For civil matters it depends what reliefs you are seeking. Depending on the type of matter and your reliefs you may pray for interim reliefs pending the suit
Criminal matters it depends what is the offence committed by Accused
In case of criminal matters there are two kinds of offences- cognizable and non-cognizable offences. The steps for initiating criminal procedure are-
1. In case of a cognizable offence, the first step is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR). A zero FIR can be used for crimes such as murder,rape etc. where immediate investigation is required and time cannot be wasted in reaching the police station under whose jurisdiction the crime falls.
2. Once the investigation has been concluded, the police record all their findings in a charge sheet. If it is deemed that there is enough proof on the charge sheet the case goes to court.
3. You can then file a criminal complaint, via a document called as a plaint, against the accused. A plaint is a written allegation of the complainant and it contains a summary of the facts of the case and the relief sought.
4. A vakalatnama needs to be then submitted, authorizing an advocate to argue the case on your behalf. It contains the terms and conditions of this authorization, and lists out the rights of the advocate.
5. The plaintiff is required to pay the court fees, as per the rules and regulations set by the Court fees Stamp Act.
6. In case of non-cognizable offence, Police is not obliged to investigate the matter, and judicial proceedings can be started by directly filing a criminal complaint before the competent court, under Section 190 of the Cr.P.C.
The steps for initiating civil procedure in India are:
1. The first step is to file a suit before a suitable Court via plaint and vakalatnama.
2.On the first day of hearing, if the court thinks there are merits in the case, a notice is issued to the opposite party, to submit their arguments, and fix a date.
3. On issuance of notice to the opposite party, the plaintiff is required to do the following:
I. The requisit amount of procedure fee in the court.
II. File two copies of plaint for each defendant in the court. One copy shall be sent by register/post/courier and one by ordinary post. Such filing should be done within 7 days, from date of such notice.
4. Replication i.e a reply is then to be filed by the plaintiff against the "written statement" of Defendant.
5. After completion of the pleadings, both the parties are given opportunity to produce and file documents, on which they rely to substantiate their claims.
6. Finally, the court passes a "final Order", either on the day of hearing itself, or some other day fixed by the court. The party against which the order is passed may initiate further proceedings by way of an appeal, reference or review accordingly.
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