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Chapter III Enquiry and Trial by Magistrate Complaints 1. As Soon

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Chapter III Enquiry and Trial by Magistrate Complaints 1. As Soon Chapter III Enquiry And Trial by Magistrate Complaints 1. As soon as the Complaints/Charge-sheet (other than that for petty offence), is filed in the Court, it shall be examined with reference to the following points :- (1) Whether the Charge-sheet/Complaint is filed in the Court having jurisdiction (2) Whether the Charge-sheet/Complaint is filed within the prescribed period of limitation. (3) (a)Whether a sanction of any authority is necessary under the law for launching the prosecution. (b) If yes, is it obtained at the prescribed point of time and from the prescribed authority. (c) Whether the original Order of sanction or a copy of the same is produced as required by law. (4) (a) Whether the names and addresses of Complainant / accused and witnesses are properly mentioned; (b) Whether the accused is juvenile and as such, is it necessary to deal with accused under Probation of Offenders Act, 1958. (5) Whether the identification marks of the accused are furnished in Police Cases. (6) Whether the accused was arrested and released on bail before launching the prosecution, whether the dates of his arrest and release are mentioned in the Charge-sheet/ Complaint and the bail bond (if not already in custody of the Court), is attached to the case papers. (7) Whether the accused is released by the Court on bail before launching the prosecution. - (a) whether the date of such release is mentioned in the Charge-sheet ; and (b) whether the bail papers are available in Court records (attach the bail papers to the case.). (8) Whether the First Information Report is received by the Court (attach the First Information Report to the Charge-sheet.) (9) Whether sets of legible copies of relevant papers are supplied for the use of the Court and for delivery to the accused. (10) (a) Whether all items of muddemal property mentioned in the Charge- sheet / Complaint are produced. (b) whether every item of muddemal property is properly and separately described and numbered in the Charge-sheet / Complaint; (c) Whether value of each item is properly mentioend; (d)whether the Law expects the Court to make any early action in respect of any item of muddemal property (e. g. Sending to chemical analyser, food analyst, taking steps for preservation / disposal / security ) etc. (11)Whether confession / dying declaration / statements of witnesses under section 164 of Code of Criminal Procedure, 1973, are recorded in the course of investigations. - (a) whether such original docuemtns are produced. (b) if not produced, what is the reason assigned for such omission; (c) what steps are required to be taken by the Copurt for obtaining these documents in custody. (12) Where the accused is - (a) a juvenile offender; (b) a member ofmilitary personnel; (c) a person of unsound mind; (d) a deaf and dumb person; (e) a person who is required to be dealt with under a specific provision of law,- (i) whether the relevant fact is mentioned in the charge-sheet / Compaint (ii) what steps are required to be taken by the Court in his context. 1. A. (i) Attention of the Magistrate is drawn to Chapter XXXVI of the Code of Criminal Procedure, 1973, which provides for taking cognizance of contain offences. The Magistrate before taking cognizance should bear them in mind. ii. (a) When the Magistrate takes cognizance of a complaints the examinations as laid down in section 200 of the Code of Criminal Procedure 1973 of the complaints and his witnesses, if any should, as far as possible, be taken immediately, and in any case within a maximum period of 7 days. (b) Except in cases contemplated in first provisio (a) and (b) of section 200 of the Code of Criminal procedure 1973, care should be taken by the Magistrates in conducting the examination of a complainant and the witnesses present, if any, under section 200, to makes the inquiry sufficiently full to enable him to judges whether there are any grounds for proceedings. Before enquiring or directing an enquiry or investigation into the case under section 202 of the Code of Criminal Procedure, 1973, or the purpose of deciding whether or not there is sufficient ground for proceedings the Magistrate may, if he thinks fit, postpone the issue of process against the accused and for holding or directing such inquiry or investigation. Simillarly, he must record his reasons for dismissing a complaint under section 203. where it appears to the Magistrate that the offence complained of is traible exclusively by the Court of Sesion, the Magistrate shall not make any direction for investigations to be made by the Plice Officer, as contemplated in provisio (a) to sub- section (i) of section 202 of the Code of Criminal Procedure 1973. He shall, however, call upon the complainant to produce all his witnesses an examine them on oath. iii.In cases where a private complaint is filed in a Court of Law, the complainant must be given a Criminal case number and must be registered in the register of Criminal Cases immediately after the complaint is filed in the Court. iv. In petty cases of assault, hurt, insult, simple trespass, etc, and in non-cognizable cases, which are of private rather than of public interest, the Magistrate should not ordinarily direct the police to make an enquiry or investigation. Roznama i. A proceeding sheet (Roznama) should in the form given below, be kept in English in all inquiries, trials and other cases. It is meant only as a guide and is not intended to be exhaustive. In uncontested non-cognizable cases, a proceeding sheet (Roznama) may not be maintained. ii. The object of Roznama is to show in concise form the proceedings taken in each case with the date of each proceeding. It is to be a faithfull history of the case and correct list and description of the exhibits; and at the same time, it should be so drawn up as to show all the details of the case at one view and yet be as concise as possible. It is not to include a record of ministerial acts, such as the receipts of bhatta or process fees, the preparation of summonses and the like. iii.It must be kept from day to day as an original document. It may be written by a clerk but must be initialled or signed by the Magistrate at the end of the proceeding recorded every day. iv. All the papers in the case should, as far as posible, be arranged in the manner in which papers in civil suits are arranged. v. Following is the list of documents which may not be exhibited unless they happen to fall also within the description givin in the sub-paragraph next hereinafter following :- i. Papers subsidiary to orders sanctioning promotions. ii. Reports as to marks of violence on undertrial prisioners in a case. iii.Summonses. iv. Warrants, and v. Commissions for examination of witnesses. vi. Following is the list of documents (apart from articles) which should be exhibited :- 1. Order sanctioning prosecution, 2. Political Agent©s certificates, 3. Complaints, 4. Charge-sheets 5. Vakalatnamas, 6. Applications for bail and orders, 7. Remand applications and orders, 8. Bail papers and bonds, 9. Charges (framed by the Court), 10.Pleas of accused, 11.Depositions, 12.Confessions, 13.Documentary evidence, 14.Statements of the accused. 15.All applications submitted to the Court including applications for with drawing and compounding cases, and 16.Judgments and final orders regarding disposal of property. vii.Each document required to be exhibited should be given a distinctive serial number as it comes before the court. viii.The category of he (A, ©B©, ©C©, and ©D©) in which each paper or document mentioned in the Toznama is required to be kept before forwarding the record to the record-room as per instructions contained in paragraph 17 of Chapter XX of this Manual should be noted in red ink or pencil in the margin of the Roznama against each paper or document. Similarly, a note as regards the return or loss or destruction of a document should be made in red ink in the Roznama. ROZNAMA IN THE COURT OF SHIR......................................................................................... JUDICIAL MAGISTRATE, FIRST CLASS,............................................................... CIVIL JUDGE AND JUDICIAL MAGISTRATE, FIRST CLASS,............................ SPECIAL JUDICIAL MAGISTRATE, FIRST CLASS,............................................. Case No. OF 19 State Complainant Versus Name ...........................................................Age....................................Occupation...... Residence......................................................................................................................... The accused was arrested on............................................................................................. He was remanded to Police/Magistrate custody on........................................................... Was in such custody till....................................................................................................... He was released on bail on .................................................................................................... He is at present on bail/in custody. 1. State.........................................................................Represented by Pleaader Complainant Shri .................................................................................................................................... 2. Accused.......................................................................Represented by Pleaader Shri..................................................................................................................................
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