III Semester B.A.LL.B. (Hons.

) Course

Project on Police station, SDM/Executive Magistrate office, Judicial

Magistrate court visit

As part of C.E. project

For the academic year 2018-19

Supervised by Submitted by
Neeraj Gupta sir Chetna Singh Raghuwanshi
(17BAL017)

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 Acknowledgement

I am extremely grateful to Neeraj sir, for giving me this golden opportunity, and for his faith and
confidence in me and thus entrust me to explore the various legal institutions i.e .police station,
executive magistrate office, judicial magistrate court.
I express my gratitude to my college Institute of Law Nirma University (ILNU), Ahmedabad,
Dean Dr. Purvi Pokhriyal ma’am for arranging this project.

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 Table of content
Sr. no. Subject Page no.

1 POLICE STATION VISIT 4 to 9

2 SDM/EXECUTIVE MAGISTRATE OFFICE VISIT 10&11

3 JUDICIAL MAGISTRATE VISIT 12&13

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 POLICE STATION VISIT
Date and time of visit: - 11/09/18 at 2 pm to 4:30pm

Accompanied by: - Adesh, Gazal, Malika, Shreepurna and Chetna

We made visit to sola police station which is situated in sarkhej gandhinagar highway. Prior to our
visit we made certain readings of chapter 5 of CRPC, Dk Basu’s guidelines of arrest to prepare
ourselves for the questions to ask at the police station. We try to know the practicality of the work
by asking questions and by observing the environment. If we talk about the infrastructure of the
police station it was really good the building is quite good, cameras are installed there and the
environment was also quite friendly and everyone present there were ready to help.

We met ASI Hitendre Singh sir who helped us to understand the practicality of the work the first
thing which we asked is when police arrest someone did they give the chance to that person to tell
about his arrest to his relatives or family member for that he replied that when they arrest someone
they inform their family as soon as possible about the section under which they have arrested or the
time when they are going to present him in front of the magistrate. So the family members can
come either to the police station or magistrate office. But he also told us if the criminal is very
dangerous and the area from where they have caught that criminal is dangerous then they go out of
the law and first they came away from that area and after coming to the police station they inform
their family members about it. In the situation if the person arrested is from other state then the
police call to his house nearest police station to go and inform his family about the arrest. And if the
person arrested is not giving information about the family or relatives then the police just present
the criminal in front of the court and give the report that the criminal is not giving any information
about the family. If the person arrested is at unconscious stage and not able to give any information
then the police first hospitalize that person and then take him to the police station.

Sir told us that only in cases like rapes they first send the victim and accused to the medical but in
other cases they send the person for the medical after some time of the arrest. And he also told us
that they don’t send information of all arrests separately to the control room in fact every morning
police sends collective information’s of all the arrests and other works done in a day.

Then we asked about the arrest memo then they show us the arrest memo which contain arrested
person’s name, arrestee name, outer appearance of the arrested person, police stations name, date
and time etc sir allowed us to take a picture of arrest memo which I have attached below numbered
as (1)

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 (1)

Then sir also told us about the arrest diary which contains serial no. Section under which person is
arrested, name address and description of the offender, date time of the offence and arrestor name,
station diary entry, medical time, advocate meeting time, bale or plea and signature. Sir also
allowed us to take the picture of arrest diary which I have attached below numbered as (2)

(2)

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Then sir told us about the station diary he doesn’t allow us to click the picture of it but he showed
us it contains serial no. Time of entry, crime register no. And section of law (where necessary),
brief of occurrence showing person and property concerned and time and place of occurrence. Outer
side picture is attached below numbered as (3)

(3)

Then sir showed as the FIR which contains police station name, district, personal details of the
complainant, place of occurrence, date and hour of occurrence, nature of offence, description of the
accused etc sir allowed us to take the picture which is attached below and numbered as (4).

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 (4)

Then sir told us about the charge sheet which is when the FIR is filled and after that police do all its
investigation the police identifies different offences committed by accused and police identifies the
person who is to be charged then the police formulates the charge sheet and submit it to the court. It
comes under the section 173 of crpc. The pictures of charge sheet are attached below.

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Besides all these important documents sir also gave us a lot of knowledge like inner case report
which police use to maintain in which smallest details about the case is written and for every case a
separate report is to be maintained and every report has its own unique number. Lawyers cannot
access to this report only magistrate and judges can have this report. And sir told us about the
female accused like female constable arrests the female and if police cannot present the accused to
the magistrate then the female constable use to stay at night with the accused. Sir also told us that
although most of the time they catch criminals in uniform only but sometimes if the situation
demands they also catches the criminals in civil. If we talk about the guidelines for arrest laid down
in DK Basu case most of the time police follow all those guidelines.

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Picture with ASI Hitendre Singh sir.

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 SDM/EXECUTIVE MAGISTRATE OFFICE VISIT

Date and time of visit: - 12/09/2018 at 2:30 PM to 5:00 PM

Accompanied by: - Adesh, Malika, Sreepurna, Isha, and Chetna

We made visit to Gheekanta Metropolitian court. Prior to our visit we read the powers and
jurisdiction of the SDM/Executive Magistrate and what are the differences in judicial and executive
magistrate. We tried to understand the powers and jurisdiction of the executive magistrate by
interacting with them. First we went to the office of special executive magistrate SG Rabari sir as
the sir was busy we interacted with his PA Ranveer singh who helped us by giving the information
about the executive magistrate work.

