125 Crpc Petition Format Pdf In Hindi

[Boleslao Drinker]

Beginningwith the essential differences between the sections 154 and 156(3) of Code of Criminal Procedure, 1973, this article culminates with the chronology of remedies to be exhausted for registration of FIR through Court.

Section 154 (1) Cr.P.C elucidates that any information relating to the commission of a cognizable offence if given orally to an officer in charge of a police station, shall be reduced to writing by himself or under his direction, and all such information, whether in writing or reduced to writing as aforesaid, shall be signed by the person who furnishes it.

Section 154 (3) Cr.P.C explicates that a complaint shall be given in writing or by post to the Superintendent of Police if any person is aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection.

The Superintendent of Police, upon receipt of such complaint if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code.

The above-mentioned sections highlight the chronology/series of remedies available to a person. Firstly, filing a complaint before the police official and secondly, in the event of failure of the registration of the complaint by the official, one shall approach the SSP/SP for the said purpose. However, if the complaint is not registered even after that, then the next remedy is to seek help from the Judicial Magistrate.

Thus, in cases where the Magistrate finds that the police has not done its job or is not satisfied with the investigation of the case, he can direct the police to supervise the investigation and monitor it.

The High Court should not encourage this practice and should generally refuse to intervene in such matters and relegate the petitioner to his alternating remedy under Section 154(3) and Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36, his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C.

These rules are adopted by the Supreme Court of New Hampshire pursuant to the authority established in Part II, Article 73-A of the New Hampshire Constitution. They take effect on January 1, 2024 and apply to all criminal actions filed on or after that date. In exceptional circumstances, when the court finds that the application of these rules to cases pending as of the effective date would not be feasible or would work an injustice, the court may exempt such cases from the application of these rules or from a particular rule.

(b) Interpretation. These rules shall be construed to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

(a) Complaint. The complaint is a signed written statement of the essential facts constituting the offense charged. A circuit court-district division complaint charging a class A misdemeanor or felony shall be signed under oath, provided that a complaint filed by a police officer, as defined in RSA 106-L:2, I, for a violation-level offense or a class B misdemeanor shall not require an oath. Unless otherwise prohibited by law, the court may permit a complaint to be amended if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.

(b) Issuance of Arrest Warrant. If it appears from a sworn application for an arrest warrant that there is probable cause to believe that an offense has been committed, and that the defendant committed the offense, an arrest warrant for the defendant may be issued.

(c) Arrest. When a person is arrested with a warrant, the complaint, and the return form documenting the arrest shall be filed with the circuit court in compliance with these rules. If a person is arrested without a warrant, the complaint shall be filed in compliance with these rules and, if the person is detained in lieu of bail, an affidavit, or statement signed under oath, if filed electronically, that complies with Gerstein v. Pugh, 420 U.S. 103 (1975) must be filed.

(d) Summons. When the complaint charges a felony, a summons may not be issued. In any case in which a peace officer has probable cause to believe that a person has committed a misdemeanor or violation, the officer may issue to the person in hand a written summons in lieu of arrest, except when issuance of a summons is prohibited by law. In any other misdemeanor or violation case in which an arrest warrant would be lawful, the person authorized by law to issue an arrest warrant may issue a summons if the person deems an arrest unnecessary. A summons shall be in the form required by statute. See RSA 594:14. If a defendant, after receiving notice of the hearing date, fails to appear as required by the summons, a warrant may be issued. A person who fails to appear in response to a summons may be charged with a misdemeanor as provided by statute. Upon issuance of a summons, the complaint and summons shall be filed with a court of competent jurisdiction without unreasonable delay but no later than 14 days prior to the date of arraignment.

(1) If the defendant is not detained prior to arraignment, the complaint shall be filed no later than fourteen (14) days prior to the date of arraignment. If a statute or an administrative order requires specific scheduling timeframes for the arraignment, the complaint shall be filed as soon as possible prior to the arraignment.

(F) That the defendant has been advised and understands his or her right to retain counsel and the right to have an attorney appointed by the court pursuant to Rule 5 if the defendant is unable to afford an attorney; and

(2) A defendant charged with a class B misdemeanor or violation for which an appearance is mandated may waive arraignment if the defendant files with the court prior to the date of arraignment a written waiver signed by the defendant.

(d) In cases where the defendant is not detained, arraignment may be continued without the personal appearance of the defendant or the entry of an appearance by counsel upon timely motion made in writing if the court is satisfied with the terms of bail. However, absent an appearance by counsel on behalf of the defendant, no case in which a defendant is charged with a class A misdemeanor or felony shall be continued for arraignment to a date less than thirty (30) days before trial.

(e) Gerstein Determination. If the defendant was arrested without a warrant and is held in custody, or if the defendant was arrested pursuant to a warrant that was not issued by a judge and is held in custody, the court shall require the State to demonstrate probable cause for arrest. This determination may be made at the circuit court-district division arraignment, but in any event, must be made within forty-eight hours of the defendant's arrest, excluding weekends and holidays.

(3) The court shall make a written finding on the issue of probable cause. The finding and the affidavit shall become part of the public record, shall be available to the defendant and must be filed with the appropriate court on the next business day.

(1) Any misdemeanor complaint filed with the court without specification of the classification shall be presumed to be a class B misdemeanor unless specified by law or unless the State files a notice of intent to seek class A misdemeanor penalties form before or at the time of arraignment.

(2) The court shall inform the defendant of the nature of the charges, the possible penalties, the privilege against self-incrimination, and the right to retain counsel. In felony and class A misdemeanor cases, the court shall inform the defendant of the right to have an attorney appointed by the court pursuant to Rule 5 if the defendant is unable to afford an attorney.

(B) For cases without a felony charge(s) the shall be asked to enter a plea of guilty, not guilty, or, with the consent of the court, nolo contendere. If a defendant refuses to plead or if a court refuses to accept a plea of guilty or nolo contendere, the court shall enter a plea of not guilty. Upon entry of a plea of not guilty, the case shall be scheduled for trial.

(a) In any case where a person is arrested for a class A misdemeanor and/or felony and appears before a bail commissioner, prior to the defendant's release or detention, the bail commissioner shall provide the defendant with oral and written notice that, if the defendant is unable to afford counsel, counsel will be appointed prior to that arraignment, if requested, subject to the State's right of reimbursement for expenses related thereto.

In any case where a person arrested for a class A misdemeanor is released with a written summons, the summons shall provide the defendant with written notice that, if the defendant is unable to afford counsel, counsel will be appointed prior to the arraignment, if requested, subject to the State's right of reimbursement for expenses related thereto. The summons shall also provide the person with written notice of the process for obtaining court-appointed counsel.

Nothing herein shall prevent a defendant charged with a class A misdemeanor or felony and who is unable to afford counsel from requesting counsel at any time after arrest by completing a request for a lawyer form and submitting it to the court having jurisdiction over the matter. The court shall act on the request for counsel within 24 hours, excluding weekends and holidays, from the date the request is submitted but not later than the filing of the complaint. If the defendant is financially eligible, the court shall inform counsel immediately of the appointment (1) by telephone, facsimile or electronically if the defendant is detained or (2) by telephone, electronically or by first-class mail if the defendant is not detained.

3a8082e126