JAMIA MILLIA ISLAMIA

CODE OF CRIMINAL PROCEDURE- II

TRIAL OF WARRANT CASES BEFORE MAGISTRATE (SECTIONS 238-250)

Submitted By- Submitted To-

IRAM PEERZADA Prof. Asad Malik Sir

B.A.LL.B.(Hons.)

IX SEMESTER

SECTION- B
 ACKNOWLEDGEMENT

I am highly obliged and grateful to my teachers who have been a constant source of imparting
knowledge and have encouraged for learning the beautiful concept of the topic of my project.

Special regards to the University, Jamia Millia Islamia,

Faculty of Law, JMI

Prof. Asad Malik Sir

My classmates and Friends

 CONTENTS

 Table of cases
 List of abbreviations
 Introduction
 What is a warrant case
 Procedure established for trial of warrant cases
 Case instituted on a police report
 Case instituted otherwise than on a police report
 Conclusion of Trial
 Difference between case instituted on a police report and case instituted otherwise
than on a police report
 Conclusion
 Bibliography
TABLE OF CASES

• Adalat Prasad v. Rooplal Jindal, (2004)7 SCC 338.

• Aslam Ikbal Wali Mohammed v. State of Karnataka, 1976 Cri LJ 317,319 (Kant).

• Bhajja Vs. Emperor, (1939) 40 Cri LJ 549.

• Budhan Choudary v.State of Bihar, AIR 1955 SC 191.

• G.D.Chadha v. State of Rajasthan, 1972 Cri LJ 1585,1587 (Raj).

• Ghisia v. State, AIR 1959 Raj 266.

• Gopal Chauhan v. Satya, 1979 Cri LJ 446 (HP).

• Hiralal Gopilal Rathore v. State of M.P., 1988 Cr LJ 457 (M.P).

• In Re Appavu Padayachi, 16 Cr LJ 250.

• In re Gannon Dunkley & Co , AIR 1950 Mad 837.

• Jodha Singh v. Emperor, AIR 1923 All 285,286.

• K.M. Mathew v. State of Kerala, (1992) I SCC 217.

• Kaju v. State, 1985 CrLJ 368 (Cal-DB).

• Mahabir Prasad v. State, AIR 1958 Orissa 11.

• Mahabir v. State, AIR 1958 Orissa 11.

• Mahant Abhey Dass v. S.Gurdial singh, 1971 Cri LJ 691.

• Nandkumar Krishnarao Navgire v. Jananath Laxman Kushalkar, 1998 SCC (Cri) 637.

• Parvin Chandra Mody v. State of Andra Pradesh, AIR 1965 SC 1185.

• Sayeeda Farhana Shamim v. State of Bihar, (2008) 8 SCC 218.

• Shyam Sunder Rout v. State of Orissa, 1991 Cri LJ 1595 (Ori).

• State of Karnataka v. Dhandapani Modaliar, 1992 Cri LJ 24 (Kant).

• State of Kerala v. Chippan Appu, 1959 Ker LJ 1379.

• State of U.P Vs. Babu, 1991 CrLJ 991.

• State v. Bhimcharan, (1962) 2 Cri LJ 83.

• State v. Thomba, 1971 Cr LJ 734.

• SubramaniumSethuraman v. State of Maharashtra, (2004) 13 SCC 324.

• T.N.Janardhanan Pillai v. State, 1992 Cri LJ 436 (Ker).

• Venkateswara Rao v. State A.C.B, 1979 Cri LJ 255,257 (AP).

LIST OF ABBREVIATIONS

AIR All India Reporter

Anr Another
AP Andhra Pradesh
Art Article
Cr.P.C. Criminal Procedure Code
Cri LJ Criminal Law Journal
HC High Court
HP Himachal Pradesh
IPC Indian Penal Code, 1860
Kant Karnataka
Ker Kerala
Ltd Limited
Ors. Others
p. Page Number
Raj Rajasthan
S/s,ss Section, Sections
SC Supreme Court
SCC Supreme Court Cases
v./ vs. Versus
INTRODUCTION:

One of the fruitful things that is given by Britain to India, during her reign was the laws of the
British legal system especially the concept of criminal justice system and its related legislations.
Our Indian Penal Code, Evidence Act and Civil Procedure Code are the products of the British
legislators, which underwent only minor changes even after the independence till now. Likewise,
the Criminal Procedure Code was also introduced by the British, laid a concrete foundation for
the present Criminal Procedure Code, 1973, which deals with the procedure to be followed by
various courts in any criminal proceedings. In addition to it, the Act also imposes duties on the
police officers who are a part of the criminal justice system in India. This project focuses on the
chapter 19 - ‘Trial of warrant cases by the Magistrates’, which forms a crucial part of the Act.

