter how good the evidence you may have with you.

Sequence of any court case

1. Complaint (criminal), or Petition (family court/DV). When wife files DV or divorce case,
she is petitioner. If you file divorce case, you are petitioner.
2. Written statement, or commonly called objection to be filed by respondent (not in
criminal)
3. Frame of issues (civil), framing of charges (criminal)
4. Trial Evidence by witnesses, then cross-exam of witnesses by respondents lawyer
5. Evidence by respondent, then his/her cross exam.
6. Arguments.
7. Order/Judgment
8. Appeal/Revision etc in same or higher court if any party challenges the order

Sequence of steps in an IPC 498A trial

The sequence of a 498A trial has been given in good detail and with reference to the
various CrPC sections at link below. People can read that, and having read that, should
look at the practical sequence of steps in a 498a trial below.
1. Wife files FIR in police station with allegations like I was not given food, we gave x
lakhs in dowry, blah blah
2. Police takes case, and immediately arrests husband, parents, family dog, and relatives
who are the accused in the FIR. Police after the Jul 2014 judgment by SC, sends notice
to accused and follows CrPC 41, 41A procedure. That seems to be happening in most
cases.
3. Person may apply anticipatory bail before FIR, and the AB in most cases may get
rejected because of a chicken and egg problem. Judge says no need of AB without FIR,
but if the FIR was filed, then person wont be able to reach the court to apply AB, he
would have been arrested already!

4. Person may apply for regular bail.

5. In case of IPC 406 alongwith 498A, courts especially in Delhi may put condition to
deposit few lakhs to get bail. That scam continues.
6. In Bihar, judges will grant bail with condition to pay monthly maintenance to wife! That is
another tradition in progress over there.
7. Chargesheet filed by police. Maximum time is 90 days, but in practice heard that its not
been filed even after 2 years. My guess is its because of some mediation having been
ordered due to multiple cases apart from IPC 498a case. That is another grand tradition
of Indian courts of mixing civil and criminal cases together so fluidly.
8. After chargesheet accused appears before judge for Hear before charge (HBC) or
framing of charges. Instead for 4-6 hearings, there will be nothing done. Very likely that
in at least 1 hearing, court asks the accused (you) whether you have got a compromise?

To be continued

Sequence of steps in a CrPC 125 maintenance trial

1. Wife files petition to court that I was not given food, I was locked in the bathroom, etc
etc standard templates available at all lawyers desks for such wives.
2. Summons sent to respondent (husband) by court.
3. Some husbands avoid summons thinking in typical Indian style that this is a smart way
to avoid this problem, or its going to help in future.
4. Husband takes summons and goes to court, with lawyer.
5. Lawyer files vakalatnama, which is basically a document where client (you) gives
authority to lawyer to do everything on your behalf as if he/she were you, and even sell
your soul and recover the proceeds to pay for lawyers fees if it ever comes to that. Ok
maybe not that, but you get the idea.