CRIMINAL COURT RULES

238
CRIMINAL COURT RULES OF THE HIGH COURT OF JUDICATURE AT PATNA VOLUME II. RULES CONCERNING PRINTED FORMS 1. Rules concerning printed forms are contained in the "Rules for the 6 - apply and Custody of Printed Forms" issued by the Government of Bihar and Orissa. The attention of all Subordinate Cri:ninal Courts is drawn to them.

Transcript of CRIMINAL COURT RULES

CRIMINAL COURT RULES

OF THE

HIGH COURT OF JUDICATURE AT

PATNA

VOLUME II.

RULES CONCERNING PRINTED FORMS

1. Rules concerning printed forms are contained in the "Rules for the 6-apply and Custody of Printed Forms" issued by the Government of Bihar and Orissa. The attention of all Subordinate Cri:ninal Courts is drawn to them.

LIST OF AGENTS F.OR 1968.

L Messrs. Etwari Sahu and Sons, Mahendru, Patna-6.

2. Messrs. Motilal Banarsi Das, Book-sellers, Bankipur, Patna.

3. Messrs. Chaudhry and Sons, Law Book-sellers, Mahendru, Patna-6.

4. Messrs. Western Law 'louse, Station Road, Patna.

5. Messrs. Rajkamal Prakashan (Private) Ltd., Patna-6.

6. Messrs. Pustak Mahal, Ranchi.

7. Messrs. Paper Stationery Stores, D. N. Singh Road, Bhagalpur-2.

8. Messrs. Laxmi Trading Co., Padri-ki-Haveli, Patna City.

9. Messrs. Bias Vijaya Press, Jail Road, Arrah.

10. Messrs. Pahuja Brothers, Law Book-sellers and Publishers, Patna-6.

11. Messrs. Bengal Law House, Book-sellers and Publishers, Chawhatta, Patna.

atzi.,.n .

PREFACE TO THE FIRST EDITION.

The forms in this volume have undergone a thorough revision by the Special Committee recently appointed for the purpose by Govern went. The present division of the forms has been found to be misleading and the following classification has been adopted :-

1. Account Forma—

(i.) Occasional Forms.

(ii) Registers.

2. Registers—

(i) Primary.

(ii) Subsidiary.

(iii) Statistical.

3. Judicial Forms.

4. Process Forms.

5. Periodical Returns and Statements.

6. Miscellaneous Forms.

The periodical statements other than annual returns have been very much simplified and their number considerably reduced without in any way diminish-ing their usefulness as a means of exerciqing proper control over the working of subordinate courts. The simnel returns which are indispensible for the preparation of statements required by the Government of India and the Local Government have, however, been left untouched. It has been thought un-necessary to print such forms prescribed by the Code of Criminal Procedure as are used on rare occasions or are not used at all. While therefore, a coal. plete list of Code forms has been given. only tnose forms have been reprinted in this volume which are commonly used, leaving the Courts to refor to the Act itself for the forms omitted, where there is any occasion to do so. The rest of the forma have been duly scrutinised and those that were found possible to be eliminated have been got rid of. Most of the forms retained have been more or less modified to suit the actual requirements. In many instances forms have been amalgamated and in a number of cases a single form has been devised as a substitute for two or more of the existing forms. Several new forme have at the same time been introduced to secure better ad aiinistrative efficiency. The size of the registers has been considerably cut down and every attempt has been made, where possible, to effect a saving in printing and

2

stationery. The result of the revision has been very satisfactory and it is estimated that the number of forms has been reduced by about 38.3 per cent which would mean a considerable, if not a corresponding, saving in clerical labour.

W. S. COUTTS.

BARADA KANTA GANGULY.

AMRITA NATH MITTI1R.

PREFACE TO THE SECOND EDITION,

Volume II of 1922 Edition of the General Rules and Circular Orders (Criminal) of the High Court of Judicature at Patna is now out of print.

In reprinting this volume, as modified up to the end of August, 1953, the opportunity has been taken to correct clerical and printing errors A good deal of changes have also been made in the light of the changes introduced by the Constitution of India, and other Legislative enactments

PATNA : NASIRUDDIN KHAN,

T/tc 2nd Nov ember 1954. Registrar.

PREFACE TO THE THIRD EDITION.

Volume Il of 1953 (Second) Edition of the General Rules and Circular Orders (Criminal) of the High Court of Judicature at Patna is now out of pri❑ t. This has necessitated the reprinting of the book.

In reprinting this volume, which is corrected up to the 1 st March 19c6 opportunity has been taken to remove as far as possible, the clerical and print• ing errors noticed in the preceding edition. A good deal of changes in the forms have been made in the light of various Legislative enactments. The nhme of the book hay also been changed from ' ,High Court General Rules and Circular Orders kCriminal)" to •'Criminal Couit Rules, 'Volume II".

PATNA HIGH COURT : S. WASIUDDIN,

The 201h Apri 11968. Registrar.

Rules by which prescribed

Dr scription of Form. Form no. I Form no. old. new.

LIST OF FORMS IN',APPFINDIXIA.

I. LIST OF ACCOUNT,,FoRMS.

(a) Occasional.

1 2 8 4

Volume 1.

Part. Rule.

(M) 1 (A) 1 Chaise ••• ••• --• VIII 279

(M) 2 (A) 2 Payment Order ... ... 1. 279

(M) 3 (A) 3 Refund of Lapsed Deposits ... .., ,f 287

(M) 4 (A) 4 Refund of Revenue .. ,.. •1 288

(M) 7 (A 5 Advice List t,-) Treasury for chequ3s issued above Rs. 100 in amount.

4 10 288

(M) 8 (A) 6 Daily Advice List from Treasury ... ... ft 295

New (A) 6•A Monthly statement of total peremptory receipts and dlobursements.

„ 208

(M) 9 (7 Statement of Lapsed Deposit!! ... ••• It 316

(M) 10 (A) 8 Extract Register of repos': e above Re. 6 ....1 808

(M) 202 (A) 8-A Bill for diet and travelling al:owance to witnesses.

(M) 203 (A) 8-B Cheque hook for diet and travelling expense. of comp i, bents and witnesses.

New (A) 8-C (*) Plus and minus memorandum of deposits ... VIII 8C8 (a)

(*) Form no. (A) II of Volume II, Civil, should be used. 22 H. 0,-1

LIST OF OF FORMS INIAP PE g DIX 1A.

I. LIST OF AOCOUNT,,FoRMS.

(a) occasional.

Form no. I Form no. old. new.

1)cs.3ription of Form. Rules by which prescribed

1 2 3 4

Volume I.

Part. Rule.

(M) 1 (A) I Chelan ••• •-• VIII 279

(M) 2 (A) 2 Payment Order ... ... 111 279

(M) 3 (A) 3 Refund of Lapsed Deposits ... ... ., 287

(M) 1 (A) 4 Refund of Revenue ,.. ,.. 19 288

(M) 7 (A 5 Advice List ti Treasury for chequ3s issued above Rs. 100 in amount. I

,7 288

(M) 8 (A) 6 Daily Advice List from Treasury ... ... Ft 295

New (A) 6-A Monttly statement of total peremptory receipts and di,bursements.

„ 208

(M) 9 (7 Statement of Lapsed Deposits ... •-• 1. SI&

(M) 10 (A) 8 Extract Register of Deposi;s above Es. 5 ... SOO

(M) 202 (A) 8-A Bill for diet and travellit g arowance to witnesses.

(M) 203 (A) 8.B Cheque hook for diet and travelling expenses of comp t< inants and witnesses.

New (A) 8•C (*) Plus and minus memorandum of deposits ... VIII 8C8 (a)

(*) Form uo. (A) 11 of Volume II, Civil, should be used.

22 H. 0,-1

3

I. LIST OF ACCOUNT F0RMS--...00/261d4

(b) Registers—concld.

By which Period for Court to be which to be maintained.i preserved.

Form no. Form no. Rules by old. new. Description of Form. which

prescribed.

4 I b 6 1 2

(M) 25 (A) 18 Quarterly Balance Sheet of Fines.

Government Die t r i c t Rules and Sub-

relating to divisional Sues, Part Magistra- VIII, tee. Appendix IV, Rule 22.

Twelve years.

(A) 19 Thana Registor of warrants for the levy of Fines.

(A) 20 Fine Register of Benches of Magistrates.

Register of Contract Ou dugout Charges.

Ditto, Rule 25.

Government Rules rela- ting to fines. Fart VIII,

Appendix V, Rule 1.

Government Account Rules.

At police-stations.

Benches of Magis-trates.

District Magis-trates.

Ditto.

Not speci-fied.

Twelve years.

Ditto Register of Contingent Ditto Charges.

Ditto.

(M) 28

(M) 27

(M) 28

(M) 29

(A. 1

(A) 22

OP REGISTERS.

I

Form no. new. Name of Register.

By what Court to be

maintained.

Period for

v hint] to be preserved.

Form no. old.

5

(R) 1 Register of—

(1) Complaints of offences (2) Unimpor ant case-s sent

up by the Police in which a first infor• mation report is net used. Miscellaneous macs.

(R) 2 Magis'rates, General Rcrti=ter of cases cognizable ty the police.

(R) 3 Trial Register

Register of— Appeals Revision cases.

(3)

Courts em oivered Seven years. to receive com- plaints.

(M) 30. 82 33 emerge-ma ed.

(M) 81

(NI) 34

M) 86 *i,36

(M) 37

New

Ditto.

Dtt o.

Ditto.

District and Sub-divisions' Magis-trates.

Criminal Courts

Courts of all Magistrates and

Magistratee and

lattice of the Sessions Judges.

2 y 'ars

Till all ,_ the prisoners ' en- tered in it have been released.

To l o destroyed after two years from the date of apprehension, sur,ender or death of all the persons whose cases are rioted in the register.

2

3

4

Register of applications under section 77 of the Vidige Adru'nistiati3n Act and under section 73 of the Bihar Pauchayat Raj Act.

Register of Warrants of Imprisonment.

Register of Absconders

(It) 4

(11) 4-A

(It) 5

(It) 5-A

District and Subdi- visional Magistrates.

Magistrates who do not maintain Registers (l1) 1 and (11, 2.

Appellate Courts

II. LIST OF REGISTERS—contd.

Form no. old.

Form no. no

By what Court

to be maintained.

Period for which to be preserved.

Name of R - gister.

3 4 1

2

(M) 38 (It) 6

(M) 40 (R) 7

(M) 41 (R) 8

(M) 43 (R) 9

(RI 10 (R) 11 (a)

(R) 12

Diary

Daily Reg'ster of Court-fees realised.

Register of attendanc of witnesses.

Register of processes received for issue.

D eletr d. Register of Pleaders and Mukhtars.

Court I-spectors' Daily Book of prisoners to be brought before the Magis-trate.

List of Reco,ds sent to the District Record roim.

All Crim ins! Courts

Ditto

Ditto

Depart m.of res- ponsible for serv-ing processes.

Courts of District and Sub sio 1 Magistra-tes.

Court Inspectors

Al. Criminal Conrts

Three years.

Ditto.

Ditto.

Ditto.

For ever.

Not specified.

As long as the r cords are pr servei in Dis:r:ct Magis-trates Courts.

(M) 44 (M) 46

(M) 47

(M

(M) 49 List of the Record of Sessions easest Criminal

Appeals and Recision Cues, sent to the Sessions Judges Record room.

Ses.zione Judges As long as the and A 'clitiona. recoris are and Assistant oreserved in Sessions Judges. S•ssions Judges

Courts.

New

New IR) I4B

New (11) 16

Register of requisitions for recJrds issued.

Register of Bereipts and Issue of printed forme.

All Criminal Cour!s

All Criminal Courts

All Criminal Courts

Six years.

Six years

Not specified.

(11) 14A Regist r of requisitions for record received.

(11) 18

14

101•11i13..•••• •a••••••••••••••••mf • — (a) Form no. (11) 24 of Volume II, Civil, shou.d be used.

(M).71. (i)

(M) 51 (11)

(M) 52

(M) 53

(M) 54

New

New

(R) 16

(R) 17

(R) 18

(R) 19

(It) 20

(R) 21

11) 22 (a)

(Ii) 28

(R) 24

6

II. LIST OF REGISTERS—concld.

Form no. old,

Form no. new. Name of Register.

By what Courts to be

maintained.

Period for whisk to be preserved.

1 2 1

5 $ 4

Courts of District and Snbdivisional Magistrates.

Register showing under each head of crime, tho number of offenoes reported. of oases shuck off as false or brought to trial, and of persons acquitted, d4charged or convicted.

One year.

One y ear.

Instruction■ for filling up the above Register.

Register of oases decided ... Courts of all Magistrates.

Courts of District Not specified, Judges and Dis-trict Magistrates at Seder and the principal Magis-terial and Civil Judicial Officers at other stations.

Courts of Sessions Twrlve years. Judges and Addi- tion, I and Ass's- taut Sesisons Judges.

Courts or District Three years from Magistrates end the dale of the Subdivi s i o n al last ord, r of re Magistrat, 8 of commitment. outlying subdi- visions.

1

Deleted

J

Register of

Clerks Pleaders

of Mukhtars.

Register of Sessions oases ...

Register of Bail orders

(a) Form no. (11) 26 of Volume II, Civil,.should be used.

Form no. Form no. old. new-

Description of Periodical Returns or Statements.

By what Courts to be prepared and submitted.

To what Court to be submitted.

1

2

3 4

Subordinate Magis-trates.

(Additional and Assistant Ses.

I stone Judges.

ISessions Judges ..

I Ditto

Subordinate Magistrates.

I District Magie-I trates.

District Magis. trate.

Sessions Judges.

High Court.

Ditto

District Magia trat a.

High Court.

District Magistrates High Court.

(M) 65 (S)

(3I) 68 (S) 2

New (8) 2A

(M) 60

New

(S) 8

(5) 3A

(S) 4

7

HI. LIST OF PERIODICAL RETURNS AND STATEMENTS.

MONTHLY RETURNS.

Statement of the Files in the Courts of Subordinate Magistrates.

Sessions statament

Special statement showing adjourred cases.

QUARTERLY RETURNS.

Statement A of persons tried, convicted, etc., of cases brought to triN1 etc., and of miscellaneous rases, appeals, etc., before Magis-trates.

Concise statement of out-turn of work of Magistrates employed in criminal courts in the aistrict of dur ng ..... , ...quarter of 19

Statement B showing the Additional and Sessions Judges.

number of cases and persons Assistant &s- and of appeals, etc., before I sions Judges. and the results of trials in .1

Sessions Judges ... High Court.

Courts of S esions.

8

LIST OF PERIODICAL RETURNS AND STATEMENTS•-•-00nti•

2 3 4 5

( Subordinate I Magistrates.

Statement showing the number of offences reported I District NIagis- eta., and of persmos trates- acquitted convicted, its. I

(M) 04 iS) 7

ANNUAL STATEMENTS.

(M) 02

(M) 03

I Additional and I Assistant Se i•

sions Judges.

S2ssions Judges

I District Megis-trates.

Subordinate Ma. g ist aces.

Additional and Assistant es- sions Judges.

Sessions Judges

District Magis-trates.

Sessions Judges.

District M tr _des. trat

High Court.

District Magis-trates,

High Court-

District M agis-trates.

Sessions Judges.

District Magis-trates.

High Court.

List of Judici -d Divisions number of officers employed end the receipt and claaraes of C.iminai Courts.

(S) 5

(S) 6

Statement of Miscelisneous cases under the Criminal Procedure Code.

1

Form no, old.

Form no. new.

Description of Per;olical iteturns or StatemoLts.

By wly,t Courts to be prepared

kubmitted.

To wha', Court to be submitt.d

9

III Lin OF PERIODICAL RETURNS AND STATEMENTS—COAT.

Form no. old.

Form no. new,

Description of Periodical Returns or Statements.

By what Courts to be prepar,,a and submi-ted.

To what Court to be submitted.

1 2 3 4 5

ANNUAL STATEMENTS— conckl.

• 1 (M) 65 (S) 8 Statement shlwing • the

results c f trials before Criminal Courts.

(M) 65 (S) 9 Statement showing the punish merits i dieted by t mute of original Jurisdiction.

Subordinate Ma-gistrate.

District M agis- trates.

(U) 67 (S) ICI Deleted Sessions Judges. District Magis- trates.

(M) 08 (9) 11 Statement showing the results of appeals and applications for revision in

District Magis- trates.

High Court.

Criminal Courts.

(M) 69 (S) 12 Statement showing the use of Jurors in Criminal Courts. J

(M) 70 (S 19 Deleted •••

ANNUAL TABLES.

(al) 75 and 76

(S) 1i Statement showing the det ration of witnesses, the number of witnesses discharg- ed with, ut exami. ation

I uhordirate Ma- I gistrates.

District Magic- tzaLvi.

and the amount paid as expenses.

I District Magis- : trates and See-

High Court.

1 sions Judges.

10,

IV. LIST OF MISCELLANEOUS FORMS.

Form-no. old. Form no. new. Description of Form.

(M) 94

(M) 95

(M) 95.A

(M) 83

(M) 84

(M) 85

(M) 87

(M) 88

(M) S9

(M) 91

(M) 92 and 93

(M) 97

(M) 98

(M) 99

(M) 1 (a) Form for recording deposition

(M) 8

(M)

(M) 10

(M) 11

(M) 12

(M) 13

(M) 14

(M) 2

(M) 3

(M) 4

(M) 6

(M) 7

(M) 6

Form for recording confessions.

Form for recording examination of accused.

Letter to Civil Surgeon to hold post-mortem examination.

Letter to Civil Surgeon to examine if person is fit to receive stripes.

Letter to Civil Surgeon to examine person said to be insane.

Letter from committing Magistrate to Sessions Judge notifying commitment.

Letter to District Magistrate intimating the date fixed for the trial of cases committed by a Magistrate to the Sessions Court.

Court's certificate to be given to Government or Local Fund servants who attend Courts and witnesses.

Letter to the Civil Surgeon requesting him to attend to give evidence before the Sessions Court.

Letter to the Chemical Examiner re qesting him to send his report to the Court of Sessions.

Petition of Appeal.

Letter calling for records under section 421 or 435, Criminal Procedure Code.

Notice of hearing appeal under section 422 and call for-records under section 423, Criminal Procedure Code,

(a) Form no. (J) 12 of Volume II, Civil, should bo used .