The scope of the project is limited to the study on warrant cases and its trial proceedings. And
consequentially, the paper also explains briefly about other types of trials, to classify and
distinguish the trial of warrant cases from others and also to classify the in-built provisions.

Chapter 19 is divided into 3 groups-

A. Provisions mainly applicable in respect of cases instituted on a police report [Sec.2(r)

read with Sec 190]
B. Provisions exclusively applicable in respect of cases otherwise than on a police report
[Sec.2(d) read with Sec.190]
C. Provisions commonly applicable to both the above mentioned groups
WHAT IS A WARRANT CASE?

The Criminal procedure code provides different types of trial to provide possible means inorder
to reach the ends of justice in an adversarial system. The classification of trial solely depends
upon gravity of the offences, namely,

Trial before sessions court

Trial of warrant cases by Magistrates

Trial of summons cases by Magistrates

Summary trials

The first two kinds of trials are designated for warrant cases and the last two for summons cases
which shows the intention of the law makers to sub divide the warrant cases and summons cases
into two categories for devising suitable trial procedures 1.

A warant case for the purpose of the Act, is a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years2 and other petty cases
would come under summons cases. Cases tried before a Court of Session are all warrant cases
except defamation cases under s.237. Those cases will be tried by the Magistrates as given under
Column 6 of First Schedule and these procedures are comparatively elaborate owing to its nature
of gravity and seriousness.

These warrant cases under ss.238 to 250 are further divided into two main categories depending
on the nature of the complaint. Ss.238 to 243 deals with the provisions relating to the trial of
warrant cases instituted through police report and ss.244 to 247 deals with other types like that of
a private complaint. The last part of this cluster, say from s.248 to 250 deals with the procedures
for conclusion of trial, that remains common to both the categories. This kind of classification
was not present in the Code of 1898, and was then amended by 1955, inserting two provisions
ss.251 and 251A for the older s.251, which was later adopted in 1973 enactment.

1
Pillai K.N.Chandrasekharan, R.V.Kelkar’s Lctures on Criminal Procedure, 174(5th Edition,2015), Eastern Book
Company, Lucknow.
2
S.2(x) of CrPC,1973.
Difference between trial of summons and warrant cases:

S.2(w) of CrPC defines a summons case to be relating to an offence, and which does not qualify
to be a warrant case. Hence, we can come to a conclusion, a summons case is one which relates
to less serious offences for which the imprisonment will not exceed beyond two years. Such a
distinction is sought to make the trial procedures more efficient and convenient. The notable
differences between them would include:

There are two procedures for warrant cases – i.e, by police report and otherwise than on
police report but only one procedure is followed for trial of summons cases

A charge need not be essentially framed for summons case, details of offence would be
sufficient but charges must be framed in warrant cases.

The complainant can withdraw the complaint with the permission of the court in
summons case whereas such withdrawal is possible only when the accused is convicted for one
and the option is given to withdraw the charges for remaining offences and not otherwise.

The accused is acquitted if complainant is absent or is dead in summons case where in

warrant cases, acquittal can only be done in compoundable or non-cognizable offence when the
complainant is absent.

If the accused pleads guilty under s.252, the Magistrate records his plea and shall convict
him in summons cases whereas for warrant cases, the Magistrate has discretion to convict under
s.241.

The plea of guilty can be made even by post in summons and in warrant cases, accused
must appear even for that.

Accused gets only one opportunity to cross the prosecution witnesses in summons and
more than one opportunity is given in warrant cases.

