Are you Facing a criminal case? Know every step. Have the right lawyer.
From the moment an FIR is registered at Patiala’s Kotwali or any police station in the district — to the final argument before the Sessions Judge — Advocates Sukhdeep Singh Khaira stands with you at every stage of the criminal process.
How a criminal case begins
From FIR to trial — the complete picture
Most people who walk into our office are frightened, confused, and have already spent hours at a police station without understanding what comes next. A criminal case in India does not begin in court — it begins on the street, or in a police station, or with a written complaint. Knowing the journey is the first step to defending yourself properly.
Here is exactly how it unfolds at Patiala District Court and the police stations under its jurisdiction.
(1) FIR — First Information Report
An FIR is the starting point of every cognizable criminal case. Any person can report a cognizable offence to the police — theft, assault, cheating, murder — and the police are legally bound to register it under Section 173 BNSS (formerly section 154 CrPC). If the police refuse, you have the right to approach the Superintendent of Police or the Chief Judicial Magistrate at Patiala directly. Refusing to register an FIR is itself an offence. We have fought and won such refusals many times.
(2) Police investigation — what happens after the FIR
Once the FIR is registered, the investigating officer begins the probe — recording statements, gathering evidence, making arrests if needed, and preparing the charge sheet. This phase is critical. Evidence collected here will be used against you in court. We advise clients to engage a lawyer immediately at this stage, before statements are recorded, and before any arrest is made.
(3) Arrest, custody & remand
If arrested, you must be produced before a illaqa Magistrate within 24 hours. The police cannot detain you beyond this period without judicial order. We appear before the Magistrate at remand hearings to oppose unnecessary custodial remand and to secure bail at the earliest. An arrested person has the right to be informed of the grounds of arrest and to speak with a lawyer — these rights are non-negotiable
(4) Charge sheet — the police file their case
After investigation (usually within 60 or 90 days depending on the offence), the police submit a charge sheet before the Illaqa Magistrate or Sessions Court. This is the prosecution’s formal case. We scrutinise every page of the charge sheet — the FIR, the panchnamas, medical reports, witness lists, and forensic documents — looking for inconsistencies, legal defects, and grounds to challenge the case at the root.
(5) Cognizance & framing of charges
The Magistrate takes cognizance of the charge sheet and examines whether a prima facie case exists. At this stage, we can file a discharge application — arguing that the material on record is insufficient to frame any charge. Getting a discharge before trial begins is the ideal outcome. If charges are framed, the trial proceeds.
(6) Trial — prosecution evidence & defence
The prosecution examines its witnesses. We cross-examine each one — probing inconsistencies, exposing exaggerations, and breaking down the chain of evidence. Once the prosecution closes its case, the accused is examined under Section 351 BNSS (Section 313 Cr.pc). Defence witnesses are then examined if needed. Written arguments are filed. The court pronounces judgment.
(7) Appeal & revision — if the judgment goes against you
A conviction by the Chief Judicial Magistrate or Additional Sessions Judge at Patiala can be challenged before the Sessions Court or the Punjab & Haryana High Court at Chandigarh. We pursue appeals on questions of fact, law, and constitutional rights. Time limits are strict — engage us immediately after an adverse judgment.
Filing a complaint — when you are the victim
Complaint to police & complaint before Magistrate
Not every grievance results in a police FIR. In many situations — cheating in a property deal, domestic violence, harassment, dishonour of cheque — the police may refuse to act or may not take the matter seriously enough. You have two routes available to you, and we will help you choose the right one.
Complaint to the police (Section 173 BNSS)
You can report any cognizable offence at the nearest police station. If the officer in charge refuses to register the FIR, you can send the complaint in writing to the SP Patiala by registered post, or directly approach the Chief Judicial Magistrate under Section 175(3) BNSS, who can direct the police to investigate.
complaint before Magistrate (Section 223 BNSS)
For non-cognizable or compoundable offences — or where the police have simply closed the case — you can file a private complaint directly before the Judicial Magistrate at Patiala. The Magistrate examines the complaint, records your statement, and may summon the accused or direct a police inquiry.
When the accused is a government official
Complaint against police, public servants & government employees
Filing a complaint against a police officer or a government employee is among the most difficult things a citizen can do in India. The system is designed, informally, to protect its own. We know that firsthand, and we know how to navigate it.
If a police officer has beaten you in custody, extorted money, falsely implicated you in a case, or abused power — you have legal remedies. Under Section 173 BNSS, a Magistrate can direct the police to investigate a complaint against their own colleagues. Complaints can also be filed before the State Human Rights Commission or the Punjab Police Complaints Authority.
