CRIMINAL INVESTIGATION AND STAGES

Criminal Investigation and stages

There are four stages of the criminal investigation. The pre-investigation, Investigation, Inquiry or framing of issues, trial, and acquittal or conviction are the stages of criminal litigations. The first stage starts with the complaint or registration of the FIR. After the registration of the FIR, the police are duty-bound to search criminals and find the truth. It is the primary duty of the police to investigate crimes from the place of commission of offenses. The police are directly dealing with the state along with the prosecution needs to collect strong evidence to punish the criminals. There are two types of criminal cases i.e complaint cases and Challan cases. The complaint is filed by the complainant and on the other hand in challan cases, the police file the case when the lodging of FIR and bring it into the court of the magistrate. The prosecution depends upon police reports i.e Challan and First Information Report (FIR). If other evidence is available to present in court i.e. Call Detail Record (CDR) or forensic report if any. The prosecution is relying upon these types of evidence. Normally in the initial stages, the police desire to demand physical remand by the accused to find truth and reliable evidence. In all cases court of magistrate grant 03 days' time for physical remand to police to thoroughly investigate the accused and after they will submit a report.

After three days, the court of the magistrate will give the opportunity to counsels to argue their case on its original strength. The court cannot easily grant further extension of physical remand to the police. Normally, it is observed the opposite counsel file application for bail, which is mostly granted in favor of the accused. In the investigation stage, the police are bound to find the truth against the accused. It depends upon the facts and circumstances of each case to elaborate their story of offense. The prosecution needs to be proof behind the shadow of doubts. It is essential to prove his case through reliable evidence. For example, normally the prosecution relies upon FIR, Medico-Legal Report (MRL), and PWs statements. Conversely, the accused is essential to record his statement under section 342 CR.PC. The accused can also take oath under section 340.Cr.PC. When some evidence was doubtful on any occasion then the accused will avail the benefit of section 382-B CR.PC.

After the challan, the magistrate has ample power to frame of charge. A copy of the charge sheet has been given to the accused along with relevant documents. The magistrate has ample power to conduct a cross-examination of the accused. The adverse counsel is the right to cross-examine the accused. Normally the adverse counsel has put questions, which is relevant to the offense the accused is bound to give rational answers and prove his innocence. In case any discrepancies finds in the prosecution case by the appellant counsel then the defense of the appellant is according to the doubtful pieces of evidence and ultimately the prosecution loses the case. The courts always give benefits to the accused under section 382 Cr.PC if finds any lacuna in the prosecution case. The sole object of this procedure is to save the life of innocent people. Nevertheless, it is a very complicated procedure to find the truth and convicts any person beyond the shadow of doubt.

Hence, the completion of the trial and arguments the courts give comprehensive orders/judgments. After the trial procedure court of magistrates pronounces concurrent judgment and findings whether the accused, will be acquittal or conviction.