New

(M) 104

(M) 106

• •

(M) 107

(M) 108 and 109

(M) 110 and 111

New

(M) 17-A

(M) 18

(M) 19

(M) 19-A

(M) 20

(M) 21

(M) 22

(M) 22-A

(M) 23

(M) 24

(M) 101

(M) 102

(M) 103

11

IV. LIST OF MISCELLANEOUS Forums—contd.

Form no. old I Form no. new . Description of Form.

Letter to Public Prosecutor instructing him to appear.

Heading of Judgment of Appellate Court.

List of Criminal Appeals decided to be forwarded by the Appellate Court to the Superintendent of Jail for communication of result of appeal to prisoners.

Form for intimating orders in Criminal Appeals and Motions.

Letter from the Superintendent of Jail forward-ing petition of appeal to the High Court.

Order Sheet for Magistrates' Records.

Order Sheet for Magistrates' Records (2nd page).

Order Sheet for Sessions Records.

Combined Title page and Table of Contents.

documents List of admitted in evidence in Crimi-

nal Courts.

Complacent Applicant

List of documents produced by A oilas a d — Opposite-party.

Notice to take back documents.

Letter accompanying a Record and Memo. of acknowledgment.

12

IV. LIST or MIKELLANEocrs FoRms—contl.

Form no. old. Form no. new, Deacription of Form.

Letter advising the Despatch of a Record.

Deleted.

Summons to accused person. Section 68, Crimi-nal Procedure Code.

Warrant of Arrest. Section 75, Criminal Pro-cedure Ccde.

Bond and bail-bond after arrest under a warrant. Section 86, Criminal Piocedute Code.

Proclamation requiring the appearance of a per-son accused. Section 87, Criminal Procedure Code.

Proclamation requiring the attendance of a witness. Section 87, Criminal Procedure Code.

Order of attachment to compel the attendance of a witness. Section 8s, Criminal Procedure Code.

Order of attachment to compel the appearance of a person accused. Section 88, Criminal Procedure Code.

Order authorising an attachment by the Deputy Commissioner as Collector. Section 88, Crimi-nal Procedure Code.

(M) 114

(M) 115

(M) 116

Criminal Process(1)

Ditto (2)

Ditto (3)

Ditto (4)

Ditto (5)

Ditto (6)

Ditto (7)

Ditto_(8)

(M) 34

(M) 35

(M) 32

(M) 33

(M) 25

(M) 26

(M) 27

(M) 28

(M) 29

(M) 30

(M) 31

Warrant in the first instance to bring up a wit-ness. Secticii 90, Criminal Procedure Code.

Warrant to search after information of a particu-lar offence, Section 96, Criia-inal Procedure

(M) 36

(M) 7

Ditto (9)

Ditto (10)

13

IV, LTST OF MISCELLANEOUS FORMS-0021N.

Form no. old. Form oo. sew. Description of Form.

Criminal Process (11)

Ditto (12)

(M) 38

(M)3 9

(M) 40

(M) 41

(M) 42

(M) 43

(M) 44

(M) 4

M) 46

(M) 47

(M) 48

Warrant to search suspected place of deposit. Section 98, Criminal Procedure Code.

Pond to keep the poace. Section 107, Criminal Procedure Code.

Bond for good behaviour. Sections 108, 109 110, Crimnal Procedure Code.

Summons on information of a probable breach of the peace. Section 114, Criminal Proce-dure lode.

Warrant of commitment on failure to find security to keep the peace. Section 123, Crimi-nal Procedure Code.

Warrant of commitment on failure to find security for good behaviour. Section 123, Criminal Procedure Code.

Warrant to discharge a person imprisoned on failure to give security. Sections 123, 124, Criminal Procedure Code.

Order for the removal of nuisances. Section 133, Criminal Prccedure Code,

Magistrate's Order constituting a jury. Section 138, Criminal Procedure Code.

Magistrate's notice and peremptory ordsr after the finding by a jury. Section 140, Criminal Procedure Code.

Injunction to provide against imminent danger pending inquiry by jury. Section 142, Crimi-nal Prceedure Code.

Ditto (13)

Ditto (14)

Ditto (16)

Ditto (17)

Ditto (18)

Ditto (19)

Ditto (20)

Ditto (21)

Eitto (22)

14

IV---LIST OF MISCELANEOUS FoRms.---contri,

Form no. old Form no. new.

Criminal M) 49 Process (23)

Ditto (,24) (M) 50

Ditto (25) (M) 51

Ditto (26) (M) 52

Ditto (27) (M) 53

Ditto (28) (M) 54

Ditto (29) (M) 55

Ditto (30) (M) 56

Ditto (31) (M) 57

Ditto (32) (M) 58

Ditto (33) (M) 69

Description of Form.

Magistrates' Order prohibiting the repetition, etc., of a nuisance. Section 143, Criminal Procedure Code.

Magistrates' Order to prevent obstruction, riot, etc. Section 144, Criminal Procedure Code.

Magistrates' Order declaring party entitled to retain possession of land, eta., in dispute. Section 145, Criminal Procedure Code.

Warrant of attachment in the case of a dispute as to the possession of land, etc. Section 146, Criminal Poocedure Code.

Magistrates' Order prohibiting the doing of any-thing on land or water. Section 147, Criminal Procedure Code.

Bond or bail bond on a preliminary inquiry before a Police Officer. Section 169, Criminal Procedure Code.

Bond to prosecute or give evidence. Section 170, Criminal Procedure Code.

Notice of commitment by Magistrate to Govern. ment Pleader. Section 218, Criminal Pro-cedure Code.

Warrant of commitment for intermediate custody in cases committed to the Sessions. Section 220, Criminal Procedure Code.

Charge with one head. Sections 221, 222, 223, Criminal Procedure Code.

Charges with two heads. Sections 221, 222, 223, Criminal Procedure Code.

15

IV. LIST OF MISOELLANICOUS, FORMS— contd.

Form no. old Form no. new. Description of Form.

(M) 60 Charges with three heads. Sections 221, 222, 223, Criminal Procedure Code.

Charges with four heads. Sections 221, 222, 223, Criminal Procedure Code.

Criminal Process(34)

Ditto (35) (M) 61

Ditto (36) (M) 62

Ditto (37) (M) 63

Ditto (38) (M) 64

Ditto (39) (M) 65

Ditto (40) (M) 66

(M) 66A

Ditto (41) (M) 67

Ditto (42) (M) 68

Ditto (43) (M) 69

Ditto (44)

Charge after a previous conviction. Section 221, 222, 223, Criminal Procedure Code.

Warrant of commitment on a sentence of im-prisonment or fine passed by a Magistrate. Section 245, 258, Criminal Procedure Code.

Form to be attached to all warrants of commit mont. Sections 245, 258, Criminal Procedure Code.

Warrant of imprisonment on failure to recover amends by attachment and sale. Section 260, Criminal Procedure Code.

Summons to witness. Sections 68, 252, Criminal Procedure Code.

Summons to produce documents, etc. Section 94 of the Criminal Procedure Code.

(Deleted.)

(Deleted.)

Warrant for intermediate custody. Section 344, Criminal Procedure Code.

(M) 70 Warrant of commitment under sentence of death. Section 374, Criminal Procedure Code.

Criminal Process (45)

Ditto (46)

Ditto (47)

Ditto (48)

Ditto (49)

Ditto (60)

Ditto (54)

Ditto (55)

Ditto (56).

(M) 71

(M) 72

(M) 73

(M) 73 (i)

(M) 73 (ii)

(M) 74

(M) 75

(M) 76

(M) 77

(M) 78

(M) 79

16

IV. LIST OE MISCELLANEOUS FORMS—contd.

From no. old. Form no. new. Description of Form-

Warrant of execution on a sentence of death. Section 381, Criminal Prccedure Code.

Warrant after a commutation of a sentence. Sections 381, 382, Criminal Procedure Code.

Warrant to levy a fine by distress or sale Section 386, Criminal Procedure Code.

Warrant for realisation of fine.

Bond for appearance of offender released pending realisation of fine.

Warrant of release on appeal. section 423, Criminal Procedure Code.

Warrant for use by Appellate Court when sen-tence is modified on appeal. Section 423, Criminal Procedure Code.

Order by the Sessions Judge for the release of a prisoner on bail. Sections 426, 438, Criminal Procedure Code.

Warrant of commitment in certain cases of con. tempt when a fine imposed. Section 480, Criminal Procedure Code,

Magistrate's or Judge's warrant of commitment of witness refusing to answer. Section 485, Criminal Procedure Code

Warrant of imprisonment on failure to pay main-tenance. Section 488, Criminal Procedure Ccde.

Criminal Process (67)

Ditto (58)

Ditto (58E)

Ditto (58F)

Ditto (59)

Ditto (60)

Ditto ((i1)

Ditto (62)

Ditto (63)

Ditto (64)

Ditto (66)

(M) SO

(M) 81

(M) 84

(M) 85

(M) 80

(M) 87

(M) 88

(M) 89

(M) 90

17

IV. LAT OF MISCELLANEOUS FollIES--cordcl•

Fora no. old. Form no. new. Description of Form.

Warrant to enforce the payment of maintenance by attachment and sale. Section 488, Criminal Procedure Code.

Bond an bail-bond on a preliminary inquiry or trial before a Magistrate. Sactions 496, 499, Criminal Procedure Code.

Bond and bail-bond on appeal

Bond and hail-bond on appeal against acquittal.

Notice to bailor to produce a person released on

Warrant to discharge a person imprisoned on failure to give security. Section 500, Criminal Procedure Code.

Ocuirnission to examine a witness. Sections 503, 506, Criraina Procedure Code.

Warrant of attachment to enforce a bond. Sec-tion 514, Criminal Procedure Code.

Notice to surety on breach of a bond. Seotiou 514, Criminal Procedure Code.

Notice to surety for forfeiture of bond for good behaviour. Section 514, Criminal Procedure Code.

Warrant of attachment against a surety. Section 514, Criminal Procedure Code.

Warrant of cop roitment of the surety of an accused person admitted to bail. Section 514, Criminal Procedure Code

22 H. C%---2

Ferns no. old Form no. new. Description of Form.

(M) 96

(M) 97

(M) 97-A

(M) 98

(M) 99 (a)

Warrant for production of a prisoner in a Civil or Criminal Court to give evidence or to answer a charge. Sections 35 and 37, Act III of 1900.

Warrant for detention in a Reformatory. Act VIII of 1897, Sections 8 and 9.

Notice to be issued in cases under section 113 of the Indian Railways Act, 1890.

Daily Cause List.

Form of card for pleaders' and Mukhtars' regis-tered clerks.

Criminal Process (66)

Ditto (67)

Ditto (68)

Ditto (69)

Ditto (70)

)itto (71 and 72).

Ditto (73)

New

(M) 91 Notice to the principal of forfeiture of a bond to keep the peace. Section 514, Criminal Proce-dure Code.

(M) 92 Warrant to attach the property of the principal on breach of a bond to keep the peace. Section 514, Criminal Procedure Code.

(M) 93 Warrant of imprisonment od breach of a bond to keep the peace. Section 514, Criminal Pro-cedure Code.

(M) 94

(M) 95

Warrant of attachment and sale on forfeiture of bond for good behaviour. Section 514, Criminal Procedure Code.

Warrant of imprisonment on forfeiture of bond for good behaviour, Section 511, Criminal Procedure Code.

is

IV. LIST OF MISCELLANEOUS POEMS —collet/.

(a) Form no. (M) 21 of Volume II, Civil, should be used.

19

corm no. (A) 1 [(M) 1, Old].

Cholan.

N. 13.-1 A.-G.,B., Form no. 1E3 of Schedule LIII is to be indented for and used ).

20

Form No. (A) 2 [(M) 2, Old].

PAYMENT ORDER.

Part f .—Application for payment of Judicial Deposits (to be filled in by the Applicant).

Name of appli- cant, etc

Date and purport of the

Court's decree or order.

NEITIIII8 of the parties in the case

and number of the suit.

Date of deposit,

Amount to be n .„ emarks paid.

...

1 2 3 4 b 8

. .•••••.•••••••••••,....

Rs. P.

Date Examined and found correct.

Signature of Chief _Ministerial Officer.

Signature of applicant.

Signature of Presiding Officer.

21

Form No, (A) 2, [(M) 2 010—concld,

PAYMENT ORDER.

Part 11.—To be filled in, by the Court or under its orders.

I i

Court's Chelan no. I 1 I 1

and Chelan date of I Court's no. and

the original deposit ' Amount 1 At whose

from which the date of the orlginal l deposit.

in I credit in

payment is sought. 1 deposit.2 1 deposit.

tI

Serial number' and date of

payment order.

1 2 3 4

6

Officer in charge of the Treasury at To the ---

Cashier of the Please pay as above to

Signature of Court's Accountant. or order Rupees 2

fignature of fudge in rkarr. 1*.....••••••••~..••••,•••••••••.••

'As per Court's Register of Deposits received [Form No. [(A)

'Words and figures.

NOTE 1.—This order is not payable more than ten days after date without a renewal enlacement by the Court, and it absolutely lapses and ceases to have effect on the 3 fat 51arch next.

NOTE 2.—Payee is hereby to take notice tbat after tender and payment of this order, the Treasur” Officer will admit no further responsibility, It is the duty of the payee to Fee to the proper custody of this document until it is cashed.

NOTE 3.—The signature below the words "Ziramined and found correct" in Part I most o f course be held to indicate that the officer signing the certificate has satisfied himself "that the applicant is the proper party to receive payment of the amount claimed," and that the particulars stated are correct ; while the Judge In charge will be responsible that thP+ amount claimed is in deposit, that there is no bar to paymen t, and that the name of the claimant corresponds with that of the payee entered in his Register.. (Accountont-Gt moral's

No. 45-TM, fivied MIL Anvil 1882.!

22

Part III.—To be filled in at Treasury (or at ('oust if payable there).

Received contents, Rupees

Stamp of ten psis, if

or nose than Rs. 20.

Signature of Disbursing Cashier.

Treasury No. Pay rupees

The 19

Pare-s signature.

Examined and entered

AcCOUretant•

Admitted in full.

For use in Accountant-General's Office.

Auditor.

Admitted Re Objected Rs.....,.

Grounds of objection,

Form No. (A) 3 [(M) 3, Old]•

Refund of lapsed deposits.

N. B.—(A.-G., B., Form No. 181, Schedule XXV is to be indented for and used.)

passed for Payment. Magistrate or oth.er off iccr

Pay Rupees ( ) only. Stamp

if required.

Accountant. Officer in charge cf Trfa,cury.

CE!'1' cei

en •

0

O 0 0 •

0 P

e'S

of

ItA

men

at r

eal

ise d

.

"Le

0 0 0

0

1 2

District of

Read of Ser-vice charge-

able.

24

Form No (A) 4 [(M) 4 Old].

Refunds of Revenue.

Refunds a - d Drawbacks.

Voucher numeer of List of payment for 19 .

4 5

6 7 8 9

Received payment. glaimants signature.

The 19 .

Examined.

This order of refund has - been registered and noted against the original receipt entry in the departmental account under my initials, and previous order for refund of the same: sum has not been issued.

Signature---

Designation

Date

Reasons.

Authority. Sanctioned Controlling Officer or

No.— —, date—.

Norn 1.—This order is not payable more than ten days after date without a renewal efface,: went by the Conte, and it absolutely lapses and ceases to have effect on the 31st March next.

NOTE 2.—No useful check can be exercised over refunds of revenue in the account office, except, in cases where full details of the collections of such revenue are received in that office either in the Treasury Accounts or other documents, e. g.. Fine Statements. It is therefore essential tbat every refund should be noted against the original credit in the Department it Accounts. where all "urns arc entered in details This voucher for refunds provides for a certificate of such note having been made. The officer who received the amount should fill it columns 1 to 5 of the form and sign the certificate in column 10. while the Treasury Offic r or the sub-Treasury Officer should verify the credit by means of the particulars iu columns 4 and 5 and affix his signature in column 6 in token of his having dons so The sanction for the re and may either be given on the voucher itself or quoted in it, a certified copy being attached rhen such orders are not separetely communicated to the Audit Office. —Articles 99 ane4.1qo of

ti; 4 Civil Account Code, Vol. 1,

Nap

a, o

f p

ayee

. -0

O mw

0 "CI 0 0 O 1=1 al 0 •1

Certificate of depart- meutal note of

refund.

10

95

Form No (A) 5 [(M) 7, Old].

ADVICE LIST TO TREASURY FOR CHEQUES ISSUED ABOVE RUPEES 100 IN AMOUNT.

To

The Officer in charge of the Treasury.

at

Dated 19 a

I beg to advise having today issued upon you the undernotod cheques for sums exceeding Re. 100, amounting in the aggregate to Rupees

* Amount to be entered in words.

Yours faithfully,

Magistrate.

ierial num- ber of pay- merit order

To whom payable. Amount.

Date of

payment.

-------

Amount Paid'

Initials of Treasury

officer checking issue.

,, . 8 ct. c4

6 7 1

2 3

4

Rs. P. R. p.

Det

ailed H

eads

of

Pay

men

ts.

"Ronrsiled dwiis jo panwg

'inloOdep wa03 Tia!taTzo to 114.0 ;43 2 s u sinkedea

•113edoad pentptio -tin ;43 pumps

STIODMISONIVI

•30p3o 1170131 -lid jo 91sp milmoD

'top° lam sql jo 'on saaik 09

.sidisaez Moj,

at

22piodot3 unoo linitzpo to

•nitioq3 ;o eisp voznoo

O

f

V

Det

ai le

d H

eads

of

or

b-

qt4

0 0 ow ow es

0 S.

•Ctl

ori

If]

011

Gra

nd T

ota

l...

24

'AsnoviAld lgioy

O ot;

ac;

z 0

0

Date

of la

s t p

rior

tra

naa

cti

onl.

* Because the amount has already been incorporated in Treasury.

.1- Because the amount will not appear in Treasu7 account during the month.

Total RB......

(D) Balance in hand Abstract for use in Treasury.

Receipts. (A) (B) (ii) Rs

*Deduct (C) (i) !Deduct (D) Es.. • •

A.-G.'s office

Auditor.

Balance Rs..... Balance Rs......

Posted on the receipt side Rs.....and on the payment side Rs.. ...per contra

• • •

• •

Treasi'y Officer

Superintendent.

Payments. (C) (ii) Re....