Charges on warrant cases might resemble a summons case, though the charges cannot be
split into constituents but charges in summons cannot reflect the warrant cases
 Evidence of previous conviction can be recorded after the conclusion of trial in warrant
cases but no such power is given to Magistrate in summons cases.

Trial of a warrant case as a summons case is serious irregularity and the trial is vitiated if
the accused has been prejudiced3 and is illegal but the converse, though is also serious, is
curable under s.465.

In addition to these points, when a warrant case is tried as summons case, the acquittal will only
amount to discharge and if the converse happens, the discharge of accused will be considered as
acquittal. If the mistake of trying a summons case is found at any stage in the trial, the warrant
procedures can still be followed .4 The conversion of a summons case to warrants case can be
done if the punishment for the offence would be more than 6 months and in the interest of
justice, the Magistrate feels so, as under s.259 but not vice versa i.e, a warrants case cannot be
converted into summons.

3
State of Kerala v. Chippan Appu, 1959 Ker LJ 1379; In such cases, conviction if made will be set aside and an order
of acquittal will be merely treated as discharge. See also, Singhal M.L., Sohoni’s Code of Criminal Procedure, (21st
Edition, 2015) vol.3, Lexis Nexis, Haryana at p.1082.
4
In Re Appavu Padayachi, 16 Cr LJ 250.
PROCEDURES ESTABLISHED FOR TRIAL OF WARRANT CASES UNDER CrPC.

Cases instituted on a police report:

This provision reiterates the principles under s.251-A of the repealed code with certain
favourable changes like the right of the accused to get copies of the documents and to know
about the evidence against him. It is primarily the right of the person to lodge information to
police or to make a complaint to magistrates .5 The word police report would mean all types of
reports submitted by a police officer irrespective of the nature of the case (cognizable or non-
cognizable) and the capacity6 . If a case initially commences as a complaint case but later is
discovered that police investigation is in process relating to that case, a report of investigation
will be called for and based on that, the procedure to be adopted will be finalised 7 . And under
this category, there will be four major stages of trial to be followed.

A) Initial steps in the trial:

There are certain initial steps to be taken before the commencement of the trial so as to ensure a
planned and smooth procedure.

Supply of copies to the accused:

S. 238 mandates that the when an accused appears or is brought before a Magistrate, under this
category, the compliance of s.207 is mandatory. Accordingly, the Magistrate has to ensure that
the accused gets the copies of all the documents detailed in clauses (i) to (v) of that section. It
serves as a condition precedent to the commencement of the trial which means ‘before the
charges are framed8 . The accused in fact, has a right to know about the case initiated against him
and the details of the evidences.

Option to discharge him:

After considering the police report and documents under s.173 i.e, charge sheet, and also after
giving the prosecution and the accused, an opportunity of being heard, if the Magistrate thinks

5
Mahabir Prasad v. State, AIR 1958 Orissa 11 at p.15.
6
Parvin Chandra Mody v. State of Andra Pradesh, AIR 1965 SC 1185.
7
S.210 of CrPC
8
Pillai K.N.Chandrasekharan, R.V.Kelkar’s Lctures on Criminal Procedure, 544(6th Edition,2014), Eastern Book
Company, Lucknow.
that the allegations against the accused are groundless, he shall discharge the accused and record
the reasons for it as given under s.239. However, the power to recall the summons used to be
exercised on the basis of K.M. Mathew v. State of Kerala9 which was reversed in Adalat Prasad
v. Rooplal Jindal10 . This has necessitated the parties’ filing petitions under Section 482 for
quashment. In SubramaniumSethuraman v. State of Maharashtra11 , the Supreme Court held that
recall of summons is permissible before recording the plea of the accused under Section 252.
‘Opportunity of being heard’ would mean the opportunity of addressing the arguments and not
the examination of witnesses and a discharge is different from acquittal12.

Framing of charges:

Only, if after considering the documents and the examination of the accused and hearing the
accused, the Magistrate thinks that there is ground for presuming that he accused has committed
an offence triable under this chapter which would come under the Magistrate’s competence and
in his opinion could be adequately punished by him, he has to frame in writing a charge against
the accused under s.240 of the Act. S. 173 consists of the documents which are not admissible as
evidences but can be used for limited purposes as under s.162. Examination of the accused at this
stage, can only take place with referrence to those documents and which would also render him
an opportunity to explain his circumstances before framing charges 13 . Once charges are framed,
no question of dropping it, either the accused has to be acquitted or convicted.