Ranveer singh sir told us about the works done by executive magistrate SG Rabari sir. He told us
that SG Rabari sir is special executive magistrate he specially deals with the cases related to section
151, 107, 93 and 144 of CRPC. Executive magistrate reports to SDM and SDM reports to DM and
below the executive magistrate there were Tahsildars and Patwaris works. In Gujarat executive
magistrate is called as Mamlatdar. Executive magistrate are appointed by the state government
under section 20(1) CRPC.

Sir told us that executive magistrate cannot directly issue search warrant but they can issue arrest
warrant or they himself can arrest if it falls under section 44 (1) and (2) under their jurisdiction.
Issues related to land like ULC and adding or subtracting someone’s name in the property is also
done by executive magistrate but SG Rabari sir don’t deal with these issues. Executive magistrate
cannot give imprisonment they just ask to fill the bond and give the bail. All the affidavits come
under oath act is also dealt by executive magistrate. Inquest punchnama is also made by executive
magistrate it is a punchnama which is made when someone dies unnatural death or die under any
suspicious circumstance then the executive magistrate draw inquest punchnama which contains the
description of the dead body’s condition, injuries, marks etc. After the inquest punchnama only
body is send for post-mortem.

Dying declaration is also taken by executive magistrate for example in dowry death cases if the
female is at critical condition then executive magistrate will go and take the dying declaration of
that girl which contains, name, place, reason of death etc. If the situation arise that at one point of
time there are many cases of dying declaration and executive magistrate cannot go at all the place
then collector will order someone else to do it and the copy of that order will be sent to all the

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police stations. The report of dying declaration goes to SP and then SP will investigate (tapas) the
case further.

Executive magistrate seal was done at many documents like lost affidavit, marriage affidavit,
passport affidavit. If someone dies in the police custody then also executive magistrate is the first
who goes to check the body. Executive magistrate can also order for the tear gas and firing for the
preservation of public peace in case of nuisance.

Identification parade is also done in the presence of executive magistrate. It is a process in which
victim identifies the criminal for example if there is one criminal then in front of the victim five or
more persons were presented and asked the victim to identify the criminal. If the police is not taking
the complaint then public can directly access to executive magistrate then you have to submit an
application (Arji) about it then sir will sign and seal it and send it to the police station to file the
complaint.

As there are many differences between judicial and executive magistrate but mainly which sir told
us are that judicial magistrate is appointed by High court and state government appoints executive
magistrate. Judicial magistrate can give imprisonment but executive magistrate cannot give
imprisonment. And inquest punchnama and dying declaration is only done by executive magistrate.
All over the experience was very good we got to know about the various aspects about the
executive magistrate’s
work.

picture with the PA of executive magistrate sir Ranveer singh

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 JUDICIAL MAGISTRATE VISIT

Date of Visit: - 14/11/2018

The visit was made to District Court, Ahmedabad which is situated in Mirzapur Court Complex,
Bhadra, Ahemdabad in the court of Judicial Magistrate First class sir D.K. Soni. Prior to visit I have
done the reading about the work of judicial magistrate for better understanding the practicality of
the work.

For the initiation of criminal proceedings a person has two choices either to lodge an FIR in the
police station or to lodge complaint before the Judicial Magistrate irrespective of the fact that the
complaint is cognizable or non cognizable. If any person chooses to lodge complaint before the
judicial magistrate then the magistrate can simply order the matter further investigated by the police
or magistrate may also have an inquiry made in the case to ascertain whether there are grounds for
proceeding. If the magistrate feels that there are sufficient grounds for proceedings in the case than
he issues summons and warrant for the attendance of the accused person for the trial. If the criminal
process first starts then it is the responsibility of the complainant to collect evidence and produce it
in court.

If the magistrate orders to investigate the matter to police then police do investigation and submit
the report to the magistrate. In this situation the question of cognizance arises. Cognizance of
offences by magistrate is given under section 190 of CRPC says that any magistrate of first nad
second class may take cognizance of any offence-

 Upon receiving of facts which constitutes such offence.

 Upon a police report of such facts
 Upon information received from any person other than a police or upon his own knowledge,
that such offence has been committed.

Magistrate can be said to have taken cognizance of offence. If he applies his mind to the complaint
with the intention of the proceeding with the complaint, then it is assumed that he has taken
cognizance of the offence mentioned in the complaint. But if he only applies his mind for ordering
an investigation or issuing warrant he does not tend to taken cognizance.

The magistrate has the power to examine the complainant under section 200 of CRPC. Section 200
of CRPC says –

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A Magistrate taking cognizance of an offence on complaint shall examine upon oath the
complainant and the witnesses present, if any, and the substance of such examination shall be
reduced to writing and shall be signed by the complainant and the witnesses, and also by the
Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine
the complainant and the witnesses-

(a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court
has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section
192: Provided further that if the Magistrate makes over the case to another Magistrate under section
192 after examining the complainant and the witnesses, the latter Magistrate need not re- examine
them.

Section 200 provides that the magistrate complainant on oath and at that stage, he make-up his mind
after going through the complaint and the statement of the complainant which is reduced in writing,
whether he should issue process or not. It is an important stage where magistrate has to consider
whether examination of the complainant and the sworn statement of the complainant before him
constitute sufficient material for proceeding with the case.

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