The Stages of a Criminal Case: Pre-Proceeding Stage
There are four steps in pre-proceeding stage:
- First step: Initiation of a criminal case
- Second step: Reporting to the Magistrate
- Third step: Investigation
- Fourth step: Final report/ Charge sheet
1. First step: Initiation of a criminal case
A criminal case can be initiated in one of the two ways:
I. Through filing a First Information Report (FIR) in case of cognizable (where arrest without warrant is permitted) offence.
II. Complaint to Magistrate in case of cognizable and non-cognizable (where arrest without warrant is not permitted) offence.
Schedule II of CRPC (Code of Criminal Procedure) details the difference between cognizable and non-cognizable offence.
I. Through filing a First Information Report (FIR) in case of cognizable offence
If an officer-in-charge receives information about any cognizable offence from any of the below four sources then he must record the same and this written record will be treated as FIR and a FIR number or PS (police station) case number will be given. The sources are:
1) Vested Property Release Act 2001
2) Vested Property Return (Amendment) Act 2002
3) Vested Property Return (Amendment) Act 2011
4) Vested Property Release Rules 2012
Recent Updates on Relevant Statutes:
The parliament on 14th June, 2012 has passed a bill ‘Vested Property Release (Amendment) Bill 2012. Slight but significant changes are brought with this bill. To have a summary please visit:
Matters covered by this statute, its scope and jurisdiction of Artha Rin Adalat:
- Matters regarding recovery of loans by financial institutions are covered by this statute. This is apparent from the preamble of this statute given at the very beginning of this Act prior to section 1 and also from the section 5. Please note that, these matters are regarded as matters of civil nature (section 11(5) of ARAA).
- Irrespective of Public Demand Recovery Act (PDRA) 1913, if the loan is recoverable under ARAA then it has to be recovered using the Artha Rin Adalat no matter whether this loan is considered as ‘Public/Government Loan’ [section 5(5) of ARAA].
- However, cases involving claims by Bangladesh Krishi Bank and Bangladesh Krishi Unnoyon Bank and other state-owned financial institutions not exceeding the amount of taka 5 lacs can be filed as certificate case using the PDRA 1913 instead of filing in Artha Rin Adalat [section 5(5) of ARAA].
- If there are special provisions for recovering loan by financial institutions established by special law, then the ARAA provisions will be counted as additional to those provisions. However, if that financial provision files a case in Artha Rin Adalat for recovering loans, then the ARAA will be applicable [section 5(6) of ARAA]
- Loans given to the Government by the following institutions [section 2Ka (12-17)] are not recoverable by the Artha Rin Adalat: Continue reading