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DISPOSAL OF CRIMINAL CASES WITHOUT FULL TRIAL

by
Sri Praveer Bhanj Deo,
IV Addl. Junior Civil Judge,
Kadapa

It is duty of court of law to conduct full fledge trial of an accused

produced before it to ascertain whether the accused is innocent or offender.
However depending upon nature of the alleged offence in the interest of
justice and also depending on the circumstance prevailing in the criminal case
to give a chance to the accused for reformation (or) to avoid abuse of law (or)
to save time (or) to avoid a protracted litigation, court may acquit or discharge
the Accused in accordance with the law. Following are the provisions that deal
with disposal of case without trial.

1. When Criminal proceedings barred by limitation of time:

If the accused raises the preliminary plea that the criminal proceedings
against him are barred by the limitation of time as prescribed under law then
the proceedings must be stopped if the cognizance was taken after the lapse
of limitation period as contemplated under section 468 of Cr.P.C.
Section 468: Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no Court, shall
take cognizance of an offence of the category specified in sub-section
(2), after the expiry of the period of limitation.
(2) The period of limitation shall be—
(a)six months, if the offence is punishable with fine only;
(b)one year, if the offence is punishable with imprisonment for a
term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for a
term exceeding one year but not exceeding three years.
(d)For the purposes of this section, the period of limitation, in
relation to offences which may be tried together, shall be
determined with reference to the offence which is punishable with
the more severe punishment or, as the case may be, the most
severe punishment.

2. Autrefois acquit and autrefois convict:

If the accused raises a plea that he was earlier tried for the same
offence and was convicted or acquitted of the same and that according to the
principle of autrefois convict or autrefois acquit he cannot be tried again. If the
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principles laid down under Section 300 of Cr.P.C are satisfied then the
proceedings are barred. The above said principle has been recognized as a
fundamental right in the Constitution.

300. Person once convicted or acquitted not to be tried for same offence.
(1) A person who has once been tried by a Court of competent jurisdiction for
an offence and convicted or acquitted of such offence shall, while such
conviction or acquittal remains in force, not be liable to be tried again for
the same offence, nor on the same facts for any other offence for which a
different charge from the one made against him might have been made
under sub-section (1) of section 221, or for which he might have been
convicted under sub-section (2) thereof.
(2) A person acquitted or convicted of any offence may be afterwards tried,
with the consent of the State Government for any distinct offence for which
a separate charge might have been made against him at the former trial
under sub-section (1) of section 220.
(3) A person convicted of any offence constituted by any act causing
consequences which, together with such act, constituted a different offence
from that of which he was convicted, may be afterwards tried for such last-
mentioned offence, if the consequences had not happened or were not
known to the Court to have happened, at the time when he was convicted.
(4) A person acquitted or convicted of any offence constituted by any acts may,
notwithstanding such acquittal or conviction be subsequently charged with,
and tried for, any other offence constituted by the same acts which he may
have committed if the Court by which he was first tried was not competent
to try the offence with which he is subsequently charged.
(5) A person discharged under section 258 shall not be tried again for the
same offence except with the consent of the Court by which he was
discharged or of any other Court to which the first-mentioned Court is
subordinate.
(6) Nothing in this section shall affect the provisions of section 26 of the
General Clauses Act, 1897 (10 of 1897) or of section 188 of this Code.
Explanation—The dismissal of a complaint, or the discharge of the accused, is
not an acquittal for the purposes of this section.

3. Rejection of complaint filed for offence under Section 138 of

Negotiable Instruments Act:
Hon’ble Supreme Court in Alavi Haji Vs. Palapetti Muhammed reported
in AIR 2007 SC 1705, it was held that drawer/accused who claims that he did
not receive the notice sent by post, can, within 15 days of receipt of summons
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from the court in respect of the complaint under Section 138 of the Negotiable
Instruments Act, make payment of the cheque amount ans submit to the court
that he had made payment within 15 days of receipt of summons, in such the
complaint is liable to be rejected.

