HOW LITIGATION BEGIN: THE BASICS
HOW LITIGATION BEGIN: THE BASICS Shubham Budhiraja [1] Criminal law machinery start into motion by filling an FIR or complaint to Magistrate u/s 156(3) thereafter Investigation which followed by submission of final report u/s 173 subject to subsequent filling of report which can be filled till trial starts. The court take cognizance on basis of final report and issue process and thereafter prosecution make deposition of its witness u/s 164 and the court at this stage on basis of material on record frame charges. There is argument on charge order where accused file their written arguments against discharge. The moment there is charge order only then the trial starts. Thereafter there is summoning to the defense and there is cross examination of PW and accused statements u/s 313 CRPC. Summoning made according to 82 and 83 CRPC and lastly followed by Judgment of trial court. The Judgment of trial court is essence of law applied to the facts on