A.

General Provisions Regarding Criminal Procedure

Power to postpone or adjourn proceedings

Evidence recorded by different Judges or Magistrates

Power to summon material witness or examine person present

Expenses of complainant and witnesses

Local Inspection
 S. 344-Power to postpone or adjourn proceedings
What is postpone or adjourn?
Who can postpone or adjourn?
Court
What is remand?
Is it mandatory?
Why postpone or adjourn?
Absence of witness or other
How long?
Court of session any length.
When postpone or adjourn can be made?
After taking cognizance or commencement of trial.
It must be in writing.
Reasons must be recorded.
Magistrate may send the accused to custody for maximum 15 days.
By warrant court session can remand the accused.
Three conditions- State vs Salimullah khan (1959) 11 DLR 11
- Consider the evidence produced
-Police report s. 190-1-b
-Previous sanction when no cognizance can be taken because of nature.
*Zakir Hossain and Other vs State (1990) 43 DLR
-Until civil proceedings settle down
- For fair trial

Difference between s. 167 & 344

-During investigation s.344 can not be applied
Revision against the order of magistrate u/s. 435 & 439A to session judge.
 S. 349-A-I & & 350-I
Evidence recorded by different Judges or Magistrates

Exception: S. 346- postponed & 349- sent to superior magistrate

Application: Judge or Magistrate ceased to exercise jurisdiction

Succeeding judge or magistrate have power to hear partially or full.

Witness- re-examine/cross/discharged
S. 540 - Power to summon material witness or examine person present

Application:
-If state party make any mistake
-If there is negligence to examine material witness

When:
Summoning material witness after examined of accused u/s 342.
If the state party fail to examine material witness, then court can summon
to examine. (AIR 1959 MAD 509)
 S. 544- Expenses of complainant and witnesses

For attending
Expenses Memo
 S. 539B- Local Inspection

Who can made;

Any judge/magistrate at any stage of inquiry/trial
Application:
With notice to parties
Visit and inspect place of offence
Any other place reasonable
Record memorandum
Memo will be part of the case
Free of cost provided to the parties