Explanation of charge to the accused:

After the charges are framed, it should be read and explained to the accused and he should be
asked whether he pleads guilty or claims trial as under s. 240(1). It should be read to the accused
clearly in a manner understandable by him and the Magistrate should ensure that14 . If he has
been made aware of the offences, a mistake in charges while taking cognizance will not
prejudice the accused15 .

9
(1992) I SCC 217
10
(2004)7 SCC 338
11
(2004) 13 SCC 324.
12
Supra 8 at p.546.
13
G.D.Chadha v. State of Rajasthan, 1972 Cri LJ 1585,1587 (Raj).
14
Jodha Singh v. Emperor, AIR 1923 All 285,286
15
Shyam Sunder Rout v. State of Orissa, 1991 Cri LJ 1595 (Ori).
 Conviction on plea of guilty:

Under S.241, conviction in such a case on the plea of guilty must be recorded else, it is not
sustainable16 .If the facts alleged against the accused do not constitute a crime, a plea of guilty
under such circumstances is only admission of facts and not admission of guilt17 . If the accused
is convicted on his plea of guilty, the Magistrate shall, unless he proceeds in accordance with the
provisions of s.325 or s.360, hear the accused on the question of sentence and then pass sentence
on him according to law18 .

Fixing date for examination of witnesses:

After the framing of charges, the accused is a given a chance to plead and if he is not able to get
a counsel, it is the duty of the Magistrate to arrange for a free legal assistance and non-
performance of it would be against the fundamental rights of the accused under Art.21 19 . If the
accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not
convict the accused under s.241, it is the duty of the Magistrate to fix a date for the examination
of witness as provided under s.242(1). The Magistrate may, on the application of the prosecution,
issue a summons to any of its witnesses asking him to attend or to produce any document or
thing under clause 2 of same provision. But the evidences cannot be recorded on the same day
which would be illegal. The Magistrate has the sole discretion to take decisions under ss.241 and
242. If the prosecution had made an application for issue of summons to its witnesses either
under Section242(2) or 254(2), it is the duty of the court to issue summon to the prosecution
witness and to secure the witnesses by exercising all the powers given to it under the code20 .

16
State v. Thomba, 1971 Cr LJ 734.
17
In re Gannon Dunkley & Co , AIR 1950 Mad 837.
18
Supra note 8 at p.549
19
Hiralal Gopilal Rathore v. State of M.P., 1988 Cr LJ 457 (M.P.); Refer Singhal M.L., Sohoni’s Code of Criminal
Procedure, (21st Edition, 2015) vol.3, Lexis Nexis, Haryana at p.1119.
20
State of U.P Vs. Babu, 1991 CrLJ 991.
 B) Evidence for prosecution:

After the initial steps that need to be taken before the proceeding, had been completed, the
Magistrate will record evidences on the fixed date for examination of witnesses, and the process
begins with the prosecution side (examination of witnesses in support of prosecution) as under
s.242. The prosecution need not examine all witnesses interrogated by the investigating officer
during investigation21 . Provided that the Magistrate, on his discretion can permit for cross
examination to be deferred until any other witness or witnesses have been examined or recall for
cross, which is based on well established principle. But the provision lead to delay, expense and
inconvenience to witnesses.

s. 242(2) gives a discretion to the Magistrate to issue summons to the prosecution witnesses on
the application of the prosecution, and s.242(3) casts a duty on the Magistrate to take all such
evidence as may be produced by the prosecution on the date fixed. The Magistrate has to take all
witnesses and he cannot acquit the accused after taking only a part of prosecution witness22 .

The evidence of each witness, during examination is to be recorded by the Magistrate in writing
or by his dictation in open court or by dictation and under his superintendence by an officer
appointed by the court, when he is not physically well or other incapacity as under s.275 (1). The
language in which the evidence is to be recorded, the manner of reading it to the accused , the
manner of interpretation are all given under ss.277,278 and 279 and other assisting provisions are
also given under this Act. S.275(3) says Magistrate in his discretion, can record such evidences
in a manner of his choice, mostly narrative but might be in form of questions also. The evidence
shall also be signed by the Magistrate which also forms an essential part of the record 23 .

