CrPC 290: Section 290 of the Criminal Procedure Code

Execution of foreign commissions

  1. The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 284.
  2. The Courts, Judges and Magistrates referred to in Sub-Section (1) are:
    1. any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code does not extend, as the Central Government may, by notification, specify in this behalf;
    2. any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

CrPC 289: Section 289 of the Criminal Procedure Code

Adjournment of proceeding

In every case in which a commission is issued under section 284, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

CrPC 411: Section 411 of the Criminal Procedure Code

Making over or withdrawal of cases by Executive Magistrates

Any District Magistrate or Sub-divisional Magistrate may-

  1. make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;
  2. withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.

CrPC 204: Section 204 of the Criminal Procedure Code

Issue of process

  1. If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-
    1. a summons-case, he shall issue his summons for the attendance of the accused, or
    2. a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.
  2. No summons or warrant shall be issued against the accused under Sub-Section (1) until a list of the prosecution witnesses has been filed.
  3. In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under Sub-Section (1) shall be accompanied by a copy of such complaint.
  4. When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.
  5. Nothing in this section shall be deemed to affect the provisions of section 87.

CrPC 288: Section 288 of the Criminal Procedure Code

Return of commission

  1. After any commission issued under section 284 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
  2. Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872 (1 of 1872) may also be received in evidence at any subsequent stage of the case before another Court.

CrPC 410: Section 410 of the Criminal Procedure Code

Withdrawal of cases by Judicial Magistrates

  1. Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.
  2. Any Judicial Magistrate may recall any case made over by him under Sub-Section (2) of section 192 to any other Magistrate and may require into or try such cases himself.

CrPC 287: Section 287 of the Criminal Procedure Code

Parties may examine witnesses

  1. The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the Commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.
  2. Any such party may appear before such Magistrate, Court or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.

CrPC 203: Section 203 of the Criminal Procedure Code

Dismissal of complaint

If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

CrPC 286: Section 286 of the Criminal Procedure Code

Execution of commissions

Upon receipt of the commission, the Chief Metropolitan Magistrate of Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall lake down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Code.