Applications In Criminal Trial

Orders passed by Criminal Courts

    The Criminal proceedings are ordinarily set into motion by –

  1. Registering Complaint before Police authorities u/s 154 of CrPC, 1973;
  2. Filing Private Criminal Complaint u/s 200 of CrPC, 1973 before competent Magistrates Court;
  3. Filing Application u/s 156(3) of CrPC, 1973, before competent Magistrates Court, for investigation of the crime and filing Chargesheet, if necessary.
    1. The FIR so registered u/s 154 may be quashed by filing a Petition / Application u/s 482 before the concerned High Court, on the ground that (a) “acts” and “omission” attributed towards the accused person in the FIR does not constitute any offence; or (b) No incidence of offence as alleged in the FIR has happened; or (c) the FIR contains “bare allegation” without attributing “acts or omission” on the part of the accused person, towards the commission of the offences; (d) There are unimpeachable evidence to show that the offence could not have been committed by the accused person as alleged; (e) The complainant intends to withdraw his / her complaint against the persons accused, and the High Court may allow such withdrawal.
    2. Where a Private Criminal Complaint u/s 200 of CrPC, 1973 is filed before competent Magistrates Court, the Magistrate may either reject the Complaint u/s 203 or may issue Summons / Warrant to the Accused named therein in the Complaint u/s 204 of CrPC, 1973.
    3. Any party aggrieved by the Order of the Magistrate, whether u/s 203 or 204, may prefer Criminal Revision Application u/s 397 of CrPC, 1973, before the concerned Sessions Court.
    4. Any party further aggrieved by the Order passed by Sessions Court, may prefer an Application u/s 482 of CrPC, 1973, before the concerned High Court.
    5. Any party further aggrieved by the Order passed in Application u/s 482, may then invoke the SLP jurisdiction of the Apex Court.
    6. Where an Application u/s 156(3) of CrPC, 1973 is filed before competent Magistrates Court, the Magistrate may either reject the said Application or may allow the said Application.
    7. Any party aggrieved by the Order of the Magistrate, may prefer Criminal Revision Application u/s 397 of CrPC, 1973, before the concerned Sessions Court.
    8. Any party further aggrieved by the Order passed by Sessions Court, may prefer an Application u/s 482 of CrPC, 1973, before the concerned High Court.
    9. Any party further aggrieved by the Order passed in Application u/s 482, may then invoke the SLP jurisdiction of the Apex Court.
    10. During the course of trial, any of the parties may move Application u/s 311 of CrPC, 1973, for adducing additional evidence. The trial Court may allow or may not allow the said Application. Any party aggrieved by the Order passed in such Application, may prefer Revision Application u/s 397 before Sessions Court; or Application u/s 482 of CrPC, 1973.
    11. In every Criminal Complaint / Criminal Application / Criminal Petition, the non-compliance to provisions of section 297 of CrPC, 1973, in respect of necessary averments in the Verification Clause, may render the said Criminal Complaint / Criminal Application / Criminal Petition as “DEFECTIVE” and said Criminal Complaint / Criminal Application / Criminal Petition shall be liable to be dismissed. A Miscellaneous Application may be made before the concerned Court in this regard for the dismissal of the said Criminal Complaint / Criminal Application / Criminal Petition.
    12. If the trial results in acquittal of the Accused, if the Orders is passed by the Magistrates Court, the Complainant may prefer an Appeal u/s 378 of CrPC, before concerned High Court.
    13. If the trial results in conviction of the Accused, if the Order is passed by the Magistrates Court, the convict may prefer an Appeal u/s 374 or Revision u/s 397 of CrPC, before the concerned Sessions Court. If the Sessions Court uphold the Order of Conviction, the Convict may prefer a Revision u/s 401 of CrPC, 1973 before High Court.

Applications during the course of trial by Complainant

Applications during the course of trial by Accused

Applications challenging Orders of trial Court, Please Refer Legal Proceedings herein