KP’s Investigation to Trial : The Book for a Common Man : Criminal Law by Abhilash Malhotra – 1st Edition 2024.

KP’s Investigation to Trial : The Book for a Common Man : Criminal Law by Abhilash Malhotra – 1st Edition 2024.

About the Book

Book Review by Sh. Laxmi Kant Gaur [Retired Judge, Higher Delhi Judicial Service, Advocate High Court of Delhi]

When I had this book for the first time in my hand and I had flipped over it pages, it gave me a feel of the famous book – The Key to Indian Practice by Sir Dinshaw Fardunii Mulla. To some extent book serves the same purpose, introducing the process of investigation of criminal offences by the police and followed by their trials by Court. Author is a Magistrate, conducting criminal trials every day and therefore it is only to be expected that the book is a reflection of his own of experiences in Court that too in Delhi. One may note a criminal trial is not just about the procedure as laid down but also practices which are followed in Courts which may sometimes differ from one State to another though not deviating from the fundamentals in any way. Author, as it appears, is keen to pass on those experiences to the Common Man so as to empower him/her to understand the criminal proceedings better. What is most admirable about this book is that author explains everything with help of examples borne out of every day experiences. In fact, in the entire book one can find that common refrain “let us understand with help of an illustration”.

Author does not claim that he is providing the reader in depth analysis of the provisions related investigations and trials but says he is only giving an “Arial view of the Investigation to trial” but at the same time focusing “on the application of legal principles to factual scenarios in day-to-day life”. This is not to say that author does not quote from the Judgments of High Courts and Supreme Court wherever required but he does so not in an obstructive way but to make understand a point being made. The other remarkable thing about the book is its direct approach in answering the questions without employing too much of legal jargon.

In my view writing the book in any other way would have defeated the vary purpose for which book has been written. It has been often observed that litigants who come to the court are a lot time of stressed and apprehensive which more often than not is rooted in the ignorance of the process of the Court. I am sure this book would go a long way in allaying those fears and apprehensions.

Interestingly, author finds his motivation for writing the book first from his own experience of making a transition from student to an advocate, when he says not in so many words that students in law colleges have limited orientation to the procedural law and according to him “understanding procedural aspects is cardinal to succeed in practice”. (I think of a lot of students passing out of law colleges and coming to practice in trial courts can easily relate to it.) And second from his having observed in court shortcomings in the investigations may be by those police officers who are new to the job. He says “I attempted to step in to the shoes of Law Students, Advocates, Litigants or police officers who are passing through the same gestational phase” with obvious reference his own period of transition. In my opinion the book would of use in equal measure for the young advocates coming to the profession and also police officers who are new to investigations.

I would like to add a few more categories on my own for whom this book be of value. First is, the news reporters who cover criminal courts. I am sure if they have this book on their side their reporting would improve significantly. Second, NGO paralegals working with NGOs involved in the protection of Human Rights. And third, for those who are exclusively practicing on civil side, or in high Courts and Supreme Court, who don’t have much of an exposure of criminal courts, may also consider having this book in their shelves.

There are chapters exclusively devoted to – Maintenance claims of Wives, Children and Parents, Medical Negligence, Defamation and Dishonour of Cheques. Litigants involved in such trials would find these chapters useful.

Books serves the purpose for what is written. I would, however, liked the author to have elaborated a bit more on rights of an accused at the time of his arrest, victim compensation and also have added a chapter devoted to offence related to giving false evidence. He would have done well to explain in detail the cases related to defamation on social media with illustrations relatable to common man.

CONTENTS
Chap 1. Introduction
Chap 2. Fundamental Concepts
Chap 3. How to Report Crime and Register F.I.R.
Chap 4. When Police do not register F.I.R.
Chap 5. Registration of F.I.R. on directions of the Court
Chap 6. Limitation period for filing complaint
Chap 7. Complaint case
Chap 8. Stay of Complaint case
Chap 9. Cross case
Chap 10. Investigation
Chap 11. Case Property Seized during Investigation
Chap 12. Monitoring of Investigation by the Court
Chap 13. Remedy against Shoddy Investigation
Chap 14. Conclusion of Investigation and Final Report
Chap 15. Trial
Chap 16. Probation or Admonition
Chap 17. Sentencing the Convict
Chap 18. Witness Protection
Chap 19. Rights of Accused
Chap 20. Bail
Chap 21. Parole and Furlough
Chap 22. Procedure to Compel Appearance
Chap 23. Plea Bargaining
Chap 24. Compounding of Offences
Chap 25. Appeal
Chap 26. Revision
Chap 27. Inherent Powers of the High Court
Chap 28. Double Jeopardy
Chap 29. Withdrawal from Prosecution
Chap 30. Maintenance of Wives, Children and Parents
Chap 31. Medical Negligence
Chap 32. Defamation
Chap 33. Dishonour of Cheque
Chap 34. Virtual Courts

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