*Deduct (B)(i) Rs •

Re... .........

27

Form No. (A) 6 A.

Monthly statement, of total peremptory receipts and disbursements for the month of

The account of Nazir's money for the month of

(A) Balance in hand .. Rs. • • • • • • (B) Total receipts during the month .. • • Rs.

Total

(i) Withdrawals from Treasury Re. • • • •

(ii) On other account Re.....

Es• • 9.• • I 1

111•••••••

Total Re.... ....

(C) Total payment during the month .... (i) Into the treasury Re.

Es.

(ii) On other account

_— Forwarded to the Treasury Officer........ ..... , for incorporation in the Treasury accounts for the month of.........

Designation.

N. E.—Form No. (A) 9-A of the Civil Court Volume lf, is to he Indented for

end used.

28

Form No. (A)7 [MR:

iSrtateinent of Lapseit Do9;sits.

N. B.—(A.-G., B., For* No, 15 of S0e411.10 XXV ifi to be indonted for a nd rood).

20

Form Na. (A),8[(M)10, Old]

Extract Register .(.4.Dp:.).8it Receipt above R.s.

N. B.—(A.-G., B., From No. 6 of Schedule XXV is to be indented for and used).

CD • O CD cp ATE 0 0 O 0

O's -2.

LS

cc

07 Des

igna

tion

..

30

t3 'FiD1113Llt OU

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o `g sataupo ploy

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ance

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Dep

uty,

Ass

ista

nt o

r Jo

int

May

istr

a'e

.

To

who

m p

aya

ble

Tr a

vell

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allo

wan

ce u

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ause

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der c

laus

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••••=1•••••",- ...,...--•T•11•••••••••••••••"

Rs.

Balance of last month

Amount of A deposits received during the month.

Amount of B deposits received during the month.

f Repaid during the month .. Not repaid during the month..

f Repaid during the month .. Not repaid during the month

Form No. (A) 8 C.

Plu., and minus memorandum of deposits in the Court of .. • •• • • ...• .of ..... ........ .. for the month of ..... ..... —10

Total

Received

I

Received

Received during the

in all previous years last year • •

P.

Amount of B deposits during the month.

Amount of A deposits repaid during the month. (Previous

months.

current year. 1 Current month.

repaid 5 Received during 19 19

(Received during 19 19

Total

Balance of deposits outstanding

• •

• •

• -••••••••

CERTIFICATE.

Certified that on a comparison of Treasury Advice with the postings therefrom in the Registers of Payment Orders, of Deposit Receipts and of Repayments the amounts entered above as received and paid are correct.

The 19 . Magistrate in charge.

3.Com—The repayments of B deposits received in the year or account and the year next preceding should he shown separately.

Form no. (A) 11 of Schedule XLII at page 54 of Volume II, Civil Court Rules is to be indented for and used.

22 H, 0.-3

• IM

34

Form No. (A) 9 [(M) 13, Old].

Register of payment orders issued by 11u3 month of

in the 19

Date.

.0 g

E, (la "

• •

NMa

1:1

ce

• 0 u O o

cD • 0 CD • Q as

▪ Ei

3 4

Amount cashed in Treasury.

5

7 1 8 9

To

who

m p

aid

.

Magiatrate o

f the

co ce

N oi 3t. —After m onthly totals of of repayments of The difference. if tLeso which kayo

the receipt of the Treasury Advice frr the last dvy of the month, the this register should be compared with the monthly totals of the registers deposits, and of any refunds of lima Or mi,celianeone receipts granted. any, will he due to orders granted, but not cashed, and the amount of

lapsed should be written off.

35

TREASURY -PASS-BOOK.

Form No. (A) 10 [ (NI) 14 Old ].

Remittance from the Court of the District Magistrate of .. ...

To be maintained by Magistrate of the District and to be preserved for 12 years.

Date of remittance

Court's serial Court's

Ilead of Account under which to

Signature or initials of

to the number of particulars be scheduled Amount. Treasury Treasury. uhalan. I of zeeipt. at Treasury. Officers.

3 I 4 6 6 1 2

Re. P.

86

Fo

rm N

os

. (A

) 11

(i)

etuoveof; 01 pal -ipeao p0opoodgi JO

I .10 VI a Cla DU gawp 03 1301.31/30 goagtou

- ImealledoJ te3041,

•Jo0;130 tgoori JO .0:311q0 ut raper Jo

luoaardea /toga ;o lnnomN

•olga

'14)0 MO

MOO/ JO '0:111q0

111 pti f Jo SIONrI

•auoaavdaa qove 2unotov

'olva .0 -----

'anogjo !tool ao '09aeun ur oSpnr jo tomtit;

•Ittotruilia0a tiogo annotliv

'also

CV

.asolo0 itao; an '0211Mo of ol?pur Jo slumu;

•luotageoloa co go Be jc, ninon' V

'018(3

• lei o,t Mtn now

'IOOD)0 TV00,1 JO Gamin -u; aSprip sitqllui

•2;soodap gnu° ;o lunoury CC

--- •09,Secl ouava

4 mirodop JO oanzug 40

I[ 'um, Jo tiftwsp gl<<tit peArenaa wog& MO.

• emp 944 pug taboulD ao uuleqo Jo •og

•lisodop gore Jo •Ou Allooeguoo tonwilv 0a

•Idlonaz ;o um/ -4

I

7, aa i4 .:7 ma !

la 'go. iF2 >-, a,

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37

•a2ntio aj saptir ;co erelijui

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....., 0 ...

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-Y011, 4U .10 2.1000 7t laapao loom

-Sgd ftiqsno Jo nvo

.)!Rodep CO Jo ealluitq an Innotav

•sld!ooall Jo xaSejSeg nd as logging

ldoloax io

De t

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of

Dep

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s.

Fo r

ms

Nos

. (

A) 1

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(M

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38

Form No. (A) 13 [(M) 17, old].

Clearance Register of Deposits.

N. B., Form No. 14 of Schedule XXV is to be indented fol: wad used.)

1

crA Tt

39

iti

00 O

F-4

• , 0 ;-4 t.....

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...:4

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r4 '2010911 9111 n! ..-/ i aecitanu goinoostwo I

40

Form No. (A)15 [(M) 12, old].

Register of Counterfoils of cashier's receipt granted for Cash receipts

B.—(Board of Revenue Form No, 484 of Schedule XIV Is to by -indented for and used.)

41

Form No. (A) 16[(M) 22, Old].

General Cash Book.

AT,B.,(Bnard of Revenue Forth No. 46 of SebeduV Xjit is to be indented for and used.)

7 1 6

O

10 11 1 12 13

Con

s( c

utI

ve u

un

ate

r.

Nu

mb

er o

f case

.

Nam

,' o

f o

f fice

r im

p..a

ing

f ine.

Dat •

of

is-m

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f w

arra

nt.

1 2

Off

e nce

and

da

te o

f ae

tte

nce

retu

rn o

f w

arra

nt.

11.1•Mr/ //OM/

Imperison-mem

in

de

fau

lt o

f fi

ne.

4

CID ..km

ou

.,t o

f ti

ne.

40.

Form No. (A) 17.

Register of Criminal Fines of the office for the month of ..

04

cc

24 1 25

has been Nacattd !Mould t 1.1010(1 in tilt ft-marks column. NoTE.—The fact that an order of stay in respect of any particular it to of Pre

16

15 14

16 17 18 19

i • ID

441 0113

":.•

N

1441,3

f 0

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al A , ..... 01

...a , 44 0 1 ..-. ...

0 0 ID 0 ...4 0 .5 to-;:i. El o .iii tr o I.

20

21 22 I 28

Nor& —The fact, that an order of etay in reipect of arty part oglar item of III

hai bean ',Gate.' should be note! in the remarks colatnn.

19 .

43

Form No. (A) 17A.

Register of Grimilia Fines of other districts for the month of

a ....

•••••

6-4 iii ...

=,0 0

2 u; ,u P

60 o

.4 .1) 0 Po ^ 6, .. to

0)-cl

c)

.. n

S4 ii... 0

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0

0

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0 .0

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el • N GI - 0

'a 6

a ., .4 m

...

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L. ci

0 T. •••• .-. H a

0 IA ... P. a e3

*••• 0a .0 - ..... as 0 ga. 0

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vs 4) gi

a

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4) • •"".

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Balance sheet of fine, for the quarter of

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1 Opening grand balance of fines outstanding

2 Amount imposed during the quarter, i o., total of eutrios in column 6 of the Register ,,1 Criminal Fines excluding the entries brought forward in red ink from the previous quarter.

Grand total realisable

•••r•11.

3 Amount remitted on appeal, etc.. or written off by Magistrate's order viz.,—

Total of column 19 of the Register of Criminal Fines including the red ink entries mentioned in (2).

4 Amount realised—

(a) Of new fines, i. e., total of column 14 of the Register of Criminal Fines excluding the red ink entries mentioned in (2).

(b) Of old fines, i, e.. total of odium' 14 of red ink entries of the Register of Criminal Fines men-tioned in (2).

••••••••••••••••••

Grand total realised and remitted

Form No. (A) 18—coneld.

5 Balance— Rs. P.

(a) Of new fines, i. e., total of entriss in column 15 of the Register of Criminal Fines excluding the red ink entries mentioned in (2).

(b) Of old fines, i. e., tolal of column 15 of the red ink entries of the Register of Criminal Fines mentioned in (2).

i Closing grand balance of fines outstanding • •

MORS .••••••.•••••••••11.

7 Amount of fines which remained stayed till the end of the quartar.

8 Amount credited as Criminal deposit • •

Certified that the total of the above realised fines, plus Rupees the balance in hand of the preceding quarter, minus Rupees

credited as criminal deposits, and Rupees , balance in baud, has been brought to credit in the Treasury Accounts.

Initials of the Treasury Officer.

ATazir.

13

Fine M uharrir of the Principal Court.

DISTRICT

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Form No. (A) 21 [(M) 28 Old].

Register of Contract Contingent Charges.

ft.—(A. G. B. Form No. 240 of Schedule XXV Is to be indented for and need.)

49

Form No. (A) 22 [(M) 20 Old].

Register of Contingent Charges.

N. B.—(A. G. C. Form No. 241 of Schedule XXV is to be indented for and used.)

22 H. 0.-4

50

Poem No. (R) 1 [Old Nos.(M) 30 (M) 82 and (M) 93].

(1) Complaints of offences. (2) Unimportant cases sent 'up by the Police in which

a first information report is not used, t(3) Miscellanous cases.

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Presiding Offleer.

Remarks.

Preliminary Final.

1 1 3 4 ( 6 8 7 8

0.L.I440

Norm-1. Separate volumes should be kept for Register of (1) Complaints jof offences, (2) Unimportant cases sent up by the Police in which a first information

report is not used, (3) Miscellaneous cases. 2. Every order of transfer shall be entered in column 6. 3. The result of any appeal or application for revision should be entered in the

column for remarks. 4. The dates of adjournment of each case should be entered in column 6. b. In the case of the Register of "Unimportant cases," the name of Police

Station may be noted in the remarks column or in column 1 (Serial no.). 6. In this Register will be enterd all cases falling under sections 87,88.107.

108. 109. 110. 133. 143, 144, 145. 190 (1) (e), 480, 485, 488, 514, 563 and preliminary enquiry under section 476 of the Criminal Procedure Code.

7. This Register is intended to show all eases instituted and dealt with in the district or subdivision as the case may be. When Subordinate Magistrates deal with such miscellaneous cases. their Bench Clerk should, at regular in,ervals, furnish the Head Muharir of the District or Subdivisional Magis-trate with information regarding them in order that they may be enterd in the District or Subdivisional Register.

The following additional instructions should also be observed in the case of Register of Miscellaneous cases :—

(i) As stated in note 7 above, this Register is intended to show all cases instituted and dealt with by the Magistrates. Applications, petitions. etc.. which have been simply filed and no action taken thereon, should not be entered in it.

(ii) The date of institution in miscellaneous cases is the date on which any proclamation is published process issued, or order made, or on which the accused is produced in Court or is called upon to show cause why an order should not be made against him.

(iii) An order for sale of attached property under section 88 of the Code . should be treated as equivalent to a conviction even though the attached property be subsequently restored under section 89.

(its) The number of persons discharged or against whom order is ma de should in oases other than those under sections 107, -108, 109, 110, 144, 145 of the Criminal Procedure Code be noted in the Column for rem arks.

Register of

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FORM No. (R)14 [Old No. (M) 491.

List of records of Sessions cases, Criminal Appeals and Revision cases sent to the Ses sions Judge's Record-room from thc; Court at

Remarks.

9 10

Date of despatch. Signature of the Officer of despatching Court.

Date of receipt. Signature of the Sessions Judge's Record-keeper.

Nora.—Class of me under rule 160. Part III, Volume 1, Criminal Court Hulse should be noted in the column for remarks.

64

FORM No (R) 14-An

kvister of requisitions for records received:

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FORM No. (R) 14.0.

Register of requisitions for records issu,d.

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FORM No. (R) IS.

Register of Receipts and Issues of printed forms.

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FORM No. R (17) [Old (M) 51 OM

Instru,ti)ns for writing up Statistical Register I.

1. This register is intended to facilitate the preparation of Annual Statement 2, and the following instructions should be observed in writing it up.

GENERAL.

2 Apart from certain miscellaneous proceedings under the Criminal Procedure Code this register has reference to Jucli_;ial work alone, the High Court having no supervision over police work in any shape.

3 Offences under each head of crime, as specified in the "SCHEDULE OF OFFEN:TS", appended to Form no. (S) d, infra, should he entered in a separate page or pages, as may be necessary. No cases under the Criminal Procedure Code except those indicated in it must be entered. The list given of offences under Special and Local Laws" is not meant to be exhaustive, Separate p iges should be provided and arranged in alphabetical order for each law against which it is allged that offences have been committed. Separate pages should also be provided for attempts, where not separately specified in the schedule. Abetments should be included in the pages provided for the substantive offences abetted. In the pages prodded for heads of crime, numbers 9 and 11, an entry should be made in the column for remarks of the persons dealt with summarily under the provisions of Chapter XX XV of the Criminal Procedure Code ; and in the pages provided for other heads of crime,an entry of the cases in which the complainant was required to pay compensation to the accused under section 250 or the defendant in addition to the punishment inflicted upon him, was required to give recognizance or security to keep the peace under section 106. In the page provided for heads of crime 7:1 and 80, "Security for good behaviour", a note should be made in that column of the cases in which the orders of the Court of Sessions were taken under section 123.

4 Entries relating to the cases of escaped prisoners should be struck out. On the recapture of the latter their cases should be entered as new eases.

5. The final result of trial as regards each person will determine the head of crime under which entries regarding him are to be made, and the Magistrate who disposes of the case should, in case of doubt, himself give the necessary directions In the case of complaints dismissed under section 23 of the Criminal Procedure Code, or where the charge is found to be false or the facts alleged do not amount to an offence, the head of crime should be that of the offence substantially imputed "Where an accused is tried under more than one head of charge he should be exhibited under the prin-cipal one only, unless he happens to be accused of entirely distinct offences supported by separate evidence, in which case the trials should be shown separately and, the results independently,"

67

AMENDED BY GOVERNMENT OF INDIA LETTER NO. 1384 O1 4TH AUGUST 1903.

6. Oases should be entered in the Register as final orders are passed in cases pending at the close of the previous s ear in columns 1, 2 to 5, 6 and in columns 8, 9 or 10 ; cases instituted during the year in columns 1, 2 to 5 7 and in columns 8, 9 or 11. The series in column 1 will be continuous and with the exception of columns 2 to 5, the entries in the other columns up to and inclusive of column 13 will be in the form of a separate series for each column. At the close of the year, pending cases will be added in columns 1, 2 to 5, 7, 12, and also, if necessary, in column 13 in which case the persons concerned should be entered in column 17. The aggregate of the final entries in columns 8 to 12 should agree with those of columns 6 and 7. The last entries in columns 6 to 13 and the totals of columns 14 to 11 will give the figures required for the corresponding columns of Annual Statement 2.

REGARDING THE FILLING UP OF THE SEVERAL COLUMNS,

7. Columns 2 t) 5.—The number of the case as given in Primary Registers 1 to 4 should be entered in these columns.

8. Column 6.—Enter all offences (cases) pending at the close of the previous year.

9. Column 7.—All offences (cases) of which information was given, complaint made or cognizance taken under Chapters IV, V, XIV, XVI of the Criminal Procedure Code, for the first time during the year. are to be shown, if alleged to have occurred in the district although some of the charges may not have been prosecuted or may have been found to be false, provided that the eases were dealt with by a Magistrate in his judicial capacity.

10. Column 8.—Enter all complaints (cases) inclusive of cases reported during, and pending at, the close of the previous year, dismissed under section 203 of the Criminal Procedure Code during the year.

11. Column 9.—enter all cases other than those shown in column 8 in which during the year a Magistrate declared that the charge was false or that the facts alleged did not amount to an offence, or that the offence never occurred, inclusive of cases pending from the previous year and so dealt with during the year. Include oases in which the complaint was adjudged to be frivolous or vexatious, and the complainant was fined under section 250 of the Oriminal Procedure Code. Exclude charges rejected by the Police unless a Magistrate declared them to be false, acting in a judicial capacity and not as a police officer.

68

12. Column I0.—Enter casas found to be true during the year out of hose entered in column 6. (This information, though required by the Court is not required by the Government.)

13. Column 11,.--Enter cases found to be true during the year out of those entered in column 7.

14. Column 12.—The entry in this column should be the balance of the cases entered in columns 6 and 7 after deducting those entered in columns 8, 9, i0 and 11.

15. Column 13.—Is intended to show only cases brought to trial during the year and should not include cases pending at the close of the previous year.

16. Colitmn4 13 to 17.—No person who has not appeared personally or by agent io Court is to be included in Annual Statement 2, but all persons who have appeared. whether in obedience to summons, warrant or other process ar voluntarily, to answer a criminal charge should be shown as under trial So als,o, persons discharged from bail taken under section 169 without appearing before a Magistrate should not be entered Accordingly, those cases only in which an accused person has appeared personally or by agent before a Court, and the persons who so appeared, are to be entered in these columns. Persons remaining under trial at the close of the previous year and those received by transfer from other districts during the year should be included in columns 14 to 17.