4. Discharge of Accused:
When the magistrate considers the charge against the Accused is
groundless, after recording reasons the accused can be discharged under
Section 239 of Criminal Procedure Code.
239. When accused shall be discharged -
If, upon considering the police report and the documents sent with it under
section 173 and making such examination, if any, of the accused as the
Magistrate thinks necessary and after giving the prosecution and the accused
an opportunity of being heard, the Magistrate considers the charge against the
accused to be groundless, he shall discharge the accused, and record his
reasons for so doing.

5. Conditional pardon to an accomplice:

The criminal proceedings against an accused person come to an end if
he is given pardon in accordance with the provisions of Sections 306 and 307.
306. Tender of pardon to accomplice.
(1) With a view to obtaining the evidence of any person supposed to have been
directly or indirectly concerned in or privy to an offence to which this
section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at
any stage of the investigation or inquiry into, or the trial of, the offence,
and the Magistrate of the first class inquiring into or trying the offence, at
any, stage of the inquiry or trial, may tender a pardon to such person on
condition of his making a full and true disclosure of the whole of the
circumstances within his knowledge relative to the offence and to every
other person concerned, whether as principal or abettor, in the commission
thereof.
(2) This section applies to—
(a) any offence triable exclusively by the Court of Session or by the Court of
a Special Judge appointed under the Criminal Law Amendment Act,
1952 (46 of 1952).
(b) any offence punishable with imprisonment which may extend to seven
years or with a more severe sentence.
(3) Every Magistrate who tenders a pardon under sub-section (1) shall
record—
(a) his reasons for so doing;
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(b) whether the tender was or was not accepted by the person to whom it
was made, and shall, on application made by the accused, furnish him
with a copy of such record free of cost.
(4) Every person accepting a tender of pardon made under sub-section (1)—
(a) shall be examined as a witness in the Court of the Magistrate taking
cognizance of the offence and in the subsequent trial, if any;
(b) shall, unless he is already on bail, be detained in custody until the
termination of the trial.
(5) Where a person has accepted a tender of pardon made under sub-section
(1) and has been examined under sub-section (4), the Magistrate taking
cognizance of the offence shall, without making any further inquiry in
case.—
(a) commit it for trial—
(i) to the Court of Session if the offence is triable exclusively by that
Court or if the Magistrate taking cognizance is the Chief Judicial
Magistrate;
(ii) to a Court of Special Judge appointed under the Criminal Law
Amendment Act 1952 (46 of 1952), if the offence is triable
exclusively by that Court;
(b) in any other case, make over the case to the Chief Judicial Magistrate
who shall try the case himself.

307. Power to direct tender of pardon.

At any time after commitment of a case but before judgment is passed, the
Court to which the commitment is made may, with a view to obtaining at the
trial the evidence of any person supposed to have been directly or indirectly
concerned in, or privy to, any such offence, tender a pardon on the same
condition to such person.

6. Absence or non-appearance of complainant:

In a warrant case which is instituted upon a complaint, and on any day
fixed for hearing of the case, if the complainant is absent and the offence may
be lawfully compounded or is not a cognizable offence, the magistrate may in
his discretion at any time before the charge has been framed, can discharge
the accused. (Sec.249)
In a summons case which is instituted upon a complaint, if the
complainant does not appear on any day fixed for hearing of the case or any
subsequent day, then the magistrate has wide discretion either to acquit the
accused or adjourn the hearing of the case or may dispense with the
attendance of the complainant and proceed with the case.
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249. Absence of complainant -

When the proceedings have been instituted upon complaint, and on any day
fixed for the hearing of the case, the complainant is absent, and the offence
may be lawfully compounded or is not a cognizable offence, the Magistrate
may, in his discretion, notwithstanding anything hereinbefore contained, at
any time before the charge has been framed, discharge the accused.

7. Withdrawal by prosecution:
The Public Prosecutor or Assistant Public Prosecutor in charge of a case
may, with the consent of the Court, at any time before the judgment is
pronounced, withdraw from the prosecution of any person either generally or
in respect of any one or more of the offences for which the accused is tried.
Such offence must be in the nature as provided under Section.321 of the code.