Steps to follow prosecution evidence: After the prosecution evidence has been recorded, it
should be followed by two important steps:

• Oral arguments and memorandum of arguments on behalf of the prosecution under s.314

21
Kaju v. State, 1985 CrLJ 368 (Cal-DB); Refer Ratanlal and Dhirajlal, The Code of Criminal Procedure, (19th Edition,
2015) Lexis Nexis, Haryana at p.1044.
22
State v. Bhimcharan, (1962) 2 Cri LJ 83.
23
S.275(4) of CrPC
 • Examination of accused under s.313 (1)(b)

The procedure followed in the trial in sessions, will be adopted here.

C) Evidence for the defence:

Following the prosecution evidence, now the accused is given the opportunity to give his defence
as under s.243 (1).

Examination of witnesses:

The accused now be called upon to produce his evidence and if he desires, the Magistrate has to
issue process (summons) for compelling the attendance of any witnesses for examination or
cross examination or production of document or other thing 24 provided no compulsion is sought
when the accused had already done it as unless the Magistrate thinks it is necessary for the ends
of justice, under s.243(2). He can refuse the application on the ground that it is made for purpose
of vexations or delay or for defeating the ends of justice and such ground shall be recorded by
him in writing. The court has discretion and power to exonerate the accused from paying the
reasonable expenses to be incurred by the witnesses in attending for the purpose of trial, if court
25
is satisfied that the accused has no means or capacity to pay such expenses where normally
deposit is made by the accused under s.243(3).

If such an applcation is made after the accused enters into defence, adjournment has to be given
necessarily.

Written statement of the accused:

The Magistrate shall file the written statements made by the accused as a part of the record under
s.243(1). It can be used by the accused later, when he feels that he has not been given full
opportunity to explain all aspects of the case under s.313(1)(b)26 .

Record of evidence:

The evidence is recorded in the same manner as that of the prosecution.

24
T.N.Janardhanan Pillai v. State, 1992 Cri LJ 436 (Ker).
25
Venkateswara Rao v. State A.C.B, 1979 Cri LJ 255,257 (AP).
26
See 41st Report, p.172, para 21.8.
Steps to follow defence evidence: After the defence evidence has been taken, the court
exercising its power can, at any stage, summon and examine any person as a court witness, if his
evidence appears to it be essential to the just decision of the case under s.311. After the close of
the defence evidence, the defence can address concise oral arguments and may submit to the
court a memorandum in support of its case as done for prosecution under s.314 which is
followed by the judgment (explained under ‘Conclusion of trial’).

Cases instituted otherwise than on a police report:

The cases instituted otherwise than on a police police report would mean that the cognizance of
offence is taken by the Magistrate either under clause (a) or (c) of s.190(1) and this happens
when a complaint is made to the Magistrate. And the procedure is quite different from that of the
cases instituted by police report because the Magistrate will have the extra burden of
investigation and ascertaining the truth.

A) Initial steps in the trial:

Preliminary hearing of the prosecution:

Under s.244, when the accused appears or is brought before the court, the Magistrate shall take
such evidence, produced in support of the prosecution. Since there is no police report in these
cases, there has to be a preliminary hearing in this accord. S.244 is wide enough to give power to
the court to accept any additional list of witnesses given by prosecution and issue summons and
record their evidence 27 .

Discharge of the accused:

After taking evidence, if the Magistrate feels that no proper case has been made out against the
accused, the accused shall be discharged, which if unrebutted, would warrant his conviction and
the reasons has to eb recorded as under s.245(1). The discharge can also be done if the
Magistrate thinks the charges to be groundless under s.245(2). The discharge would become
28
improper if a successful prima facie case has been made out against the accused and such

27
Sayeeda Farhana Shamim v. State of Bihar, (2008) 8 SCC 218.
28
Mahant Abhey Dass v. S.Gurdial singh, 1971 Cri LJ 691
decision has to be taken only if it seems to be groundless ab initio or after examination of all the
prosecution witnesses where they could not materially help to establish the accusation 29 .