17. C l. .ms 14 and 15.—These columns are intended to show the result of trials in Magistrates Courts as regards persons whose cases were disposed of by Magistrate's and in Courts of Session as regards persons whose cases were disposed of by those Courts. In cases referred to by Suborditate Magistrates under sections 317 and 349, and by Courts of Session under section 374 of the Criminal Procedure Code, the results to be shown are those of the Court which received and dealt with the reference. Should this Court not have decided any case by the end of the year, the person concerned in the case should be entered in the column ',Remaining under trial at the close of the year".

18. Column 16.—It is not intended that any person should be entered in this column as disposed of by transfer unless the transfer was from one district to another, or from one kind of Court to another, as for example, from a Civil or Revenue Court under section 482 of the Criminal Procedure Code.

19. Column 17.—Persons remaining under trial in Courts of Magistrates and in the Courts of Sessions in cases of commitment to those Courts, as also the persons whose cases were referred to a Superior Court, alluded to in the instructions regarding the filling no of columns 14 and 15, and undecided at the close of the year should be entered in this column.

89

L20. Column, 18.—In this column should be noted the names of the Courts or Districts to which the cases of any of the persons entered in column 16 were transferred.

If the acquittal or discharge of the person shown in column 14 was due to tho case having been compounded, withdrawn or dismissed for default of appearance (sections 247, 248, 259 and 345 of the Criminal Procedure Code), the fact should be noted in this column (column 18) in order to facilitate the compilation of the figures which are required to be noted in Annual State-ment 2 (vide ''Instructions" and "Note" to Annual Statement 2).

NOTE,—This Register should not be kept in the form of a bound book but the p-ges of th different heads of Crime should be filed together and additions and insertions made a8 required,

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instructions.—A seperate Register must be kept for each court, and the designation cf the presiding officer and the powers exercised must be stated in the title with a view to the entry of the figures Against the proper sub-heads in column 1 of Annual Statement 4 Only cases of the kinds provided for in the schedule attached to Annual Statement 2 should be included in this Register. The entries are to be made in it at once on the conclusion of each trial and the persons entered will either then or afterwards, as found convenient, be noted up in Statistical Register I under each head of crime. The headings of the fiegister, it will be observed, almost sxactly correspond with the headings of Annual Statements 4 and 5.

This Register and the preceding Statistical Register I are to be kept up for the purpose of the compilation of Annual Statements 4 and Persons entered in column 63 should be also entered in columns 37 to 39, but not in coiumns 51 to 62.

In column 31, cases brought to trial during the year will be distinguished. At the close of the year the persons concerned in the cases in the pending file must be added in the appropriate columns 1 to 6 and 10 to 15, the number of cases in column 31 and the number of witnesses examined in column 34 to complete the figures for the Annual Statement.

A separate note should be made in column 64 of this Register to show how many of the persons entered in column lo were brought to trial under arrest by the police, and how many under arrest by other agency, e.g., Forest or Excise Officers, private persons, etc. (C.O. No. 4 of 30th November

Column 49.—A separate page or separate pages of the Register of a current year should be reserved and utilised for fines imposed during previous years, but realised during such current year.

Section of the Penal Code or other Local or Special laws applicable should be noted below the case number.

If in any case compensation was allowed under section 250 of the Criminal Procedure Code or recognizance or security taken under section 106 of the Criminai Procedure Code, the fact should be noted in the remarks column.

75

Form No. (R) 19 [Old No. (M) 531—DELETED,

Forms (R) 20 and (R) 21—DELETED.

Form No. (R) 22—Civil and Criminal.

Pleaders

Register of Clerks of M:,khtars

Vora no. ( R) 25 of Volume II, Civil Court Rules is to be indewed for

nd used.

76

Form No. (II) 23., Register of Sessions Cases.

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Form No. (S) 2 [Old No. (M) 58].

Sessions statement (t) be submitted by Sessions Judge to the High Court at the end of each month).

Calendar of accused persons tried or brought before the Court of Sessions for the Division of at the Sessions held

in the month of 19

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Form No. (S)2-A. Special statement showing adjourned Sessions Cases for the month.

of. 19 .

When Sessions trials opened and tbon adjourned. When Sessions trials are not opened.

Case. Date fixed.

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Form No. (5) 5 [Old No. (M) 62/

ANNUAL STATEMENT I—(CRIMINAL) FOR THE OF FOR THE YEAR 19 .

PART T.

List of Judicial Division.

Namo of Sessions • Division.

Namo of District Magistracies.

N smog of Subtlividenc

1

2 3

X39

PART II.

Return showing the n umber of cfficers of each class vested with Jurisdiction in Criminal Cares present in the district at the close of the yenr, and

the number of working days of all officers employed in the district during any part of the year.

SS. .44•Z*6 6,0.4

Class of Courts. th

{4

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7-4

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0

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To tal number of working days employed 2 .

1 2 3 4 1 6 7 8 9

Court of Sessions.

Sessions Judge Additional or Joint S salons Judge Assistant Sessions Judge

'rotal

Magistrates.

let class' Stipendiary 2nd class

3rd class

Total

Special Magistrates under ftctiou i4, Cr. P. C.

{let class Honorary... kud class

:,rd class

To t al

Total number of pan-chayat courts at the end of the year.

Total number of Gram cut oh ermb at the end of the year.

0,.. 1•1•011.1=4.

1 Enter only officers employed in the dktrict at the clog of the year.

Include the working days of every officer exeicising criminal powers, during any part of the year. Note in the column of Remarks, the number of officers of each class who though vested with powers did no criminal work during the year.

Include the Magistrate of the district. G. I., 4/64.

MAW

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•po2opitioo

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*JeoS anoTANd tooaj ffuTpued Wog Roll! mil x3put-1

Ica/ cq. 1q5noxEr 00

agek o i To 10• °sop owl le Ouipued saga

0 •on.13 sg pOrrittri 98BiD

'QOM oq o1 punoj sioeuo temp

•opop oinpoo -cma lototaTio `goy nolseos Japan passim_ Kureidt000

• 61 ‘zEoS Iowan° tr[ povodei sootuvo

• (it `aue6 snoiAcad Cl oril 1,1 poltodea seSuojjo

'maw jo aondposea

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CO

93

Instruotions for the preparation of Annual Statement 2.

This statement should be prepared from Statistical Register 1, No. (R) 16,

Column 1.—The printed schedule of offences must be adhered to. Attempt where not separately specified in the schedule, should be entered immediately after the offences at which they are attempts. Abetment sheuld be included with the substantive offences abetted.

Every criminal conspiracy falling under Chapter V- k of the Indian Penal Code should be included with the offence to which the conspiracy in each case relates (G. L. No. 2 of 1926).

Column 9—Include persons pendi❑g trial at the close of the previous year and those received by transfer from other districts during the year to which the return relates (G. L. no. 4 of 1963).

Column 14.-1 n this column may be noted how many of the persons entered against Leading 9 were dealt with summarily under the provisions of Chapter XX XV of the Criminal Procedure Code; in how many cases entered against other heads, the complainant was required to pay compensation to the accused uncle' section 250, or the defendant, in addition to the punishment inflicted upon htin was required to give recognizance or security to kaep tne peace under section 106.

The number of persons out of those shown in column 10 the cases against whom were conapoundel, withdrawn or dismissed for default of appearance (sections 247, 248, 259 and 345 of the Code of Criminal Procedure) should also be noted in this column against the total of each class of offence (C. 0. no. 1

of 1911).

NoTa.—The totals of columns 10 to 13 should tally with the total of column 9.

VIII 1,

Sec. 153.A • •

160 Secs.

IX

X

If

Offences against the Army and Navy.

Offences agninat the public tran-quillity.

Offences by or relating to pub-lic servants.

Contempts of the lawful authority of public ser-vants.

131 to 140.

Secs. 143 to 145, 149 Unlawful

to 151, 157, 158. assembly.

147, 148, 152, 153 Rioting,

and 154 to 156. etc.

Promoting enmity between classes.

Affray. 161 to 169 By public servants. 161, 170 and Relating to 171. public servants.

„ 172 to191).

False evidence and offences against

7 1. XI

public justice

Offences relating to co in and Government stamps.

Offences relating to weights and measures.

94

SCHEDULE OF OFFENCES.

Attempts where not separately specified in this Schedule should be entered immediately after the offences at which they are attempts. Abetment should the included with the substantive offences abetted.

Nomenclature of Offences. with Chapter and Section of the Penal Code or other Law applicable,

1.—OFFENCES UNDER THE PENAL CODE. Offences against

the State. Chapter VI Sees. 121 to 130.

Secs. 193 to 200 False evidence, sub- ordinatic 11, etc., of public servants.

32 2rd. to 229 Offences against

public justice. Secs. 231 to 254 Offences relating

to coin. 255 to 263 Offences relating to

stamps.

Secs. 264 to 267.

96

SCHEDULE OF OFFENCES—contd.

Nomenclature of Offences with Chapter and Section of the Penal Code or other Law applicable.

1.—OFFENCES UNDER THE PENAL CODE—contd.

Offences affecting the public health, safety conve- }•Chapter XIV nience, decency and morals. J II

Secs. 269 to 278

PO 279 to 289

IP 290 to 291

Il 292 to 294

Offences affecting public health.

Offences affecting safety.

Offences affecting convenience.

Offences affecting decency and morals.

294 A Keeping lottery office or publishing proposals for lottery.

295 to 298. Offences relating to religion.

xv 10

302 & 303.. Murder.

307 .. Attempt at murder.

304 • ID

304 A Causing death by rash or negiig,Aat Act.

Secs.

Sec.

Culpable homi-cide.

Offences affecting 1 Chapter the human body.

XVI

SOS Attempt at culpable homi-cide.

PP

Secs. 305 & 306 Abetment of suicide.

Sec. 309 .. Attempted sui- cide.

PI 311 Thuggee, Ot4,

96

SCHEDULE OF OFFENCES—con /.

-Yemendatum of Offences. with Chapter and Section of the Penal Code or

other Law applicable.

UNDER THE PENAL CODE—contd.

Secs. 312 to 315

Causing mis- carriage.

Sec. 316

Injury to un- born children.

317

Offences affecting the human body —contd. I

II

} Chapter XVI

Infants.

Pl 318 Concealment of birth by secret disposal of

dead body.

Sees. 325 to 331 Hurt with & 833. aggravating

circumstances.

323, 324, 332 Other cases. & 334 to 338.

Sec. 341 Wrongful res- traint.

1.- -OFFENCES

Exposure of

343 to 348

362 to 358

364, 366, 367

Wrongful con-finement.

Criminal force or assault.

Kidnapping or forcible abduc. tion with aggravating circumstances.

Seca.

31

363, 365. 368, Other cases. 369.

97

SCHEDULE OF OFFENCES—contd.

Nomenclature of Offences, with Chapter and Section of the Penal Code or other Law applicable.

I.—OFFENCES UNDER THE PENAL CODE—contd.

Secs. 370 & 371 Slavery.

Offences affecting the human body —concld.

Chapter XVI

Buying or selling a minor for the purposes of prostitution.

I

., 377 .. Unnatural

,, 376 .. Rape.

t_ offences. r I Sees. 382 .. Theft with

aggravating air-

! cumstance.

I IP 379 to 381 & Other cases.

1 401.

„ 386 to 289.. Extortion with aggravating cir-cumstances.

372 & 373

Sec. 374 ... Forced labour.

t Chapter XVII Offences against property.

ff

384 & 385.. Other cases.

See. 394 ... " (With hurt.

vorrmag i, Arkpr

t. ......-__.. ),

., 1

392 t):I

393 ... J PL k.Attempts.

.. I .7,),

i Other cases.

cfcz ,

22 H. C.-7

98

SCHEDULE OF OFFENCES—contd.

Nomenclature of Offences, with Chapter and Section of the Penal Code or other Law applicable.

1.—OFFENCES UNDER THE PENAL CODE—contd.

I Sec. 396

397 • •

(With uiur der.

With attempt to cause death or grievous hurt.

Offences against property—contd. Chapter XVII

• 1

Secs.

398

395, 400 &

399 402

• Attempted robbery or dacoity when ar- med with deadly weapons,

Other cases.

Secs. 403 & 404 • • Criminal mis- app ropriation of property.

11 406 to 409 .. Criminal breach of trust.

411 to 414 .. Receiving or habitually deal-ing in stolen or plundered property.

417 to 420 Cheating.

421 to 424 • • Fraudulent deeds or dispo-sition o pro-perty.

99

SCHEDULE OF OFFENOES—contd.

Nomenclature of Offences with Chapter and Section of the Penal Code or other Law applicable.

L—OFFENCES UNDER THE PENAL CODE—contd.

} Offences against property—concld. Chapter

XVII.

( Secs. 429 to 433 ) I & 435 to I

I I

440. ';..E3

426 to 428 12 & 434.

)

Secs. 459 to 463 ) i 1

I 1 .;

.5

1 449 to 452, P-, 454. 455, ?.!.:

1

457 & 458. I.

,. 447, 448, I 6

458, 456, I 461 & 462. )

1W i t h ag.

I

gravating circums-tances.

I Other cases.

( Resulting in death or Brie-

1 vous hurt.

I For comnii-ssion of setiou s offences.

Other cases.

1 Secs. 465 to 471 .- Forgery or uttering or possessing for-ged documents

1 or papers.

1

PP 472 to 476 .. Counterfeiting Offences relating or making

to documents and Chapter or possessing

I to trade or pro• XVIII- a counterfeit peruy marks, seal, etc., for

I purposes of forgery.

I Sec. 477.. Fraudulently destroying or defacing a will

{ or other docu- ment.

100

SCHEDULE OF OFFENCES—contd.

Nomenclature of Offences with Chapter and Section of the Penal Code or other Law applicable.

I--OFFENCES UNDER THE PENAL CODE—contd.

Secs. 432 486, 487.. Using a false trade & 488, or property mark,

I and knowingly

I

selling property so m arked.

i 483 to 485 .. Counterfeiting, or making, or prsses-sing a die plate or instrument for counterfeiting a trade or property mark.

Offer cos relating I to documents and to trade ). Chapter or property

I XVILI.

xnarka—concidJ

1

Sec. 489 Removing, destroy- ing, etc., trade or property mar k with intent to cause injury.

Secs, 489 A to 489D 0ounterfeiting currency-notes or bank-notes or using as genuine or possessing forged or counter feit currency notes or bank-notes or making or possessing in- struments or materials for for-ging or counter. failing the same.

1

101

SCHEDULE OF OFFENCES—cone/4.

Nomenclature of offences with Chapter and Section of the Penal Code or ci) er Law applicable.

I.—OFFENCES UNDER THE PENAL CODE—concid

Criminal breach of contracts of Chapor XIX Secs. 490 to 492, service.

Offences relating to marriage .. Chapter XX Secs. 4S3 to 498.

Defamation • • Chapter XXI Secs. :50 to 502,

(Sec. 506 The threat being to cause death

Criminal intimidation, insult and Chapter XXII or other grievous annoyance hurt.

Secs. 504 to 610-- Other cases,

TOTAL OF OFFENCES UNDER SPECIAL AND LOCAL LAWS,

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12

Form No. (S) 12 [Old No. (M) 69].

ANNUAL STATEMENT 8—(CRIMINAL),

Statement showing the use of Juries in the Criminal Courts in the district (I in the year 19 .

Classes of Courts in which Jurors are employed. Remarks.

1

2

3 4

Magistrates' Courts under Chapter t. X., Cr. I'. C,

High Court, Original (Criminal) Jurisdiction.

Total ..

On

the

ist

day.

O

n th

e 2nd

day

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of

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•ttopttu Iturgxe InotI16A pa.Wasqosip sessau .lion aeqmrtm

123

44

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124

FORM NO. (M) 1 [OLD NO. (M) 83]. Form of heading of Deposition.

Form no. (J) 12 of Volume II, Civil is to be indented for and used.

class being the Magistrate selected for the record of

at (a) in Subdivision

••••••••••,..,

125

FORM NO (M) 2 [OLD NO. (M) 84].

Form for recording colessions and ,,.tatenient.

(See section 164 of the Oode of Criminal Procedure and Criminal Court Rules, Volume 1, pages 7-8).

Before Magistrate of the Senior in rank

confessions

District (1) The accused

(Sub) Inspector Police before me at my

(Bead) Constable

is brought by Court

Camp

House

at (a) on the (b) A.M. confession letter

at (c) to have his statement

The P.M. statement memo.

given to me, dated from the (d) is

attached to the record.

I have ascertained that the offence was committed at (a) on A. M

the (b) at (c)

(2) The accued is placed in charge of*

I have satisfied myself that there is no police officer in the Court or

in any place whence the proceedings can be seen or heard except the have

abovenamed who--not been concerned in the investi-

gation

has

of the crime or in the arrest or production of the accused.

(3) The accused is questioned regarding the time during which and the

places where he has been under the control of the police.

P. M.

126

Questions, Answers.

first placed under observation "I was detained

arrested

at (e)

Allege in town of

city

I was taken to (f) at on

I was sent to you from (e)

at on

(4) The accused is then cautioned as follows :—

',You should remember that I am a Magistrate, that you are not bound to make a confession and that such a confession may be used in evidence against you."

Further cautions, if any,

The accused is then questionei I co l ,certain whether he has under. stood the warning and wheth th.3 confession is voluntary and is not caused by any inducement, threat or promise referred to in section 24, Indian Evidence Act.

Questions. Answers.

(5) Record of statement

The statement of

years made in the My name is

My father's name is

I am by caste My home is at Mauza

D istrict

made—

and by occupation , Police station

I reside at

aged abou t

language

Questions. Answers.

Signature or mark of accused.

Signature of Magistrate.

A. M. -F:147 °n

127

(6) Prescribed Memorandum :—

I have explained to (name) that he is not bound to make a confes-sion and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presenee and hearing, and was read over to the person making it and admitted by him to be correct, and it contains full and true account of the statement made by him.

(Signature of Magistrate.)

(7) Brief statement of Magistrate's reasons for believing that the statement

was voluntarily made.

(8) The statement having been recorded, the accused is forwarded at

(Signature of Magistrate).

NorE.—The questions noted below are specimen questions and the Magistrate should merely use them for the purpose of helping him to put the particular questions he considers desirable, having regard to the circumstances of the case and the character of the accused :—

(i) Do you know that I am not an officer of the police but a

Magistrate ?

(ii) Do you know that you are not bound to make a confession ?