For public servants charged with corruption, the Prevention of Corruption Act applies, and special courts handle those trials. Sanction to prosecute is required from the government before such cases can proceed — a procedural layer we understand well and have successfully challenged in appropriate cases.
If you have been falsely implicated by a police officer in a case — a practice that does happen in Patiala district — we move quickly for anticipatory bail and simultaneously file a writ before the High Court to expose the fabrication. The truth always surfaces when the evidence is examined carefully.
Bailable & non-bailable offences
Understanding bail — your most immediate right
The first question a family asks after an arrest is: can he get bail? The answer depends on the nature of the offence.
Bailable offence
Bail as a right
- Bail is a matter of right — the police or court must grant it
- Examples: minor assault, mischief, defamation, cheating below threshold
- Bail can be granted at the police station itself
- Surety or personal bond may be required
- We ensure bail terms are not made unreasonably harsh
Non-Bailable offence
Bail at the court's discretion
- Examples: murder, rape, kidnapping, robbery, NDPS, POCSO offences
- Only the Magistrate or Sessions Court can grant bail
- Court considers flight risk, evidence tampering, severity of offence
- We prepare detailed bail applications with legal arguments and supporting documents
- If refused, we move the Sessions Court or High Court immediately
Anticipatory bail — applied for before arrest — is available under Section 482 BNSS when there is reason to believe that an arrest may happen. We file these applications at the Sessions Court Patiala and before the Punjab & Haryana High Court at Chandigarh, often within hours of being briefed.
Types of courts & proceedings
Sessions, warrant cases, summons cases & summary trials
Not all criminal cases are tried the same way. The procedure differs depending on the seriousness of the offence. Here is a plain explanation of what each means for your case.
Sessions Trial
The most serious offences — those punishable with imprisonment exceeding seven years, or with death — are tried by the Sessions Judge or Additional Sessions Judge at Patiala. These include murder (Section 103 BNS), rape, dacoity, NDPS and UAPA cases with large quantities. A full trial with framing of charges, examination of witnesses, and lengthy arguments is involved. We represent clients at all stages of sessions trials.
Summons cases
Less serious offences — punishable with imprisonment up to two years — are tried as summons cases under a simplified procedure. These move faster, but the accused’s right to a fair hearing is the same. Section 138 Negotiable Instruments Act (cheque bounce) cases are tried as summons cases in Metropolitan Magistrate courts or Judicial Magistrate courts.
Warrant cases
Offences punishable with imprisonment exceeding two years but tried before a Magistrate are warrant cases. These follow a more detailed procedure — formal charges, full prosecution evidence, cross-examination, defence evidence, and final arguments. Common examples include cheating, voluntarily causing grievous hurt, and criminal breach of trust.
Summary trials
For petty offences — traffic violations, minor public order breaches, small theft — the Magistrate can conduct a summary trial under Chapter XXII BNSS. These are fast, informal proceedings. A sentence of more than three months’ imprisonment cannot be passed in a summary trial. Even here, an accused person has the right to be represented, and we ensure that an incorrect or hasty conviction is challenged.
"Bail is the rule, jail is the exception. But knowing which court to approach, and how fast to move, is what the rule actually means in practice.":- Advocate sukhdeep Singh Khaira
Our courtroom defence
What full criminal defence looks like
Pre-Trial
FIR quashing before the High Court
If the FIR is false, frivolous, or is an abuse of the criminal process, we file for quashing under Section 528 BNSS before the Punjab & Haryana High Court. A stay of investigation can also be sought immediately. This is often the most powerful tool available, and the earlier it is used, the more effective it is.
Arrest Stage
Remand resistance
We appear before the Magistrate at every remand hearing to argue against unnecessary police custody. Every extra day in custody gives the police more time — and more pressure — to extract statements. We fight remand with legal arguments and full knowledge of the facts.
Evidence
Forensic & document scrutiny
Post-mortem reports, FSL reports, call data records, digital forensics — we examine every document the prosecution relies on. Gaps in the chain of custody, errors in forensic procedure, and contradictions between the FIR and the medical evidence are routinely found when you look carefully enough.
Trial
Cross-examination
The most important skill in a criminal trial. Each prosecution witness is cross-examined to expose contradictions, test memory, challenge credibility, and make the court understand that the prosecution's version is not the only one — or not the true one.