Section 321: Withdrawl from prosecution

The Public Prosecutor or Assistant Public Prosecutor in charge of a case may,
with the consent of the Court at any time before the judgment is pronounced,
withdraw from the prosecution of any person either generally or in respect of
any one or more of the offences for which he is tried; and upon such
withdrawal,—
(a) If it is made before a charge has been framed, the accused shall be
discharged in respect of such offence or offences;
(b) if it is made after a charge has been framed, or when under this Code
no charge is required he shall be acquitted in respect of such offence or
offences:
Provided that where such offence—
(i) was against any law relating to a matter to which the executive power
of the Union extends, or
(ii) was investigated by the Delhi Special Police Establishment under the
Delhi Special Police Establishment Act, 1946 (25 of 1946), or
(iii) involved the misappropriation or destruction of, or damage to, any
property belonging to the Central Government, or
(iv) was committed by a person in the service of the Central Government
while acting or purporting to act in the discharge of his official duty,
and the prosecutor in charge of the case has not been appointed by
the Central Government he shall not, unless he has been permitted by
the Central Government to do so, move the Court for its consent to
withdraw from the prosecution and the Court shall, before according
consent, direct the Prosecutor to produce before it the permission
granted by the Central Government to withdraw from the prosecution.
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8. Withdrawal by complainant:
In a trial of a summons case initiated on a private complaint, if the
complainant at any time before a final order is passed satisfies the magistrate
that there are sufficient grounds for permitting him to withdraw his complaint
against the accused, then the magistrate may permit him to withdraw the
same, and shall thereupon acquit the accused. (Sec.257 Cr.P.C)).
In a trial of a warrant case initiated on a private complaint, the
complainant has no power to withdraw the complaint. The only provision which
may have some relevance in this connection is Section 224 of the code.

257. Withdrawal of complaint -

If a complainant, at any time before a final order is passed in any case under
this Chapter, satisfies the Magistrate that there are sufficient grounds for
permitting him to withdraw his complaint against the accused, or if there be
more than one accused, against all or any of them, the Magistrate may permit
him to withdraw the same, and shall thereupon acquit the accused against
whom the complaint is so withdrawn.

9. Compounding of offences:
Where the offences are essentially of a private nature and relatively not
quite serious, the Code considers it expedient to recognize some of them as
compoundable offences and some others as compoundable only with the
permission of the court. Section 320 of the code deals with compoundability of
offence.

10. Power of court to stop proceedings in certain cases:

In any summons case instituted otherwise than upon complaint, a
magistrate of the first class, or any other judicial magistrate with the previous
sanction of the Chief Judicial Magistrate, may stop the proceedings at any
stage without pronouncing any judgment. While stopping the proceedings the
magistrate shall record reasons for doing so. (Sec.258)

258. Power to stop proceedings in certain cases -

In any summons-case instituted otherwise than upon complaint, a Magistrate
of the first class or, with the previous sanction of the Chief Judicial Magistrate,
any other Judicial Magistrate, may, for reasons to be recorded by him, stop the
proceedings at any stage without pronouncing any judgment and where such
stoppage of proceedings is made after the evidence of the principal witnesses
has been recorded, pronounce a judgment of acquittal, and in any other case
release, the accused, and such release shall have the effect of discharge.
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11. Abatement of proceedings on the death of the accused:

The ultimate object of the criminal proceedings is to punish the accused
on his conviction of any offence. Therefore, the criminal proceedings abate on
the death of the accused, as their continuance thereafter will be infructuous
and meaningless. This position being self evident the Code has not made any
specific provision in this regard.

Conclusion:
Above discussed are some of the provisions that are generally followed
to dispose a case without trial to meet the ends of justice depending upon the
circumstance prevailing in the case. Disposal of a case without trial not only
saves time but also in certain cases helps in restoring harmony that cannot be
achieved by conducting a full fledge trial.

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