(iii) Du you know that if you make a confession it may be used in

evidence against you ?

(iv) Do you know that you should not say anything because others have told you to say it and that you are at liberty to say whatever you really desire to say ?

(v) What are the reasons which have weighed with you in deciding to make a confession ?

(a) Here insert name of place.

(b) Here insert date. (a) Hare insert time.

(d) Here insert officer's designation.

(e) Insert time in aeoused'■ own language, also date and place.

(f) Clive place, time and date.

.roon Or armed police constable am the Case may be.

to

128

FORM NO. (M) 3 [OLD NO. (M) 851.

Form of recording Examination of Accused.

EXAMINATION OF ACCUSED PERSON.

(SECTION 364 OF THE CRIMINAL PROCEDURE CODE.)

The examination of , aged about years

taken before me , Magistrate

of the class, at on the day

of 19 , in the language

interpreted by

My name is

My father's name is

My age is years.

I am by caste , and by occupation

My home is Mouza , Police-station

District I reside at

(Signature, or mark, of the accused)

(Signature of Magistrate.)

The above examination was taken in my presence and hearing, and contains a full and true account of the statement made by the accused. It was read over to the accused or interpreted to him in the language which he understands, and was admitted by him to be correct.

(Signature of Magistrate.)

[High Court letter no. 10846-62, dated the 4th November 19641.

29

FORM NO. (M) 4 [OLD NO. (M) 87].

Letter to Civil Surgeon to hold poet-mortem Examination.

N N.

THU MAGISTRATE OF

THE CIVIL SURGEON,

Dated the 19

I AM to request that you will make p )8t-morteni examination of the

body of

herewith sent to you, and report the result to this office.

17.011t8 faithfully

Magistrate.

FORM NO. (1111) 5 [OLD NO. (M) 88].

Deleted.

FROM

To

SIR,

22 IL C.-9

ISO

MISCELLANEOUS FORAM

FORM NO. (M) 6 [OLD NO.(M) 891.

Letter to Civil Surgeon to examine person so id to be insaue,

(SECTION 464 OF THE CRIMINAL PEOOEDURE Con E.)

No,

THE MAGISTRATE GE

'F CIVIL StrEGEoN OF

Dated the 19

,alleged to

be an insane, is forwarded for examination. If after examination you think he should be sent to a Lunatic Asylum, you are requested to furnish me with a certificate in the prescribed form at your earliest conveni-once.

Yours faithfully,

Magistrate.

fttoki

To

131

IV. MISCELLANEOUS FORMS.

FORM NO. (M) 7 [OLD No. (M)9].

Letter from Committing Magistrate to the Sessions Judge notifying commitment

No.

FROM

THE MAGISTRATE OF

To

THE SESSIONS JUDGE OF

Dated the 19 .

SIR,

I beg to report that I have this day committed, to take his trial before the Court of Session the person n tined in the m•irgin on the charge specified below. The time which the trial will occupy will probably be about days.

Yours faithfully,

Magistrate.

(Charges should follow here.)

MEMO, OF ACKNOWLEDGMENT.

Received letter no.... dated from ,Magistrate of notifying the commitment of the case noted in the margin.

Sig-nature and designation of the Receiving Officer

Dated 19 .

-,"1 11174,171711CM1pr

132

I V. MISCELLANEOUS FORMS.

FORM NO. (M) 8 [OLD NO. (M) 92 AND (M) 93 COMBINED].

Letter to Magistrate intimatingtbe date fixed for the trial of cases committed by a Magistrate to the sessions Court.

No.

FROM

TAN SESSIONS JUDGE OF

To

TAR DISTRICT MAGISTRATE OF (1)

THE SUBDIV ISIONAL MAGISTRATE OF (2 )

Dated the 19

SIR,

I Am to inform you that the has been fixed for the'trial of the case noted in the margin, and to request that you will be so good ae to send the witnesses to the Sessions Court on that day.

2. It is requested that, if uecossary, a brief may be prepared for the use of the Public Prosecutor before the record of the case is sent to the office.

3. The record should be Bent at least days before the date fixed for

the trial.

Yours faithfully,

Sessions Judge.

Memo. no.

Dated the 19 ,

(8)

Copy forwarded to the District Magistrate of for information.

Ses,ions Judge.

(1) la Sadr ogees. (2) In oases of outlying Subdivisions. (a) in cages outlying Subdivisions.

133

IV, MISCELLANEOUS FORMS.

FORM NO. (M) 9 [OLD NO. (M) 94].

Court's Certificate to be given to Government or Local Funds servants who attend Court as witnesses.

(AwrIcLEs 1133 AND 1134, CIVIL SERVICE REGULATIO NS).

COURT OF THE

Certified that 1

Appeared before me as a witness ou behalf of Civil

in a --case for Criminal

to in his capacity to depose to facts

3 knowledge, and that he has been paid 4 the

As travelling allowance . • • • R

As subsistence allowance ... R

Presiding Officer of the Court.

Date

Nora. I.—Government officers summoned to give evidence in their private capacity. 1. a.. to depose to facts not coming to their knowledge i the coarse of their official duties or with which they have not had to ffeal officially, are not entitled to travelling allowances from Government and subsistence allcwances psi ..1 to them under the Rules o the 0,.urt [1184(b) Civil Service Regulations] must be deducted from their salaries, if they are .,flowed to draw pay for those days.

NOTE 2.-0fficial witnesses appearing at the instance of a private party will be paid by that party through the court, and the f ate certified as in the case of a pa meat.

by the State.

1 Name. 2 Designation. 3 Here state whether official or private.

* If nothing is paid tinder either head it shaul l b , clearly stated.

days from

within his undermentioned allowances :—

134

FORM NO. (M) 10 [OLD NO.(M) 95].

(NOT TO HE PRINTED.)

Letter to the Civil Surgeon requesting him to attend to give evidence in the Sessions Court.

FROM

THE

To THE CIVIL SURGEON 0U'

Dated the. 19

f3m,

Court on I AM to request that you will attend at the ..Seasions

the at A, M, t0

give your evidence:in the case of

Yours taitlifully,

135

FORM NO. (M) II [OLD NO. (M) 95 Al-

Letter to the Chemical Examiner requesting him to send his report LO the Court of Session.

FROM

Tut SESSIONS JUDGE G

To

THE CHEMICAL EXAMINER TO GOVERNMENT.

Dated the 19 .

Sia, I AM to inform

State vs. Accused.

Committed on charges under sections I r C. by the of

you that the has been fixed for the trial of the case noted in the margin and to request that you will be so good as to forward to this court your report in respect of the articles sent to you for chemical examina- tion at least . —days before the date rived for tho trial.

MEMO No

CoPY forwarded to the District Magistrate of

infarruation.

Yours faithfully.

Sessions . udge.

for

Sessions Judge,

136

FORM NC. (M) 12 [OLD NO• (M) 97].

Petition of Appeal

of

convictedifand sentenced by the

of on the day of

under section of

Sy► Ewian,

137

FORM NO. (M) 13 [OLD NO. (M) 9s]•

Letter calling for Records under section 421 or 435 of the Criminal Procedure Code.

No.

FROM

SESSIONS JUDGE T1114:- ---0F

DISTRICT MAGISTRATE

To

Dated the 19

I Am to request that you will forward to this office, on or before the

Complainant versus the original records of the case noted Def endant. Caso decided by on the on margin. The records are required under section

of 1ST 4-2) of the Criminal Procedure Code, Act V of is:,

1898. Yours faithfully.

• • ••• • • • • • • .IN*••••••6

MEMO. No. Dated the 19 .

COPT forwarded to the District Magistrate of For use in &salons Judge's.

17..if Gyro raj() office

Sessions Judge.

THE

SIR,

138

FORM N O. (M) 13-A.

To

The Speaker of the House of the People The Chairman of the Council of States, Parliament House, New Delhi.

Dated the,..... 19ti1.

SuBJEcT.—Description of the proceeding.

Sir, In the above proceeding, the plaintiff/defendant complainant accused

proposes to rely upon the documents, specified in the annexure, which are in the custody of the House of the People;the Council of States. I have to request you to move the House, if you have no objection, to grant leave for the production of the documents in my Court, and, if such leave is granted, to arrange to send the documents/certified copies of the documents so as to reach me on or before ........... ....by regis ered post (acknowledgment due) or through an officer in the Secretariat of the House.

Yours faithfully.

To FROM NO. (M) 13-B.

The Speaker of the House of the People/The Chairman of the Counci of States, Parliament House, New Delhi. Dated the ..... ..

SUBJECT—.Production of an officer of the Secretariat of the House for purposes of giving evidence.

Sir, In the proceedings noted on the margin the plaintiff/defendant;

complainant/accused proposes to examine an officer in the Secretariat of the House of the People the Council of states (or any duly informed officer) as a witness in regard to the matters specified in tl e Annexure. I have to request you to move the House, if you have no objection, to grant leave for the examination of the said officer in my Court, and, if such leave is granted, to direct the officer to appear in my Court at. A M. on.... ...•. • — • ••• • •

Yours faithfully,

FORM NO. (M) 14 [OLD NO. (M) 99].

Notice of hearing Appeal under section 422 and call for Records under section 423 of the Crinti nai Procedure Code.

No.

FROM

THESEssIoNs JUDGE

1J,,

ISTR/OT MAGISTRATE

To

Dated, the 19 .

SIR,

UNDER section 422 of the Criminal Procedure Code, I beg to inform you

Convicted by the that the case marginally noted is set down for hearing

on the 19 . on the , and also to request that you will give notice thereof to the appellant and the complainant

(Private prosecutor), if any, intimating to me hereof that you done so.

*2 I am also to request that you will .forward the original record of the case so as to reach this office at bast days before the date fixed for hearing the appeal ; and that, if necessary, a brief may be prepared for the use of the Public Prosecutor before the record is sent.

Yours faithfully,

*Omit this paragraph when not necessary.

dote.—When notice is issued Lo the complainant ho should be informed that the Stat• has the right to appear to oppose the appeal and except where the right is given by law to him, the person to whom notice is issued, requires the permission of the Court to appear and ordinarily w111 not receive such permission if the State appear.

MEMO NO,

Dated the 19

Copy forwarded to the Subdivisional Magistrate of for information.

The original record of the case should be forwarded so as to reach this Court at least days before the date fixed for hearing. Before doing so. the Subdivisional Magistrate is requested, if necessary, to have a brief of the wise prepared for the use of the Public Prosecutor.

SO sions !JuOge,

14u

FORM NO. (M) 15 [OLD NO. (M) 101].

Letter to Public Prosecutor instructing him to appear.

MEMO.NO.

FR OM

THE MAGISTRATE OF

To

THE PUBLIC PROSECUTOR

Dated the 19 .

You are directed to appear on behalf of Government iu the Criminal appeal noted on the margin', the date of hearing of which has been

1 fixed by the Sessions Judge on the 19 .

Magistrate. g,

1 ► 1

FORM NO. (M) 16 [OLD NO. (M) 102].

Heading of Judgment of Appellate Coart.

COURT OF SESSIONS, APPELLATE JURISDICTION.

'Ph 1 t .

CRIMINAL APPEAL No. OF 19

Appeal from the order of Magistrate

of dated 19 :

Appellant.

142

FORM NO. (M) 17 [OLD NO. (M) 103].

List of Criminal Appeals decided to be forwarded by the Appellate Court to the Superintendent of Jail for communication of result of appeal to prisoners.

List of Criminal Appeals heard by thcMailistrate of Sessions Judge

on 19 .

Name and father's Offence and date Magistrat- against Order passed in name of the of conviction and whose order the appeal. Remarks.

prisoner. sentence. 'appeal is preferred

In appeals from orders of Sessions Judges the latter and not the District Magistrate, should communicate the result to the Appellant, through the Jail officer, on this form,

MEMO No.

Forwarded to the Officer in charge of the Jail for communication to the appellants.

COURT OF

The 19 Sessions Judge (,r Magistrate.

14g

1V. MISOELLkiNEOUS FORMS.

FORM NO. (M) 17-A (NEW).

In the Court of . • •

Criminal

Appeal of 19 . against the order of

Application No. dated

tha 19 . Present.

Appellant Petitioner

versus Respondent Opposite party

For

For

I direct that the Judgment follows.

(Sd.)

The 19 .

EMO. NO.

the

of for information and with the Copy with the warrant and bail bond. if any, forwarded to

direction to—

(1) discharge the accused from his bail.

Strike out (2) re-try the prisoner for the offence charged

(1), (2) or (3) tare immediate measures to secure the surrender of the (8) as may

be necessary •

accused and his commitment to jail on the originaldi warrant.

Session Judo Atagrotrate. The 19

144

W. MISUELLAMUS FORMS.

FORM NO. (N1) 18 [OLD NO. (M) 1G4j.

Letter from the Superintendent of Jail forwarding petiti.sn of appeal 1,0 (lie High Court.

No.

THE SUPERINTENDENT OF JAIL AT

TAB REGISTRAR OF THE HIGH COURT AT PATNA.

Dated the

19.

SIR,

I forward for the purpose of being laid before the Court, petition of appeal (with copy of the Judgment annexed) dated the

day of 19 f torn

convicted by the

at of au offence under section of on the

day of last

Yours faithfully,

Sup rintendent of the Jail.

MEMO NO.

Dated

Copy forwarded to the Sessions Judge of for information.

Dated

The 19

Superintendent of the Jails

Faohl

To

No. ( f 19 .

Versus

DISTRICT In the Court of rf

Date of order,

2 4

Order with initials of the Magistrate.

Office note as to action taken on order (if

any) and date.

145

FORM NO, (M) 19 [OLD NO. (M) 106].

ORDER SHEET FOR MAGISTRATES' RECORDS.

Note—This from should be written up in English, whenever possible (see Vol. [, Part [II, Rule 13 ).

22 H. —10

146

FORM NO. (M) 19EOLD NO. (M) 106;1—Conti, ORDER SHEET FOR MAGISTRATE RECORDS—contd.

a. RO RO

A 0 Date of order. Order with initials of the 111:pittrate

Office note as to action taken on order (if

any) and date.

a 4

147

1V. MisCEL1.ANE01:S PO/WS

FORM NO. (M) 19 [ OLD NO. (M) 106 ]—canki. ORDER SHEET FOR MAGISTRATES' RECORDS—conq

Serial number of

order. Date of order.

Order with initials of the Magistrate.

Office note as to action taken on

order (if ahy) c-rid date.

I

2

8

4

148

IV. MISCELLANEOUS Rms. FORM NO. (M) 19[OLD NO. (M) 106] — rancid.

ORDER SHEET FOR MAGISTRATES' RECORDS—roncid.

Serial number of Date of

order, order.

Order with initials of the Magletirat,•.

Office note as to action taken on order ( if

any ) and date.

1 2 3 4

149

IV. MISCELLANEOUS FORMS

FORM NO. (M) 20 [OLD NO. (M) 1071

ORDER SHEET FOR SESSIONS RECORD

In the Court of the Sessions Judge of

Trial N o. of the Sessions for 19

Case No. for 19 , of the Magistrate,*

Calendar for

Conomittiny Officer

State vs. no.

no,

no.

Charges.

The charge is read and explained to the accused who plead.

No.

No.

Enter below all proceedings and orders.

Serielno.1 Sheets of payed

Description Value of Court- Period for vvbic17 to fee stamps, e preserved Remarks.

Total value o ourt fee stamps.

Signed

Officer of Court Compared and found correct,

150

IV. MISCELLANEOUS FORMS.

FORM NO. (M) 21 [OLD FORM NOS. (M) [108 AND (M) 109].

Combined Title Page and Table of Contents.

IN THE COURT OF

CASE No.. OF 19_ ........... . ........

Section of the Indian Penal Code or other kw

Date of the decision of the original Court

Date of the decision of Appellate or Revisional Court

TABLE OF CONTBNTS

2 8 5

Compl«inant

Applicant.

Accused

Opposite party.

• •

• •

• • gr-C

Record -keeper Note:—.This form should be maintained in English.

3 4

151

IV. MISOELLANEons FORMS.

FORM NO. (M) 22 [OLD NOS. (M) 110 AND (M) 1111.

Documents List of Articles admitted in evidence in Criminal Courts.

LIST OF EXHIBITS.

Court of Ouse ltro,

at of 19 .

Complainant. --

Applicant

Accused

Opposite Party.

Section of the Indian Penal Code or other law,

••••••=11••••••••••

I Whatl er

By whom Date of admitted after Remarks. admission. or without

objection.

Distinguish- Desoriptiz)n of

n imaric Dccument

or number. Articles.

I

Judge.

The 19 . Signature of the Magistruka.

Note,-7'►+4 $..rn is to be written up in English.

152

Form No. (M) 22-A.

List of documents produced by Complainant/Applicant/Accused/Opposite Party,

District

In the Court of

at

19

Complainant.

Applicant.

Case no.

versus

Accused

Opposite party

Number. Deacript ion of

document. Date, if any, which

the document bears. Signature of party or

pleader

mukhtar,

1 4

158

Form No. (M) 23 [Old No. (M) 112].

Notice to take back Documents.

In the Court of

Case No. of 19 .

of } Complainant

versus

of } Accused

The parties in the above case aro hereby required to take back into their custody, within six months from the date hereof, the documents now in the custody ot the Court, filed by them as evidence in the above case, the judgment (or order) now having become final. The parties are distinctly cautioned that the documents are kept at their own risk and that the Court from this date declines all responsibility for their safe custody, and that, if not taken back, they will be destroyed when the record is destroyed.

Applicant.

Opposite Party.

The 19

Prp.Qiny Officer:

154

Form No. (M) 24 [Old No. (M) 1131 .

Letter accompon,yir►g a Record, an,d memo. of ,4,:knowledg rnent.

No. nom

To

SIR,

Dated the 19 .

forward I am to - herewith by*

return

the original record of the ease, noted on the mergint

called for in --your No. , dated

received with

the 19 Yours faithfully.

Memo. of acknowledgment.

Received the record forwarded with letter no.

dated the 19 , from the

of Signature and designation of

Receiving Officer,

Dated the 19 .

*Here state method of despatch. fl4o4 airmen the margin ebe number of Wei and pages in eaoh file.

155

CIVIL AND CRIMINAL.

Form No. (M) 25 [Old No. (M) 114].

Letter advising the despatch of a Record.

No.

FROM

To

Dated 19

SIR.