Trial
Defence evidence & defence witnesses
An accused can lead evidence too. Alibi witnesses, character witnesses, expert witnesses — we build a defence case that does not merely poke holes in the prosecution but affirmatively tells the court a different, truthful story.
Arguments
Final arguments & written submissions
Oral arguments before the Sessions Judge at Patiala are one part of the battle. Written submissions — citing case law from the Supreme Court and Punjab & Haryana High Court — leave a record that the judge can refer to in the judgment. We do not skip this step.
Special proceedings
Cases we handle beyond standard criminal trials
Criminal law in Patiala district touches many areas of life beyond the obvious ones. We regularly appear in the following matters at the district’s Judicial Complex:
NDPS Act — drug cases
Punjab’s geography makes NDPS cases incredibly common in Patiala, frequently leading to individuals being targeted with false allegations or entirely fake cases. Because these offenses carry severe, minimum mandatory sentences tried exclusively by designated Special Courts, navigating the Act’s unique burden of proof requires a precise defense. Fortunately, strict compliance with recovery procedures under Sections 42, 43, and 50 is legally mandatory, and police failure to follow these exact steps remains a frequent ground for acquittal. By systematically exposing these procedural flaws and fabricated charges, we have successfully secured bail and acquittals even in high-stakes NDPS matters involving commercial quantities.
Domestic violence & matrimonial offences (Section 498A IPC/ 85 BNS)
Section 498A IPC OR 85 BNS — cruelty by a husband or his family — is among the most commonly registered offences . It is also one of the most frequently misused ones. We represent both complainants who are genuinely suffering, and accused persons who have been falsely implicated in matrimonial disputes. Both deserve honest, skilled representation.
Cheque bounce — Section 138 NI Act
Cheque dishonour cases are civil-criminal hybrids tried as criminal proceedings. They require precise management of demand notices, complaint timelines, and bank documents. We appear in these cases for both complainants and accused, with a strong track record at Patiala’s Magistrate courts.
Cyber crime & digital finacial fraud
SC/ST Atrocities Act
Cases under the Prevention of Atrocities Act carry a presumption of guilt that is different from ordinary criminal law. Bail is restricted, special courts handle the trial, and the investigation involves a Deputy Superintendent of Police or higher. We handle both defence cases and represent complainants belonging to scheduled castes and scheduled tribes who have genuinely been wronged.
Arms Act & illegal possession cases
Illegal firearms and unlicensed weapons are frequently charged in Patiala district. The Arms Act cases are tried as warrant cases, and the recovery procedure and licensing documents are always carefully examined. We have successfully challenged recoveries made without proper procedure.
FAQs
Contact a criminal defence lawyer before any police statement is recorded. You have the right to consult a lawyer and be informed of the grounds of the FIR. We evaluate whether the FIR can be challenged, quashed, or investigated under proper supervision — from day one.
No. Police are legally bound under Section 173 BNSS to register an FIR for any cognizable offence. If they refuse, you can write to the SP Patiala or directly approach the Chief Judicial Magistrate. We have successfully enforced this right in Patiala district.
You must be produced before an Illaqa Magistrate within 24 hours. Beyond that, judicial remand is required. We appear at every remand hearing to oppose unnecessary custody and secure your release at the earliest.
Bailable offences (e.g., minor assault, small cheating) give you a right to bail — even at the police station. Non-bailable offences (e.g., murder, rape, NDPS) require the Magistrate or Sessions Court to grant bail. If refused, we move the Sessions Court or Punjab & Haryana High Court immediately.
Anticipatory bail under Section 482 BNSS is filed before arrest when you have reason to believe arrest is imminent. It is critical in false cases and matrimonial disputes. We file these applications at Patiala Sessions Court or the High Court — often within hours of consultation.
We apply for anticipatory bail, file for quashing before the High Court, and build a detailed defence showing the allegations are fabricated. We represent both genuine victims and wrongfully accused persons — with equal professional commitment.
Yes — through the Magistrate, the State Human Rights Commission, or the Punjab Police Complaints Authority. If you have been falsely implicated by a police officer, we simultaneously apply for anticipatory bail and file a writ before the High Court.
Advocate Sukhdeep Singh Khaira practises at Patiala District Court. We handle bail, anticipatory bail, FIR quashing, NDPS, 498A, cheque bounce, cyber crime, SC/ST Act, and Arms Act matters. Call us immediately — every hour matters.
The right lawyer at the right time changes everything.
If an FIR has been registered, someone has been arrested, or you are being threatened with a false case — call us today. Every hour matters in a criminal case.