Applicability of Cr.P.C. Sections 220(1), 223(d) & 184

[Singh Rajender]

Q1. What is the responsibility of Magistrates with regard to Cr.P.C. Sections 156(3) and Cr.P.C. Section 159?

Q2. What is the use of police sending an FIR in / within 24 hours U/s Cr.P.C.154 & 157, if the concerned magistrate does not rectify the same U/s Cr.P.C.156(3) or 159?

Q3. U/s Cr.P.C. 156(1) and Chapter XIII [ Cr.P.C. Sections 177 – 189], both the inquiries and trials of criminal cases come under the jurisdiction of local magistrate. Is not it their responsibility to check every FIR in the light of power entrusted to a magistrate U/s Cr.P.C. 156(3) or 159?

[Singh Rajender]

Q1. Is not it the responsibility of every police station to inform the court U/s Cr.P.C.173(8) the further development between the same baring parties, in which a charge sheet is already filed U/s Cr.P.C. 173(1)? Suppose, the police failed to fulfill the duty U/s Cr.P.C. 173(8) and willfully make separate FIR for every successive crimes against the same baring parties, what is the next remedy? Won’t such series of crimes come U/s Cr.P.C.220(1), 223(d) or 184?

[Singh Rajender]

Q1. Is there any link between Cr.P.C. Section 173(2) and Cr.P.C. Section 210(2)? If it is so,what does it imply? If they have no such implication, why these two provisions are made for the victims / complainants?

[Singh Rajender]

Q1. What are the steps a magistrate court required to fulfill before giving judgement against a case resulted from Charge Sheet U/s Cr.P.C. 173(1)?

[Dr. Ashok Dhamija]

(1) Section 220(1) of Cr.P.C. lays down that if, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.

So, the essential condition is that the series of acts should be connected to form the same transaction which has resulted into more than one offences, then they can be tried together. Therefore, the mere fact that 3 FIRs are filed by A against B during a particular period may not be sufficient; what is required also is that these should have been as one series of acts connected together to form the same transaction. If this condition is satisfied, then these offences can be tried together under Section 220(1) of Cr.P.C.

Section 223(d) of Cr.P.C. provides that persons accused of different offences committed in the course of the same transaction may be charged and tried together.

In your question (1), you have mentioned that A has filed 3 FIRs against B. So, there is only one accused person. There are no “different” persons (or more than one persons) accused here. So, how will Section 223(d) come into play when there is only one accused?

(2) Same reasoning applies to your second question.

(3) For your question (3), the answer is that the first set of 3 cases can be subjected to the provisions of Section 184 Cr.P.C. Likewise, the second set of 2 cases can also be subjected to the provisions of Section 184. However, both the sets of cases together cannot be subjected to the provisions of Section 184, since its ingredients are not satisfied in such situation.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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