1 am to advise the despatch this day by*

to your address of the original record of

called for in the case, noted on the margin --- your

received with

No. , dated the 19 . The

parcel bears the number and date of the letter enclosed therein, viz.. no,

dated the 19 . The return, duly signed,

of the memorandum annexed to the forwarding letter above quoted, is

r oquested.

Yours faithfully,

FORMS NOS. (M) 26 AND (M) 27—Deleted.

*Here state method of despatch.

156

Form No. (M) 28 [Old Criminal Process:No.13.

Summons to an Accused Person.

No. 1, Schedule V, Act V, 2898.

(SECTION 68 OF THE CRIMINAL PROOEDURE CODE.)

To

of

WHEREAS your attendance is necessary to answer to a charge of*

You are hereby required to appearf

before the of

on the

day of .Please do not fail herein.

Magistrate.

Dated this day of

*State the offence charged. tIn person or b,' pioadar as the ease :mayper.;

157

J.V. MISCELLANEOUS F, roi ,

Form no. (M) 29 [Old Criminal Process No. 2].

Warrant of Arrest.

No. H. Schedule V, !let V, i818.

(SEorioN 75 OF THE CRIMINAL PROCEDURE- CODE.)

Tot

WHEREAS

or

stands charged with the offence of 2

you are hereby directed to arrest the said

and produce hint before me. Please do not fail herein.

Dated this day of 19 .

Magistrate.

(See section 76.)

If the said shall give bail,

himself in the sum of

with surety in the sum of

to attend before me on the day of , and to

continue so to attend until otherwise directed by me, ho may be

released.

Magistr ate.

Dated this

day of 19 .

'Name and desig:. ation of the person or persona who is or are to execute the Warrant.

2Stato the offence.

IV. MISOELLAN RoVS FOItMS.

Perm No. (M) 30 [Old Criminal Process No. 3],

Bond and Bail-bond after arrest under a Warrant.

No. 111, Schedule V. Act V, 1898.

(Snenow 86 OF THE CRIMINAL PROCEDURE CODE.)

of being brought

before the2 under a warrant issued to

compel my appearance to answer to the charge of 3

do hereby bind myself to attend in the Court of

on the day of next to answer

to the said charge, and to continue so to attend until otherwise

directed by the Court ; and in case of my making default therein I bind

myself to forfeit to Government the sum of rupees

Dated this

day of 19 .

11.11*••••11

I do hereby declare myself surety for the abovenained

of , that he shall attend before

in the Court of , on the

day of next to

answer to the charge on which be has been arrested, and shall continue so to attend until otherwise directed by the Court ; and in case of his making default therein, I hereby bind myself to forfeit to Government the sum of rupees

Dated this day of 19 .

2 Distriot magistrate of or as the C400 may be. a3tate the often oeo-

tV. MTSCEtLANEOUS Pontius.

Form No. (M) 31 [Old Criminal Process No. 4],

Proclamation requiring the appearance of a Person Accused,

No 1V. Schedule V. Act V, 1898,,

;SECTION 87 OF THE CRIMINAL PR00EDURE CODE.)

WHEREAS complaint has been made before me that 1

2

the offence of punishable under section

of the Indian Penal Code, and it has been returned to a warrant

of arrest thereupon issued that the said3

cannot be found; and whereas it has been shown to my satisfaction

that the said 3,4

Proclamation is hereby made that the said 3

of * it teciti:,red to appear ats

before 6

answer the said complaint on the day .of

Dated this y of 19 .

',Name, description and address.

2 Has committed or is suspected to have committed-

*Name.

'Has absconded or le concealing himself to avoid the service of the said narrwt,

*nue°

This Court or before me.

160

IV. MISCELLANEOUS FORMS.

Form No. (M) 32 [Old Criminal Process No. 5 J.

(NOT TO BE PRINTED.)

Proclamation requiring the Attendance of a Witness.

No. V, Schedule V, Act V, 1898,

(SECTION 57 OF THE CRIMINAL. PROCEDURE CODE.)

WHEREAS complaint has been made before me that'

2

the offence of 3

and a warrant has been issued to compel the

attendance c f4

before this Court to be examined touching the matter of the said complaint ; and whereas it has been returned to the said warrant

that the said cannot be served, and

it has been shown to my satisfaction that hex

Proclamation is hereby made that the said?

s required to appear at 8 before the Court of

on the day of

next at o'clock to be examined touching

the offence complained of

Dated this day of 19

'Nemo, description and aadress. 'Has committed or is suspected to have committed. 3Mentiott the offence concisely. 'Name, description and address of the witnees. ,Name of witness. gine absconded or iy concealing himself to avoid the service of the said warrant. /Name. •Place.

161

Form No. (M) 33 (Old Criminal Prooess No.6].

(NoT TO BE PRINTED.)

Order of Attachm-nt to compel the Attendance of a Witness.

No. VI, Schedule V, At V, 1898,,

(SECTION 88 ON THE CRIMINAL PROCEDURE CODE.)

To

THE POLICE ONEICJER IN CHARGE OF THE POLICE STATION AT

Whereas a warrant has been duly 'ssued to compel the attendance of'

to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been srhown to my satisfaction that he 2

and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein.

This is to authorise and require you to attach by seizure the movable property belonging to the said to the value of rupees which you may find within the district of

and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated this

day of 19 .

1 Name, description ar,d address.

2 Has absconded or is concealing himself to avoid the service of the said warrant. 22 H.C.-11

162

Form No. (M) 34 [Old Criminal eroeess No. 71.

Order of Attachment to compel the Appearance of Parson Accused.

No. VI, Schedule V, Act V, 1898.

(SECTION 88 OF THE CRIMINAL PROCEDURE CODE.)

Tel

Whereas complaint has been made before me that'

3

the offence of , punishable ander siltation. of the Indian Penal Cods, and it has been returned to a warrant of arrest thereupon issued that the said'

cannot be found ; and whereas it has been shown to my satisfaction tbat the said'

and thereupon a Proclamation has been or

is being duly issued and published requiring the said to appear to answer the said charge within days

and whereas the said is possessed of the following property other than land paying revenue to Government in thee of in the district of and an order has been made for the attachment thereof.

You are hereby required to attach the said property by seizure and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution .

Dated this (lay of

19

1 Name and designation of the person er persons who is or are to execute the warrant. lame, description and address.

3 Has committed or is suspected to have committed.

4 Name. 5 Has absconded or is concealing himself to avoid the service of the said warrant.

Village or town.

163

Form No. (M) 35 [Old Criminal Process No. 8].

[NOT TO BE PRINTED-I

Order authorising an Attachment by the Deputy Commissioner as Collector.

No. VI, Schedule V, Act V, 1898.

(SzeTioN 88 OP THE CRIMINAL PROCIIDURE CODE.)

To TH1 DEPUTY COMMISSIONER OF THE DISTRICT OF

Whereas complaint has been made before me that'

2 the offence of . punishable under section Indian Penal Code, and it has been returned to a warrant issued that the said 3 cannot be found; and shown to my satisfaction that the said}

of th of arrest thereupon

whereas it has been

and thereupon a Proclamation has requiring the said within the said paying revenue to Government in in the district of

been or is being duly issued and published to appear to answer to the said charge

days ; and whereas is possessed of certain land

they of

You sre hereby authorised and requested to cause the said land to be attached and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order.

Dated this

day of 19 ••••••••"Mi.•••=1.1=1•1!•7

I Name, description, and address. 2 Has committed or is snap ctad to have committed . 3 Name. 4 Has absconded or is concealing himself to avoid the service of the said warrant. 6 Village or town.

164

Form No. (M) 36 [Old Criminal Prooeu No. 9].

Warrant In the first Instance to Bring up a Witness.

No. VII, Schedule V. Act V, 1898,

(Sx,°yeti 90 of THE CRIMINAL PROOEDUR CODE.)

To'

Whereas complaint has been made before me that'

of

committed the offence of*

and it appears likely that'

can give evidence concerning the said complaint ; and whereas

have good and sufficient reason to believe that he will not attend

as a witness on the hearing of the said complaint unless com-

pelled to do so.

This is to authorize and require you to arrest the said5

and on the

day of to bring him before this Court, to be

examined touching the offence complained of.

Given under my hand the seal of the Court, this

day of

19 .

Name and designation of the Police °Blom or Other person or potions who le or are to execute the warrant.

flan or is suspected to have.

a Mention the offence concisely.

4 Name and descriptions of witness.

Name.

165

IV. MISCELLANEOUS FORMS.

FORM NO. (M) 37 [Old Criminal Process No. 10.]

Warrant to search after information of a particular offence.

No. VIII, Scheiule V, Act V, 1898.

(SECTION 96 OF TEE CRIMINAL PROCEDURE CODE,)

WnitRZAS 2

before me of the

of the offence of

and it has been made to appear to me that the production of

ie essential to the inquiry 6

into the said 7

This is to authorise and require you to search for the said 8 in the e

and, if found, to produce the same forthwith before this Court returning this

warrant, with an endorsement certifying what you have done under it, imme-

diately upon its execution.

Given under my hand and the seal of the Court, this

day of 19

A Name and designation of the Police Officer or other person or persons who is or ars to erecut= the warrant.

• informatio3 has been laid or complaint hie been made. • Commission or suspected commission. • Mention the offence concisely. a Specify the thing clearly. • Now being made or about to be made.

Offence or suspected offences. The thing specified.

f Pesjeribe the Ouse plaas c,-1: part agave te whieh fhe 4eareh eonhaetl.

166

IV. MISCELLANE017S FORMS.

FORM NO. (M) 38 [Old Criminal Process no. TU.

Warrant to search suspected place of deposit.

No. IX, Schedule V, Act V, 1898.

(SECTION 98 op THE CRIMINAL PROCEDURE CODE.)

To'

WuzaBAs information has been laid before me, and on due inquiry there-

(Ton held, I have been led to believe that the 2 is used as a place for the3

This is to authorise and require you to enter the said with such assis-

tance as shall be required, and to use, if necessary, reasonable force for that

purpose, and to search 5

and to seize and take possession of any 6

and forthwith to bring before this Court such of the said things as may be

taken possession of, returning this warrant, with an endorsement certifying

what you have done under it, immediately upon its execution.

Given under my hand and the seal of the Court, this

day of 19 .

1 Name and designation of Police Officer above the rank of a constable. 2 Describe the house or other place. 3 Deposit or sale of stole,' property, or, if ror either of the other purposes expressed in

the section, state the purpose in the words of the section. 4 House or other place- ' Every part cf the said house or other place, or if the search is to be confined to a pat t,

specify th,, part clearly. ' Property or documents or stamps, or seals or coins or obscene objects es the case way be.

Add (when the case requires it) "and also of any instruments and materials which you 4 may reasonably believe to be kept for the manufacture of forged documents or counter, feit stamps, or falee seals. or counterfeit coin," as the cue may lie.

167

lv. MISCELLANEOUS FORMS.

FORM No. (M) 39 [Old Criminal Process No. 12].

Bond to keep the Peace.

No. X, Schedule .V, 'Act V, 1898.

(SECTION 107 OF THE CRIMINAL PROCEDURE CODE.)

WHEREAS, I'

inhabitant of 2 have been called upon to enter into a bond to keep the peace for the

term of or until

the completion of the inquiry in the matter of now pending in the Court of

I hereby bind myself cot to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or. until the completion of the said inquiry; and in case of my making default therein I hereby bind myself to forfeit to Government the sum of rupees

Dated this day of 19 .

3

do hereby declare 4 su rety for

the above-named

that he shall not commit a breach of the peace, or do any act that may pro-bably occasion a breach of the peace, during the said term or until the comple-

tion of the said inquiry ; end in case of his making defaultt therein, to orft to Government

bind 5

the sum of rupees

Dated this day of 19 .

Name. 2 Place. 3 I or We. 4 Myself or ourselves.

Myself or ourselves, jointly and severally.

168

IV. MISCELLANEOUS FORMS.

FORM No. (M) 40 [Old Criminal Process No. 13].

_Bind for Good Behaviour.

No. Xi, Schedule V, Act V, 1898.

(SECTIONS 108, 109 AND 110 OF THE CRIMINAL PROCEDURN CODE

WHEREAS 1,1

inhabitant of 2

have been called to enter into a bond to be of good behaviour to Government and to all the citizens of India for the term of 3 or until the completion of the inquiry in the matter of now pending in the court of

I hereby bind myself to be of good behaviour to Government and to all citizens of India during the said term or until the completion of the said inquiry ; and in case of my making default therein, I bind myself to forfeit to Government the sum of rupees

Dated this day of 19 .

do hereby declare 5 surety for

the above-named

that he shall be of good behaviour to Government and to all the citizens of India during the said term or until the completion of the said inquiry ; and in case of his making default therein, 4 bind

to forfeit to Uovernrnent the sum of rupee.

Dated this day of 19 .

1 Name. 3 Place. * State the period. a j or we. 5 Mv4Alf or ouraelvel.

Myeelf or ourselves. jointly and savoraily,

169

IV. MISCELLANEOUS FORMS.

FORM NO. (14) 41[ Old Criminal Process No.141.

-,ammous on information of a probable 'or aoh of the ream,.

No. XII, schedule V, Act V, 1898.

(SECTION 114 OF THE CRIMINAL PROCEDURE CODE.

To

of

WHEREAS it has been made to appear to me by credible information'

that2 , you are hereby required to attend 3

at the office of the Magistrate of

on the day of 19 at ton o' clock in the forenoon, to show cause

why you ehourd not be required to enter into a bond for rupees4

that you will keep the peace

for the term of

Given under my hand and the seal of the Court, this

day of 19

State the substance of the information. And that you are likely to commit a breach of the peace or by which act a breach of

the ',Dace wiil probably b3 occasioned.

3 In person or by a duly authorised agent.

4 When qzretics are reia;,rei, and alio t) give sicirity bi the bond of one or two, as

e

ease may be. eats:), or sare -Aei ia t aq of r.tpee ..eFk.eh kJ/ nvr,1 cptel,

170

IV. MIScELLANE011s FoRsiS.

FORM No. (IYI) 42 [Old Criminal Process No. 16]. Warrant of commitment on failure to find Security to keep the peace.

No. XIII, Schedule V, Act V, 1898.

(SECTION 123 OF THE CRIMINAL PROCEDURE CODE.) To

THEW

WHEREAS2

before me3

the day of to summons calling upon him to show cause why

into' , that he the said5

OF TAE; JAIL AT

appearerd

in obedience he ebould not eater

would keep the peace for the period of months ; and

whereas an order was then made requiring the said5

to enter into and find such security`

and he has failed to comply with the said order.

This is to authorise and require you the said'

to receive the said

together with this warrant and him safely to k the said period of5 the meantime be lawfully ordered to be released, and to return this warrant with an endorsement of its execution.

Given under my hand and the seal of the Court, this day of 19

I Superintendent or keeper. Name and address.

3 In person or by his antherised agent.

'A bond for rupees with one surety or a bond with two sureties, each in rupees. "Name. 'State the security ordered when it differs from that mentioned in the summons.

Superintendent or keeper.

•Term of imprisonment.

NOTE.—See instructions in Volum I, Part I, Rule 70.

into your custody

eep in the said jail for unless he shall in

certifying the manner

171

IV. MISCELLANEOUS FORMS.

FORM No. (M) 43 [Old Criminal Process No. V].

Warrant of commitment on failure to find Security for good behaviour.

No. XI V, Schedule V, Act V, 1898.

(SECTION 123 OF THE CRIMINAL PROCEDURE CODE.)

To

Tnit OF THE JAIL AT

WHIR EAS2

And whereas an order has been recorded stating the same

' Superintend. nt or Keeper.

It has peen made to appelr to me that (name and description) has be 30 en l is lurking within the district of baying no oat neible means of subsistence or that ence he of

is the

unable tie

give any satisfactory account of himself ; or whereas evid g

character of (neme and description) has been adduced before me and recorded from

which it appears that he is an habitual robber or house breaker, etc. (as the case may be). ;

172

and requiring the said3

to furnish security for his good behaviour for the term of

by entering into a bond with6

himself for rupees ands

for rupees and the said 3

has failed to comply with the said order, and for such default has been

adjudged imprisonment for'' unless the said security

be sooner furnished.

This is to authorise and require you the said a

to receive the said3 into your

custody, together with this warrant, and him safely to keep in the said

jail for the said period of9

unless he shall in the meantime be lawfully ordered to he released ;

and to return this warrant with

an endorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this

day of 19

'Name.

'State the period.

'One surety or twoor more sureties, as the ease way be.

'The said surety or each of the said sureties.

'State the terms.

'Superintendent or Keeper.

'Term of imprisonment.

NOTK.—See instructions in Volume 1, Part I, Rule 70.

173

IV. MISCELLANEOUS FORMS.

PORM NO. (>iK) 44 [OLD CRIMINAL PRO ; ESS NO. 18] .

Warrant to discharge a person imprisoned on failure to give security.

No. IV, Schedule V, Act V, 1898.

(SiteTioNe 123 AND 124 OF THE CRIMINAL PROCEDURE CODE.)

T•

Thai of the Jail at

WHEREAS2

was committed to your custody under warrant of this Court

dated the day of ands

This is to authorise and require you forthwith to discharge

the said'

from

your custody, unless he is liable to be detained for some other cause.

Given under my hand and the seal of the Court, this

day of 19

'Superintendent or Keeper or other officer in whose custody the person is.

2Name and description of prisoner

'Has since duly given saculity under section of the Code of Crim ins I Procedure Or

and there have appeared to me euffieient gr, ,unds for the opinion that he can be released without hazard to the community.

4Name.

174

IV. MISCELLANEOUS FORMS.

FORM NO. (M) 45 [OLD CRIMINAL PROCESS NO. 19].

Ordered for the removal of nuisances-

No. XVI, Schedule V, Act V, 1898.

(SECTION 133 OF THE CRIMINAL PROCEDURE COML.)

T oz

Whereas it has been made to appear to me that yous

I do hereby direct and require you within3 to

Given under my hand and the seal of the Oourc, this

day of 19 .

1Name, description and address.

3Continne as in Form no. XVI, Schedule V, Act V of 1898.

3State the time allowed.

175

IV. MISCELLANEOUS FORMS.

FORM NO. (M) 46 [OLD CRIMINAL PROCESS NO. 20).

Magistrate's Order constituting a jury.