Framing of charge:

The Magistrate shall frame charges in writing, if he is of opinion that there is a ground for
presuming that the accused has committed an offence triable under this chapter and he is
competent to try and punish for the same according to s.246(1) as analogous to s.240(1).

Explaining the charge to the accused:

The charges are explained to the accused under s.246 (2) and he shall be asked whether he pleads
guilty or he enters into defence which is in analogous to 240(2).

Conviction on plea of guilty:

Same as s.241, if the accused pleads guilty, the Magistrate shall record his plea and on his
discretion, can convict him. Fulfilling of essential ingredients of the offence would be necessary
for the conviction on plea of guilty 30 .

Choice of accused to recall prosecution witnesses:

If the accused refuses to plead guilty, or does not plead guilty or claims to be tried or if the
accused is to be convicted under S.246(3) above, he shall be required to state at the
commencement of the next hearing of the case, whether he wishes to cross-examine any, and if
so, which of the witnesses for the prosecution whose evidence has been taken under s.246(4).
The witnesses named by him shall be recalled where the duty is cast upon the Magistrate. The
wordings of the provision also suggest that the reasonable time should be given to the accused
person to decide on it after framing of charge or in special cases after recording the reasons 31.

29
Gopal Chauhan v. Satya, 1979 Cri LJ 446 (HP).
30
Aslam Ikbal Wali Mohammed v. State of Karnataka, 1976 Cri LJ 317,319 (Kant).
31
Bhajja Vs. Emperor, (1939) 40 Cri LJ 549; see also State of Karnataka v. Dhandapani Modaliar, 1992 Cri LJ 24
(Kant).
 B) Evidence for prosecution:

All the prosecution evidences will be examined before charges are framed and they will be
recalled at this stage if required for cross or the remaining witnesses for prosecution will be taken
under s.246(6). In such cases, if the accused wants time to cross the, reasonable time should be
given to him 32. And the recording of evidences will take place according to ss.275,277 to 280.

Steps to follow prosecution evidence: As mentioned earlier, recording of prosecution evidence

will be followed by oral arguments under s.314 and examination of accused under s.313 (b).

C) Evidence for the defence:

Now, the accused shall be called upon to enter his defence under s.247, to produce his evidence.
Taking evidence for defence follows the same procedure as mentioned under cases instituted by
police report in analogous with s.243.

In addition to this, before pronouncing the judgments, some special circumstances, which would
arise at any point in the trial, should be considered by the Magistrates such as the questions of
jurisdiction (s.322,323) and competency to pass severe sentences (s.325), the Magistrate shall
commit the case to the competent authorities say, the Chief Judicial Magistrate or the Sessions
Court.

32
Supra note 27.
CONCLUSION OF TRIAL :

The trial is concluded in the same manner for both the cases on police report and private
complaint which is dealt under ss.248 to 250 under CrPC.

Acquittal or conviction:

After closing the examination of prosecution and defence witness and hearing the arguments, the
Magistrate shall give the judgment, where if the Magistrate finds the accused not guilty, then an
order of acquittal should be passed under s.248(1). If the accused is found guilty, then he shall be
heard on the question of sentence and then the sentence is passed in accordance with the law
under s.248(2). Such hearing is based on the consideration of good conduct under s.360 or the
Magistrate thinks he should not be severly punished under s.325.

An enhanced punishment can be given to the accused if he has been previously convicted, of
which he refuses under s.248(3). The Magistrate shall record his finding about the previous
conviction, however no such charge shall be read out by Magistrate or referred by prosecution
unless and until the accused is convicted under the above clause. And when the complainant is
absent on the date of hearing with the offence can be possibly compoundable or non-cognizable,
the Magistrate on his discretion an discharge the accused before framing the charges under s.249.
The provisions are contained in ss. 353 -365 regarding the content and language of judgment.

