Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: When a person commits any offence against another person, then the person against whom the offence is committed lodges F.I.R. against that person in nearest police station and the case is sent to local court for trial and prosecution.
FACTUAL SITUATION: X, Y and Z collectively attacked A and B on some land dispute and A and B became severely injured and grievously hurt. They loaded F.I.R. against all X, Y and Z. After investigation and Medical Report of injury, the police prepared and sent a chargesheet to local court against X and Z only and removed the name of Y due to political pressure. Being aggrieved by such action of police, A and B filed a complaint case against X, Y and Z directly in the said court. The case was tried and after recording evidence the court found all X, Y and Z guilty in open court. Y, had engaged a separate lawyer for his defence and such lawyer defended Y in the Court that Y is not an accused in such instant case as his name was not chargesheet filed by police.
DECIDE.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: When a person commits any offence against another person, then the person against whom the offence is committed lodges F.I.R. against that person in nearest police station and the case is sent to local court for trial and prosecution.
FACTUAL SITUATION: X, Y and Z collectively attacked A and B on some land dispute and A and B became severely injured and grievously hurt. They loaded F.I.R. against all X, Y and Z. After investigation and Medical Report of injury, the police prepared and sent a chargesheet to local court against X and Z only and removed the name of Y due to political pressure. Being aggrieved by such action of police, A and B filed a complaint case against X, Y and Z directly in the said court. The case was tried and after recording evidence the court found all X, Y and Z guilty in open court. Y, had engaged a separate lawyer for his defence and such lawyer defended Y in the Court that Y is not an accused in such instant case as his name was not chargesheet filed by police.
DECIDE.
The correct option is C Lawer of Y shall not succeed because according to Criminal Procedure Code, the court has been empowered to receive a complaint case and try to all accused persons named in such complain case.
A court is conferred with the inherent powers under Section 482 of the CrPC to receive and a magistrate has the power under Section 156(3) of CrPC to order an investigation. Therefore, Lawyer of Y will not succeed.
A court is conferred with the inherent powers under Section 482 of the CrPC to receive and a magistrate has the power under Section 156(3) of CrPC to order an investigation.