No. XVII, Schedule V, Act V ,1898.

(SEcTioN 138 Or THE CRIMINAL PROCEDURE CODE.)

Whereas on the day of 19

an order was issued tol requiring him

and whereas the said' has applied

to me, by a petition bearing date the

day of , for an order appointing a jury to try

whether the said recited order is reasonable and proper, I do hereby

appoint 3

to the jury

to try and decide the said questions and do require the said jury to report

their decision within

days from the date of this order at my office at

Given under may hand and the seal of the Court, this

day of 19

1Name.

%tate the effect of the order.

'The names, sta., of the five or core jurors.

176

IV. 1MISciELLANSOUS FORMS.

FORM NO. (M) 47 [OLD CRIMINAL PROCESS NO. 211.

Magistrate's Notice and Peremptory Order after the Finding by a Jury,

No. XVIII, Schedule V, Act V. 1898.

(SECTION 140 OF THE CRIMINAL PROOEDURE CODE

P01

1 intaitur give you notice that the jury duly appointed on the petition

presented by you on the day of

have found that the order issued cu the day of

requiring you2

is reasonable and proper. Such order has been made absolute, and I hereby

direct and require you to obey the said order, within 3 Un

peril provided by the Indian Penal Code for disobedience thereto.

Given under my hand and the seal of the Court, this day

of 19 .

' Name, description and address.

State substantially the requisition in the order.

g State the time allowed.

177

IV. MISCELLANEOUS FORmh.

NO. (M) 48 [OLD CRIMINAL PROCESS NO. 221.

(NOT TO BE PRINTED.)

Injunction to provide against imminent danger pending inquiry by Jury.

No. XIX, Schedule V , Act V, 1898.

(SECTION 142 0E THE CRIMINAL PROCEDURE CODE).

Tol

WHEREAS the inquiry by jury appointed to try whether my order issued

on the day of 19 is reasonable and proper

is still pending, and it has been made to appear to me that the nuisance

mentioned in the said order is attended with so imminent serious danger to

the public as to render necessary immediate measures to prevent such danger

I do hereby, under the provisions of section 142 of the Code of Criminal

Procedure, direct and enjoin you forthwith toe

pending the result of the local inquiry by the

Jury.

Given under my hand and the seal of the Court this day of 19 .

a Name, description and address.

2 State plainly what is required to be done as a temporary safeguard.

22 H. C.-12

176

IV. 1il8cELLANZ0138 FORmr,

FORM NO. (M) 49 [OLD CRIMINAL PROCESS NO. 23J.

Magistrate's Order prohibiting the repetition, etc., of a Nuisance.

No. IX, ,,S'chedule V. Act V, 1898.

(Sroriox 143 or TIM CRIMINAL PaoCED-Ola Corm.)

Tel

WHEREAS it has been made to appear to use that

I do hereby strictly order and enjoin you that not to repeat the said

nuisance by again placing or causing or permitting to be placed3

Given under my hand and the seal of the Court, this day of

19 .

I Name, description and addreee.

2 rState the proper recital guided by Form no. XVI of Form no. XXI of Schedule V, Act V of 18118, es the case may be.

2 As the case may be.

1 '7 9

FORM NO, (M) 50 [OLD CRIMINAL PROCESS NO. 24'.

Magistrate's Order to prevent obstruction, riot, etc.

NO. XXI, Scitedulr V, Act V, 1898.

(SECTION 144 OF THE CRIMINAL PROCEDURE CODE.)

To'

WHEREAS it has been made to appear to me that you=

1 do hereby=

(liven under my hand and the seal of the Court. this day of 19 .

Name, description and address.

2 Follow the recital given in Form no. XXI, Schedule V, Act V, 1898.

2 Insert bore the order of prohibition.

180

I.V. MISCELLANEOUS FORMS

POEM NO. (M) 51 [Old Criminal Process No. 251.

Magistrate's order declaring Party entitled to retain possession of land, etc., in dispute.

No• XXII, Schedule V, Act V, 1898.

(SircxxoN 145 OF THe CRIMINAL PROCEDURE CODE.)

It appearing to me on the grounds duly recorded that a dispute likely to induce a breach of the peace, existed between'

Concerning certain 2 situate within the local limits of my jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said",

and being satisfied by due inquiry held thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said4.

I do decide and declare that

in possession of the aaid6

and entitled to retain such possession until ousted by due course of law and do strictly forbid any disturbance or 1

poosomion in the meantime.

Given under my hand and the seal of the Court, this day of 19 .

1 Describe the parties by names and residence or residence only bodies of villagers.

2 State concisely the subject of dispute.

3 The subject of dispute.

Name or names, or description.

5 lie is or they are.

The subject of dispute.

His Or their.

If th:, dispute be between

1

1

181

IV, 1111sCELLANECUS FORMS.

FORM NO. (M) 52 [Old Criminal Process No. 26.]

Warrant of attachment in the case of a dispute as to the possession of land, etc.

No. XXIII, Schedule V, Act V, 1898.

(SECTION 146 OF THE CRIMINAL PROCEDURE CODR.)

To THEE

Whereas it has been made to appear to we that a dispute likely to induce a breach of the peace, existed between2

concerning certains

situate within the limits of my jurisdiction, and the said parties were

thereupon duly called upon to state in writing their respective claims as to the fact of actual post-essiou of the said4

and whereas upon due inquiry into the said claims,5

This is to authorise and require you to attach the said

by taking and keeping possession thereof and to hold the

same under attachment until the decree or order of a competent court deter-

mining the rights of the parties or the claim to possession shall have been.

obtained ; and to return this warrant with an endorsement certifying the

manner of its execution.

Given under my hand and the seal of the Court, this

day of 19

1 Police Officer in chance of police-station at or to the Collector of.

2 Describe the parties concerned by name and residence, or residence only if the dl sputa

be between bodies of villagers.

3 State connisely the subject of dispute.

4 Die subject of dispute.

9 I hdispute),

ave decided that neither linable

of the said parties was in posseseion of the said (tbs. or I em nable to satisfy myself ec to which of the said parties ices lit

possession as aforesaid. 6 The stibjeot of dis pate.

182

IV. MIscELLANE017S FORMS.

FORM NO. (M) 53 [Old Criminal Process no. 27].

Magistrate's Order Prohibiting the Doing of anything on Laud or Water

XXIV, Schedule V, Act V, 1898.

(SECTION 147 OF TE1E ORIMINAL PROCEDURE CODE.)

A dispute having arisen concerning the right of use of

within the limits of my jurisdiction, the possession of which situate

is claimed exclusively by3

and it appearing to me on duo inquiry into tlio same, that the said'

has been opened to the enjoyment of such use by5 ands

I do order that the said or any

one in their interest, shall note possession of

the said 9

to the exclusion of the enjoyment of the right of use aforesaid, until 10

shall obtain the decree or order of a competent Court adjudging to be entitled to exclusive possession.

Given under my hand and the sea/ of the Court, this day of 19

1 State concisely the subject of dispute. Lnnd or water.

3 Describe the person or persons.

4 Land or water.

The public or if by an individual, or a class of persons describe him or them. 6 (if the use can be oajoye 1 througbut the year) that the said use has been enjoyed

within thra3 moues of the institution of the said imialry (or if the use is enjoyable only Lt panic liar say)., “Dnring the last of the seasons at which the same is capable of being enjoyed".

7 'Po el Litniat or claimants of possession. • Take or retain,

▪ Land or water.

10 He or they.

43 kiim or them.

183

IV. M18OBLLANEOUS FoRME".

FORM NO. (M) 54 [Old Criminal Process No. 281.

Bond and Bail-bond on a preliminary inquiry before a Police officer.

No. XXV, Schedule V, Act V, 1898.

(SEartoN 1439 OF THE CRIMINAL PILOCEDUEE 00DE.)

of being

charged with the offence ofi and after inquiry

do hereby bind myself

to appear at in the Court of

ou3

to answer further to the said charge and in case of my making default herein, I bind myself to forfeit to Government, the sum of rupees

Dated the day of 19 .

a

for the above said that ho shall attend

at in the Court of

on 5

further to answer the charge pending against him; and in case of his making default therein•

to forfeit to Government. the sum of rupees

Dated this dap of l9 .

Nara*. Required to appoar before the Magistrate of orand after inquiry called upon to eater

into my own recognizance to appear when required.

The day of next or on suoh day as I may hereafter be required to attend.

4 I hereby declare myself for we jointly and several)), declare ourselves and each of us)

aurety.(or sureties).

5 The day of next (or such day at bt way ttr, Our le xt qvirtcl to attetd).

I hereby bind myself (or we is reby bird ourselves).

184

Form No. (M) 55 [Old Criminal Process no. 29].

Bond to Prosecute or give Evidence,

No. XXVI, Schedule V, Ad V, 1898.

( SECTION 170 or THE CRIMINAL PROCEDURE CODE.

F, of 2

de

hereby bind myself to attend at , in the

Court of

at

o'clock on the

day of

next, and then and there to 3

in the matter of a charge of

against one ; and in case of making

default herein, I bind myself to forfeit to Government the sum of rupees

Signature.

Dated this

day of 19

1Name.

'Place.

3Prosecute or prosecut and give evidence, or give evidence.

186

Form No (M) 56 [Old Criminal Process No. 30].

Notice of Commitment by Magistrate to Government Pleader.

No. XXVII, Schedule V, Act V, 1891.

( SECTION 21'; ov THE CRIMINAL PROCEDURE CODE.

The Magistrate of

hereby gives notice that he has committed one

for trial at the next Sessions : and the Magistrate hereby

instructs the Government Pleader to conduct the propocution of the

said case.

The charge against the accused is that,'

Magistrate.

Dated this day ol 19

1Itate the othence ea in the charge.

186

Form No. (IN) 5T (Old Criminal Process No. 31].

Warrant of Commitment for Intermediate Custody in Cases Committed to the Sessions.

SFaVION 220 OF THE CRIMINAL Pitf,OIDURE COW:. )

To th1.1,04 Or

WHERVAS

is charged with

and has been committed to take his trial before the Court of

at

You are hereby required to receive the said

into your custody and produce him before the said Court when -

so requited.

At agis trate.

Dated the 10

1 8 7

FORM NO. (M) 58 [OLD CRIMINAL PROCESS NO. 32].

Charge with one head.

No. XXVIII (1), Schedule 1', Act V, 1898.

(SEcTioNs 221, 2 -22, 223 OF THE CRIMINAL PROOEDURE COPE.)

11

hereby charge you'

as follows :—

That you, 011 or about the

day of at a

and thereby committed an olhucc punishable under section

of the Indian Penal Code, and within'

And I hereby direct that you be tried by the said Court on the

aid charge.

...11,2giatrate.

Dated this

day of 19 •••••.•••••

'Name and office of Magistrate, etc.

,Nome of accused person.

'State the ,f6ence.

IMy cogni7ance or the cognizance or the Court or Session.

51n cases ttifd by Magistrate omit "hy the raid Court.,"

18S

FORM No. (M) 59 [Old Criminal Process No. 33

Charges with two heads,

No. XXVIII (1 1), Schedule V. Act, P, 1898.

(SECTIONS 221, 222, 223, OF 114E CIUMINAL PROCEDURE CODE).

here by charge you3

as follows:—

Firstly—That you, on or about the

day of at

and thereby committed an offience punishable under section

of the Indian Penal Code, and within3

Secondly.—That you, on or about the

day of at

and thereby committed an offience punishable under section

of the Indian Penal Code, and within

And I hereby direct that you be tried by the said Court on the said charges4.

Mayistrati,

Dated this

day of 19

1 Name anti office of Magistrate, etc.

2 Name of accused person.

3. My cogoizance or the cognizance of the Court of Session.

4 In cases tried by Magistrate omit "by the said Court".

189

FORM NO (M) 60 [Old Criminal Process No. 34].

Charges with three heads.

No, XXVIII (II), Schedule V, Act V, 1898.

(SzcTioNs 221, 222. 223, OF THE CRIMINAL PROCEDURE CODE.)

hereby charge you,2

as follows :--

Firstly.--That you, on or about the day of

at

and thereby committed an offience punishable under section

of the Indian penal Code and within 3

Secondly--That you, on or about the day of

at

and thereby committed an offience punishable under section of the Indian

Penal Code, and within 3

Thirdly—That you, on or about the day of

at

and thereby committed an offience punishable under section

of the Indian Penal Code, and within 3

And I hereby direct that you be tried by the said Court' on the said charges.

Magistrate

Dated this day of

19 •-•.•=•••••••••••••••

1. Name of office of Magistrate, etc. 2. Nail,* of accused person. $ My cognizance or the cognizance of the Court of Session, 4. In cases tried by Magistrate omit, "by the said Court".

190

FORM NO. (M)61 [Oid Criminal Process No. 35.

Charges with four heads.

-No. XX VW (Hi Schedule V, Act V, 1898. (SEcrioNs 221, 222, 223 OF THE CRIMINAL PROCEDURE CODE.)

ji

hereby charge you,3

es follows

Firstly—That you, on or about the

at and thereby committed an oflibnce punishable under qection

of the Indian Penal Code, and within 3 ,Secondly---That you on or about the

at

and thereby committed an offience punishable under section

of the Indian Penal Code, and within • Thirdly—That you. on or about the

at

day of

day of

day of

and therby committed an ofliencc punishable under section

of the lodian Penal Code, and within 3

Fourthly—That you, on or about the day of at

and thereby committed an offience punishable under section

of the Indian Penal Code, and within 3

And I hereby direct that you be tried4 by the said Court on the said charges.

Dated this

day 19 Magistrate

1 Name and office of Magistrate, etc.

2 Name of accused person-

3 Sty cogniznce or the cegnizance of the Court of Session.

a In cats.s tried by Magistrates emit "by thosaid Court".

191.

FORM NO. (M) 62 101d Criminal process No. 36.)

Charge after a previoua Conviction.

No. XX VIII (III), Schedule V, Act V, 1898.

(Situnotis 221, 222, 223 or iglu CRIMINAL PROCEDURE CODE.)

hereby charge you as follows

That you, on or about the day of at

committed and thereby corniaitted

an offence punishable under section of the Indian

Penal Code, and within the cognizance of the3

And you the said4 stand further charged that you before the committing of the said offience that is to say, on the clay of

had been convicted by they at

of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment for a term of three years, that is to nye

which conviction is still in full force and effect and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code,

And I hereby direct that you be tried by the said Court on the said

charge.

Name and otiice of Magistrate, etc,

2 Nax.0 of accused person.

3 Court of 8ersiion or Magistrate as the case may he.

4 Name of accused.

State Court by which conricti , ,n was ht•Id.

6 DteiOrib the offence in tho words need le the ,eetion nadae which this offence was

O mmitted.

FORM NO (M) 63.

193

FORM NO. (M) 63 [Old Criminal Process No. 37].

Warrant of Commitment on a sentence of Imprisonment of Fine if passed by a Magistrate.

--V O. XXIX, Schedule V, Act V ; 1898.

(SECTIONS 245 AND 258 OF THE CRIMINAL PROCEDURE CODE.)

To

THE1 OF THE JAIL AT

WHEREAS on the day of 19

2

t prisoner in case No. of the calendar for

19 , was convicted before me'

of the offence of5

under section° of they

and was sentenced tos

This is to authoris3 and require you the said9

to receive the said1° into your custody in the

said jail, together with this warrant, and there carry the aforesaid sentence

i nto execution according to law.

Given under my hand and the seal of the Court, this day

of 19

NOTE.—This form applies to all Criminal Courts nititati8 mutandis.

'Superintendent or Keeper. 'Name of prisoner. 31st, -nd. 8rd as the case may be. 'Name and official designation. 5-Mention the ofience or offences concisely. 'Or eections. I ndian Penal Code or of A ot.

°State the punishment fully and distinaly. °Superintendent of Keeper. "Prisoner's 111111110.

22 H, C.-13

Fath

er's

nam

e

Imp

riso

nm

ent

in d

efau

lt of fi

ne

rate

of

sent

ence

0 0 0

Cr2 Dat

e o

f ex

pir

y o

f se

nte

nce

rki

Sup

erin

ten

dent

.

Pri

sone

r's

pro

pert

y ta

ken

over

by

Jail

or.

Dat

e o

f re

turn

of

war

ran

t to

con

v ict

ing

Cou

rt,

194

Transferred from to

date

Transferred from to date

Transferred from to date

0

cv

cA a) z

Certified that the within named been this day released on expiry'of sentence.

Date. Jailor.

Certified that tier within named

been this day released,

under the remission rules. having been remitted by special o"der of Government.

Date Jailor.

has

Superintendent.

has

days of his sentence

Superintendent,

195

FORM NO. (M) 64 [Old Criminal Process No. 38]

Form to be attached to all warrants of Commitment.

sli re el p.

'IC3 7:5

•64

4 o

...3. 0 0 1.-. PS A c..).

C 0 Ir. 0 As 0 0 V

i• 0 0 ... P. o ••

1-•

ps V

7:5I 0

—• • 7:5

co , 0 ' A A

•-• 0

l'i .LI 0 ° •!. :CI

••-, Et C,

.:::

o V al as , ..... a- *8

sa 1.1 0

m

s-, e, el —• .0 as C.) a) A

m

5

tC-51„

'G.

a; ,...- . ca. 0 ci

A 0 ... CO 0 — CU ril 0 b$37., o

a 01 .... .0 0 0 0

1.4 0 rI . _ 5) 0

,,,, .... 0

as 4-, 9 ° ....• 0 •p o la

c=i-E, . ••-• 0 •••

07 e; 0 .7, 0 aa 0

ti 0

n_, .... f..., 0:1 .4 ca .-D

C".; •0 .

ca. o ..... u...

ir

FORMER. CONVICTIONS,

ei

l'Z' A

g

a 0 A •

'0 a) r)

P., '17. FC1

0

cs3 •••• • .......... ,, A a 0 al ....."' 0 0

0 4:1 • 0

,.., 0 0 '.'" A

Ct

1 2 1 3 4 8 7 ) 8 9 10 11

NoTI.—In column 1 not only tho village but the police-atation and district within wktsh the convict resides should be given,

196

FORM NO. (M);65 [Old Criminal Process No.391. WARRANT OF IMPRISONMENT ON FAILURE TO RECOVER AMENDS

BY ATTACHMENT AND SALE.

No. XXX, Schedule V, Act V, 1898.

