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CRPC I Batch 2019-24 - 45 Marks - I

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13 views2 pages

CRPC I Batch 2019-24 - 45 Marks - I

Uploaded by

Rajeev Giri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)

(Established under section 3 of the UGC Act 1956)


Re-Accredited by NACC with ‘A’ Grade
______________________________________________________________________________
Institute Name: (0102) SYMBIOSIS LAW SCHOOL, NOIDA
Programme: (010223 & 010224) BA LLB & BBA LLB
Batch: (2019-24)
Semester: V
Course: Law of Crimes Paper III : Criminal Procedure Code I
Course Code: 0102230503, 0102240504

Date: 30/11/2021 Maximum Marks: 45


Day: Tuesday Time: 10:00 – 11:30
__________________________________________________________________________________________
Instructions:
1) All Questions are Compulsory.
2) Type the answers in a word file.
3) The answer must be original. If it is found that the answer is copied from any source then
necessary action will be taken as per examination rules.

Q.1. Mr. A, the accused of a cognizable offence got the anticipatory bail in his favor. However, soon
the police submitted the charge sheet against Mr. A and was going to arrest Mr. A. Here could
Mr. A state whether the anticipatory bail subsists during the entire duration of trial - if an order
granting anticipatory bail has been passed?- Critically explain this in the context of Sushila
Aggarwal v. State of NCT of Delhi 2020 SCC Online SC 98? (10 Marks)

OR

Q.1. Mr. M, an informant went to SHO at the police station and informed about a cognizable offence
committed by Mr. Y. However, the SHO being very busy, citing his tight schedule, refrained from
filing FIR and was hesitant to commence investigation. Explain the remedies available to Mr. M
considering the opinion rendered by the Supreme Court in Lalita Kumari v. Govt. of U.P., (2014)
2 SCC 1? (10 Marks)

Q.2. Mr. A had filed a private complaint under Section 200 of the Cr.P.C, 1973 against Mr. R for the
offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The Magistrate,
by order took cognizance of the offence and the complaint was registered. Further, upon recording
the evidence of the appellant and perusing through the documents produced along with the
complaint, was satisfied that a prima facie case has been made out for the offence punishable
under Section 138 of the Negotiable Instruments Act, 1881. The Magistrate issued summons to
the respondents. After service of summons, Mr. R had filed an application under Sections 202 and
203 of the Cr.P.C,1973 questioning the maintainability of the complaint due to lack of territorial
jurisdiction of the Court. The Magistrate, after hearing the parties, has allowed the said
application and proceeded to recall his previous order issuing summons to the respondents and
returned the complaint to Mr. A with a direction to present the complaint before the competent
Court by another order. Whether the Magistrate‘s subsequent order of recalling his previous order
is valid in nature? If yes/no- justify. (10 Marks)

OR
Q.2. Mr. Champalal was arrested but released on bail in connection with offences as per charge sheet
under Sections 395, 397, 126, 120-B and 332 read with Section 109 of I.P.C, 1860. However, a
week later Mr. Champalal tried to lure the prosecution witness by offering huge sum of money to
change the testimony in his favour. This was reported by prosecution and moved the application
for the cancellation of bail. Explain the validity of bail and grounds for the cancellation of such
bail? (10 Marks)

Q.3. Mr. X issued 2 cheques within twelve months to Mr. Y. When both the cheques got dishonored,
Mr. Y filed two complaints. In the court at the framing of charge process, it was held not
necessary to file two separate complaints against their dishonor and it is enough if a single
complaint is filed. Do you agree- if yes or no- substantiate. (10 Marks)

OR

Q.3. Mr. Z commits robbery on Mr. N, and in doing so voluntarily causes hurt also to Mr. N. Do you
think if Mr. Z could be separately charged with and convicted of an offence under Section 323,
392 and 394 of I.P.C., 1860? Justify with appropriate provisions of Cr.P.C, 1973? (10 Marks)

Q.4. Mr X, an informant went to SHO at the police station and informed about a cognizable offence
committed by Mr. Y. After the FIR filing, suppose the Investigating Officer filed a closure report
which meant that no case was made out for prosecuting the accused Mr. Y. Do you think, in such
a case Mr. X has a recourse? Discuss and justify. (10 Marks)

OR

Q.4. “After examining the validity of the arrest, the next point of inquiry is : whether there are grounds
to keep the accused in detention or whether he can be released on bail, or otherwise discharged.”
Explain this observation in the context of Arnesh Kumar v State of Bihar (2014) 8 SCC 273?
(10 Marks)

Q.5. “A person once convicted or acquitted shall not be tried again for the same offence”, Comment.
(5 Marks)
OR

Q.5. Explain the role of public prosecutor as a functionary under the Cr.P.C, 1973. (5 Marks)

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