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Report No. 142

9.9. Commentary.-

Till the charge sheet is filed, the investigating agency would be engaged in collecting the material supporting the prosecution case. It is, therefore, considered appropriate that the application may be made only after the charge-sheet is filed.

9.10. In respect of complaints initiated by private persons, that is to say ox respect of complaints lodged otherwise than by lodging an FIR by the police, the application may be moved at any time after the court issues a process.

9.11. In summons cases an accused may make an application before his plea is recorded under section 251 of Code of Criminal Procedure.

9.12. In warrant cases an application may be made when the matter is ripe for charge but before charge is framed.

9.13. Commentary.-

It is not necessary to provide for any time lag because in a private complaint the material would have been already gathered by the complainant before the complaint is lodged and he or she can make it available to the Competent Authority for the purposes of taking an appropriate decision. The application has to be made by the accused before making his plea because by the very nature of things plea of guilty can be made only before the Competent Authority if the scheme for concessional treatment is to be resorted to and plea of not guilty can be followed only by a trial.

Concessional Treatment for Offenders who on their own initiative choose to plead guilty without any bargaining Back

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