HOW TO FILE A PETITION IN COURT?
There are some important steps for filing any petition in court. First, we should know what is petition so in the short petition is filing a case in court.
There are many types of petitions:
- Writ petition
- Civil appeal
- Criminal appeal
- Election petition
- Curative petition
- Consumer appeal
- Public interest litigation
Before filing any suit/ petition we should know that the appeals can be filed in two main categories:
Civil cases (family cases, property-related cases, child custody)
Criminal cases ( kidnapping, rape, theft) and the procedure of both have a slight difference.
STEPS FOR FILING THE SUIT IN CIVIL CASES:
Step one: know the nature of the problem whether it is of a civil nature or in criminal nature and then according to the problem and the situation next step is to apply the relevant sections.
Step two: after deciding the nature of the problem then decide the jurisdiction(CPC section 9, section 15-30) of the court in which the case will file.
Step three: then the next step is to find the limitation period of the case like when they should be filed the petition or the time limit to file the petition. We will check this in the limitation act.
Step four: then in the next step plaint will come into the picture and then farming the issue is another task ( CPC order 7 ).
Stet five: after finishing all the things submitting before the court is the last thing.
STEPS FOR FILING THE SUIT IN CRIMINAL CASES:
Step one: Filing the complaint by the informant/complainant at the police station.
Step two: then the person should file the complaint at the nearest police station. If the complaint is related to a non-cognizable offense (non-cognizable offense: Where police cannot arrest without a warrant (cannot arrest without an order of magistrate)) then police can’t file the FIR because for the investigation they have to take permission from the magistrate ( NC Offences ). The responsibility of the police in this type of case is to just fill the NC report in the register. And the complaint should be filed before the court.
Step three: On the other hand, if any complaint is registered by the police and if the complaint discloses the cognizable offense (Section 154 of CrPC) (Cognizable offense: where police can arrest without a warrant (and can investigate without an order of magistrate) then the police have to file the FIR ( First information report).
NOTE: if the police office denies writing the FIR then a person can go to the SSP (section 154(3) of CrPC )or magistrate (section 156(3) of CrPC ) with a valid reason and case. And court then directs the police to write the FIR and can punish the police officer for not writing the FIR.
NOTE: After filling the FIR, police create 3 copies of the FIR one copy for itself and another copy for the complaint, and that copy is for free no charge should be taken by the police or any other person.
Step four: Police will start the investigation after the registration of the FIR.
Step five: After the investigation, police collect the evidence and examination of witnesses, and then either police file the charge sheet under section 173 of CrPC or file the closure report (if the evidence is not sufficient for proving the offense).
Step six: if a charge sheet is filed, the court takes cognizance under section 190 of CrPC.
WHO CAN FILE THE PETITION IN THE CRIMINAL CASE?
Generally, that person who is a victim suffered from the act of the accused. But the way anyone can file the petition.
WHAT IS THE LIMITATION PERIOD FOR FILING THE PETITION?
The limitation period will differ as the case differ like in the civil appeal generally 60 days is the limitation from the date of grant of certificate. In a criminal case, again 60 days.
These are the steps for filing any petition civil and criminal petition. After following all the steps the petition filling thing will be done and the other proceeding will start by the court. If we talk about the other types of petitions like writ petitions, then article 32 for the Supreme court and article 226 for the High Court of the constitution will come into the picture. Same with the public interest litigation (PIL), this petition is for the public at large and protection of their interest.
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