Compensation for groundless accusation:

If the Magistrate thinks that there was no reasonable ground for making such accusation against
the accused, while discharging or acquitting the accused, he shall call the complainant to show
cause why he should not pay compensation to the accused under s.250(1). The Magistrate
accordingly can fix the compensation and record the reasons. It shall not exceed the amount of
fine which the Magistrate is empowered to impose (s.250(2)). Simple imprisonment of not
exceeding 30 days can be ordered in case of default of payment under 250(3) which can be
terminated under ss.68 and 69 of Penal Code, 1860 on payment of the full or partial amount of
fine ordered (s.250(4)) and an option of appeal is also provided (s.250(6)).

This provision applies both to summons and warrant cases. Such compensations are upheld and
encouraged as held by the Supreme Court in Nandkumar Krishnarao Navgire v. Jananath
 33
Laxman Kushalkar , where compensation was ordered by the Magistrate for false accusation
and the same was upheld by the higher courts.

Difference between the trial procedures in cases instituted on police report and otherwise
than on police report and their validity:

The difference between the procedures is found in the initial stages itself. A preliminary hearing
is conducted, giving an opportunity for the prosecution to provide clear details of the case in
cases not instituted on police report, where the absence of an investigation report by the police
demands it. In warrant cases instituted otherwise than on a police report, the accused is given
opportunity to cross the prosecution witness three times, namely,

Before the charges are framed

After the charges are framed and the accused is asked to enter into defence

In the course of trial subject to restrictions

However, the accused is also given an option of recalling the witness at the commencement of
next hearing under Part II, where the Magistrate has the duty to call the witnesses mentioned by
him. This is to ensure that the trial procedure do not lag behind at any point of time, when
compared to the cases instituted on the police report. The other process of framing the charges,
discharging the accused and examination of prosecution and defence witnesses are same in both
the procedures including the conclusion of trial. However, the Magistrate in the course of trial,
shuld ensure his jurisdiction and competency at all stages.

34
As ruled out in the Supreme Court in the case of Budhan Choudary v.State of Bihar , for any
classification under law to be permissible under Art.14 of the Constitution, there are two criterias
to be fulfilled,

• Intellegible differentia of distinguishing a group of persons or things leaving out others in

the group and

33
1998 SCC (Cri) 637.
34
AIR 1955 SC 191
 • The differentia is to be found on the rational relation sought to be achieved by the object
of the statute.

These two criteria are fulfilled in classification prescribed under the trial of warrant cases as held
35
in Ghisia v. State . In this case, it was held that the classification is sought on the question
whether or not there has been a previous investigation by a public servant whose duty is to detect
a crime and bring offenders to book, thus fulfilling the first criterion. The same was also affirmed
36
in the case of Mahabir v. State . The whole object of the classification is aimed at quick and
expeditious disposal of cases ensuring the right to speedy trial under the Constitution.
Comparatively, simplified procedure is adopted for cases instituted on a police report, without
prejudicing the accused than the latter part. This intention of the Legislature establishes a nexus
between the classification and object sought to be achieved by the statute, thus fulfilling the
second criterion also.

Thus, this classification under chapter XIX of CrPC is constitutionally valid.

Difference between case on police report and case otherwise than on police report

CASE ON POLICE REPORT CASE OTHERWISE THAN ON POLICE

REPORT
There is always more evidence on record as The case is brought directly before the
more investigation is already done by the magistrate. There is more responsibility on him
police and thus, requires less application of and a prima facie case must be established and
mind by the magistrate. thus requires greater application of mind by the
magistrate.

35
AIR 1959 Raj 266
36
AIR 1958 Orissa 11
CONCLUSION:

‘Delayed justice is denied justice’

Going by this proverb, a judgment out of a prolonged trial, is nothing but a form of injustice.
This paper has briefly shown the procedures adopted for trial of warrant cases under CrPC. The
classification of trials as warrants and summons cases, is aimed at achieving the ends of justice
through speedy means and it is successfully serving its purpose. The trial procedures under
warrant cases are quite complicated, but are absolutely necessary for the nature of the case. Yet
the sub categorization under warrants case, provides for a quicker means especially for cases on
police report. Hence, it proves to be beneficial for people seeking justice before the forum, and
no amendment is required that would alter the procedure.
BIBLIOGRAPHY

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