(SECTION 250 OF THE CODE OF CRIMINAL PROCEDURE.)

To the Superintendent (or Keeper) of the Jail at

WHEREAS'

has brought against 2

th complaint that3

and the same has been dismissed as false and frivolous (or vexatious), and the order of dismissal awards payment by the said*

of the sum of rupees as

amends ; and whe7eas the said sum has not been paid and an order has been made for his simple imprisonment in jail for the period of days, unless the aforesaid sum be sooner paid ;

This is to authorise and require you, the said Superintendent (or Keeper) to receive the said6

into your custody, together with this warrant, and him safely to keep in the said jail for the said period of6

, subject to the provisions of section 69 of

the Indian Penal Code, unless the said sum be sooner paid, and on the receipt thereof forthwith to set him at liberty, returning this warrant with an endorse-ment certifying the manner of its execution.

Given under my hand and the seal of the Court, this

day of 19

(Seal) (Signature.)

'Name and deaoription. "Name and desoription of accused person. aMeotion it conoialy. 'Name of complainant. 6N e. *Warne of imprisonmeat.

197

FORM NO. (M) 66 [Old Criminal Process No. 40]

Summons to Witness.

Xo. XXXI, Schedule V, Act V, 1898.

(SECTIONS 68 AND 252 OF THE CRIMINAL PROCEDURE CODE).

OF

WHEREAs complaint has been made before me that

of

committed the offence of 2

and it appearR to me that you are likely to give material evidence for the

prosecution.

You are hereby summoned to appear before this Court on the

day of next at ten 3 o'clock in the foreno n to testify what you

know concerning the matter of the said complaint, and not, to depart thence

without, leave of the Conrt, and you are hereby cautioned that if you shall with-

out just excuse neglect or refuse to appear on the said date, a warrant will be

issued to compel your attendance.

Given under my hand and the seal of the Cour, this day of

J.9 .

'Has or is suspected to have. "State the offence concisely with time and place. 'Or six an tbe ease may be.

To

I

198

FORM NO. (M) 66-A.

Summons to produce Documents, etc.

(SECTiON 94 OF THE CRIAINAL PROCEDURE CODE.)

OF

WEJCS,LAS complaint has been made before me that

of

committed the offence of 2

and it appears that the production of the following document or thing, to

wit is necessary for the purpose of inquiry or trial before

me and which is in your possession or power.

You are hereby required to appear and produce the aforesaid3

before this Court, or send it through a messenger to this court on at

Dated this day of 19 .

Seat

Signature

• Has or is suspected to have. t State the offence concisely with time and place, • State the description of the document or thing.

199

FORM NO. (M) 69 [Old Criminal Process No. 43].

Warrant for intermediate Custody.

(SECTION 344 OF THE CRIMINAL. PROOEDUEE CODE.)

To

THE OFFICER IN CHARGE OF THE JAIL OF

WHEREAS ,801.1 of

of village , Police-station in the district of

is charged with' and has been remanded to custody

until the2

You are hereby required to receive the said

into your custody and to produce him before me on the 49id day ats

Magistrate.

Dated the,

day of 19

1 Here state offence and law.

2 Here give date- 3 Here state the boar.

200

IV, MISCELLANEOUS FORMS. (APP. A.

FORM NO. (M) 70 [Old Criminal Process No. 44].

Warrant of Commitment under Sentence of death.

No. XXXIV, Schedule V, Act V, 1898.

(SECTION 374 OF THE CRIMINAL PROCEDURE CODE.)

To

The. OF THE JAIL AT

WHEREAS at the Session held before me on the

day of

19

then prisoner in case said Session, was duly convicted amounting to murder under section sentenced to suffer death, subject to by the High Court of Judicature at

no. of the calendar at the of offence of culpable homicide

of the Indian Penal Code, and the confirmation of the said sentence

Patna.

This is to authorise and require you, the said's.

to receive the saids into your custody in the together with this warrant and him there safely to keep until receive the further warrant or order of this court carrying the order of the said High Court.

Given under my hand and the seal of the Court, this

day of 19

said jail, you shall

into effect

Sessions Judge.

1 Superintendent or Koeper. 2 Name of prisoner

a let, 2nd, 3rd, as the case may be. 4 Superintendent ur Keeper. 6 Prisoner's name.

APP. A]

201

IV. MISCELLANEOUS FORMS.

FORM NO. (M) 71 [Old Criminal Process No. 45].

Warrant of Execution on Sentence of Death.

So. XXXV, Schedule V, Act V, 1898.

(SECTION 381 OF THE CRIMINAL PROCEDURE CoDI{.)

To

THE' OF THE JAIL AT

WHEREAS 2

the3 prisoner in case no.

held before me on the day of

by a warrant of this Court, dated the committed to your custody under sentence order of the High Court of Judicature at sentence has been received by this Court.

of the calendar at the Session 19 , has been day of

of death, and whereas , Patna confirming the said

This is to authorise and require you the said4

to carry the said sentence into execution by causing the said

to be hanged by the neck until ha

be dead, at5 and to return this

warrant to the Court with an endorsement certifying that the sentence

has been executed.

Given under my band and the seal of the Court, the

day of 19

SC8880168 Judge.

1 Superinten dent or Keeper. 2 Name cf prisoner- 3 1st, 2nd, 3rd as the ease maybe.

Superintendent or Keeper. 6 Time and plane or execution.

202

MISCELLANNOUS FORMS

(Arr. A.

FORM NO. (M) 72 [Old Criminal Process No. 46].

Warrant after a Commutation of a Sentence.

No. XXXVI, Schedule V, Act V, 1898.

381 AND 382 OF THE CRIMINAL PROCEDURE CODE.) (SEOTIONS

To

THE' OF THE JAIL AT

WHEREAS at a Session held on the

of 19 thee prisoner in case no. the said Session was convicted of the offence of

punishable under section Code, and sentenced to thereupon committed to the which is has been

This is to authorise and require you, the said5

safely to keep the said° in ' your custody in the said

2

day

of the calendar at

of the Indian Penal , and was

by the order of (a duplicate of

the said sentence

your custody; and Court of

hereunto annexed) the punishment adjudged by commuted to the punishment of4

whereas

Given under my hand and the seal of the Court, this day of 19

Sessions Judge. 1 Superintendent or Keeper. 2 Name of prisoner. • 1st, 2nd, Srd, as the case may be. 4 Imprisonment for life or as the case may be. 5 Sneerinentdent or Keeper. • Prisoner's name.

Continuo as directed in Form no. XXXVI, E (1. ( du le V, Act V, /Eli&

203

APP. A. I IV. MISCELLANEOUS FORMS.

FORM NO. (M) 731[01d Criminal Process No. 47].

Warrant to levy a Fine by Attachment and Sale.

No. XXXVII, Sch(dule V, Act V,1898.

PsorreN 386 (1) (a) OF THE CRIMINAL PROCEDURE CODE.]

WHEREAS 2

was on the day of 19

convicted before me of the offence Of 3 and sentenced

to pay a fine of rupees and whereas the

said4 , although required to pay the

said fine, has not paid the same or any part thereof.

This is to authorise and require you to make attachment by seizure of any movable property belonging to the said

which may be found within the district:lof ; and, if within6

next after such attachment the said sum shall not' be paid (or forthwith), to sell the movable property attached or so much thereof as shall be sufficient to satisfy the said fine; returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Given under my hand and the seal of the Court, this

day of 19

1 Name and designation of the Police oflicer or other personlor persons who is or

. are

to execute the warrant. 2 Name and description of the offender.

3 Mention the offence concisely Name.

5 Name. e State the number of days or hour allowed.

204

FORM NO. (M) 73 (1).

Warrant for realisation of fine.

[SECTION 386 (1) (b). CRIMINAL PRoCEDURR CODE (ACT V OF 1898).]

To

THE COLLECTOR,

Whereas

son of

of village was on the day of 19 , convicted before me of the offence of

and sentenced to

and to pay a fine of

and whereas the said

although required to pay the said fine, has not paid the same Rupees

thereof.

This is to authorise you to realise the said fine unpaid part of the said fine by execution according to civil process against the movable or immovable property, or both, of the said defaulter returning this Warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Given under my hand and the seal of the Court, thia day of 19 .

Seal .Magistra! e.

205

FORM NO. (M) 73 (II).

Bond for Appearance of offender Released pending Realisation of fine.

No. XXXVII A, Schedule V, Act V of 1898.

(SECTION 388 OF THE CODE OF CRIMINAL PROCEDURE.)

Whereas II, , inhabitant oft

have been sentenced to pay a fine of rupees and in default of payment thereof to undergo imprisonment for

; and whereas the Court has been pleased to order my release on condition of my executing a bond for my appearance on the

following date (or dates), namely :—

I hereby bind myself to appear before the Court of o'clock on the following

at and, date (or dates) namely :— in case of making default herein, I bind myself to forfeit to Government, the

sum of rupees

Dated this day of 19 .

(Signature)

Where a bond with sureties is to be executed, a Id :—

We do hereby declare ourselves sureties for the above named that he will appear before the Court of

on the following date (or dates), and, in

namely :— case of his making default therein, we bind ourselves jointly and severally to forfeit to Government, the sum of rupees

(Signature.)

Name. s Nage.

206

FORM NO. (M) 74 [OLD CRIMINAL PROCESS NO. 48].

Warrant of Release on Appcal.

(SECTION 423 OF THE CRIMINAL PROCEDURE CODE.)

In the Court of the at

To

THE OFFICER IN CHARGE OF VIE JAIL AT

WHEREAS

, son of , of village of Police-station in the district of

who was convicted byl or the offence oft and was sentenced on the day of

to has been acquitted on appeal by Court

You are hereby directed to discharge the said out of your custody, unless he is liable to be detained for some other matter, and for your so discharging him this shall be your sufficient warrant.

Given under my hand and the seal of the Court, this day of 19 .

Sessions Judge or .biagistratc.

Name and official designation.

2 Mention the offence quoting also Act and eaction.

207

FORM NO. (M) 75 [OLD CRIMINAL PROCESS NO. 49].

Warrant for use by Appellate Court when a Sentence is modified on Appeal.

(SEcT:roN 423 OF THE CRIMINAL PROCEDURE CODE.)

In the Court of the at

To THE OFFICER IN CHARGE OF THE JAIL AT

G.L.1/4

WHEREAS

of village

Police-station

, son of

in the district of

was convicted by Magistrate of of the offence of

and was sentenced by on

day of 19 to

modified on appeal by this Court, and in lieu thereof the said , which conviction and sentence have been

has been convicted of the offence of and sentenced on the day o

19 to

This is to authorise and require you the said Superintendent to receive

the said into your custody in the said Jail, together with this warrant,. and carry the aforesaid sentence into execution according to law ; and this is further to authorise and require you to return to this Court the original warrant of commitment in lieu whereof this warrant is issued.

Given under my hand and the seal of the Court, this

day of 19 .

Sessions Judge or Magistrate.

208

Transferred from to date

Transferred from to date

Transferred from to date

Register number

Name

Father's name

Sentence

Date of Sentence

Date of expiry of Sentence

Fine

Imprisonment in default of fine

Prisoner's property taken over by Jailor

Jailor Superintendent

Date of return of warrant to convicting Court.

Certified that the within-named

has been this day released on expiry of sentence.

Date Jailor. Superintendent.

Certified that the within-named been this day released,

under the remission rules. having been remitted

by special order of Government.

has days of his sentence

Date Jailor. Superintendent.

'209

FORM NO. (M) 76 [OLD CRIMINAL PROCESS NO. 50].

Order by the Sessions Judge for the Relaa3e oV a Prisoner on Bail.

(SECTIONS 428 AND 438 OF THE CRIMINAL PROCEDURE CODE.)

In the Court of the at

Case

Appeal 110. of 19

Revision

To

Tun c.))!

WEEREAS(1)

if an offence under section of the

Magistrate of on the

19 , has been to this

Court an order has been passed under section of -the Criminal Procedure Code for his release on bail until his (3)shall have been dis-

posed of.

You are hereby required to release the said on good and sufficient bail(4) accordingly, and to return to this Court the original warrant of commitment. If the prisoner is unable to furnish bail you should forthwith return this order with an endorsement to that effect.

Given under my hand and the seal of the Court, this day

of 19 .

Sessions Judge or Magistrate.

ffG/F.L.L...7LT

(t) Annie or convicted, by or before. (2) Statasentonce or period of remand to jail. Appeal or application.

(8 ) Caee or appeal. (a) If the amount of bail is fixed by the Appellate Court, eater it here.

22 H, C.—lL

day of

(2) and on

210

FORM NO. (M) 77 [OLD CRIMINAL PROCESS NO 54].

Warrant of Commitment in Certain Cases of Contempt when a Fine is imposed.

Nc.XXXnu,ScheAle V, Act V, 1898.

(SECTION 480 OF THE CRIMINAL PROCEDURE CODE.)

TO

Tirs(1)

OF THE JAIL AT

WHEREAS at a Court held before me on this day(2)

in the) of the Court committed wilful contempt ; and whereas for such contempt the said(4) has been adjudged by the Court to pay a fine of rupees or, in default, to suffer simple imprisonment for the space of f s)

This is to authorise and require you the s) of the said jail, to receive the said(') into your custody together with this warrant, and him safely to keep iu the said jail for the said period of(8) unless the said fine be sooner paid, and on the receipt thereof forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.

Given under my han and the seal of the Court, this day of 19

( 1) Superintendent or Keeper. ( 21 Name and description of th • offender. (3) Presence or view. (4) Name of offender. O Stat th number of months or (1 tys. (c) Superintendent or Iie per. (7) Name of effender. (8) Terre of imprisonment,

211

FORM NO. (M) 78 [OLD CRIMINAL PROCESS NO..55] •

Magistrate's or Judge's Warrant of Commitment of Witness Refusing to Answer.

No. XXXIX, Schedule V, Act V, 1898.

(SECTION 485 OF THE CRIMINAL PROCEDURE CODE.)

To(1)

Wrotrtrae(2)

being(3) as a witness, and this day required to give evidence on an inquiry into an alleged offence, refused to answer(4)

put to him touching the said alleged ofbuce and duly roc)rded without alleg-ing any just excuse for such refusal, and for his coutlmpt his been adjudge

detention in custody for(6)

This is to authorise and require you to take the said(6) into custody, and him safely keep in your custody for the

space of days, unless in tne meantime

he shall consent to be examined and to answer the questions asked of him,

and on the last of the said days or forthwith of such consent being known to bring him before this Court to be dealt with according to law ; returning this warrant with an endorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this

dity of 19

( 1) Name and designation of officer of Cowl . (=) Name and description. (6) Summoned or brought before this corm. (') A oertsin question or certain questlene.

(6) Term of detention adjudged. (6) Name.

212

FORM NO. (M) 79 [OLD CRIMINAL PROCESS NO. 56].

Warrant of Imprisonment on Failure to Pay Maintenance

No. XL, Schedule V, Aci V, 1898.

(SECTION 488 OF THE CRIMINAL PROCEDURE CODE.)

To

TiIE(1)

oF THE JAIL AT WHEREAS(2)

has been proved before me to be possessed of sufficient means to main- tain hiss) who is

by reason of(4) unable to maintain() and to haven

to do so, and an order has been duly made requiring the said(7) to allow to this said(8) for

maintenance the monthly sum of rupees and whereas it has been further proved that the said(7) in wilful disregard of the said o-der has failed to pay rupees being the amount of the allowance for the menth(`) of

And thereupon an order was made adjudging him to undergo( 10 ) imprisonment in the said jail for the

This is to authorize and require you the said(11) to receive the said into your custody in the said jail, together with this warrant, and there carry the said order into execution according to law ; returning this warrant with an endorse-ment certifying tno manner of its execution.

Given under ,ny Land and the seal of the Court, this day of 19 .

Judge or Magistrate.

( ,) Superintendent or Keeper. (2) Name, descripkIon and address. (3) Wifo (name) or his child (name). (4) Stato the reason. (6) Herself or himself I") Neglected or r,fueed. (7) Name. (°) Wife or child. (,) Or monthe.

(10) Simple or rigorous. ( 11, Superiutentendent or Keeper.

period of

213

FORM NO. (M) SO [ OLD CRIMINAL PROCESS NO. 57]>

Warrant to enforce the pay (tient of Maintenance by attachnunt and sale.

No. 2CLI, P,ch Jule V, 1898.

(ST:crioN 4S OF TILE CRIMINAL PROCEDURE CODE.)

Tol

WHERE.AP, an order has been duly made requiring2

to allow to his said 3

for maintenance the monthly auto of rupees in wilful disregard of the said

and whereas the said order has failed to pay rupees being the amount of the

allowance for the month`' of

This is to authorise and ruquire you to attach any movable property

belonging to the said2. which may be found

within the district of , and if within5 next after such attachment the said sum shall not be paid tor forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to

satisfy the said Bum returning this warrant with an endorsement certifying what

you have done under It immediately upon its execution.

Given under my hand and the seal of the Court, this

day of 19

Name and designation of th , Polioe-officet or other person to execute the wart ant

2 Name 3 Wife or child. 4 Or mohrhs. 5 StatotUe cumber of days or hours allowed,

214

FORM NO. (M) 81 [OLD CRIMINAL PROCESS NO. 581.

Bond and Bail-bond on a preliminary inquiry or trial before a Magistrate.

No. XLII, Seedule V, Act V, 1898.

(SECTIONS 496 AND 49f; OF THE CRIMINAL PROCEDURE CODE.)

1 1 of 2 being brought before the Magistrate of 3 charged with the offence of and required to give security fbr my attenaance in his Court or in any other Court where the case may,.he pending and at the Court of Session, if required, do bind myself to attend at the Court of the said Magistrate or of such other Magistrate before whom the

10 0 A, M.4

case may be pending at -- or such subsequent hour as may be 6.30 A at.

directed on every day of the preliminary inquiry or trial into the said charge and, 4,liould the case be sent for trial by the Court of Session, to be and appear before the said Court when called upon to answer the charge against me and, in case of my makilg default herein, I bind myself to forfeit to Government, the sum of rupees.

G L. 1/61 Dated this day of 19

Surety 45 for the said° that he shall attend at the Court of or of such other Magistrate before

10.30 A.. M 7 whom the case may be pending at — or such subsequent hour as

6 30 A. M. may be directed, on every day of the preliminary enquiry or trial into the offence charged against him. and, should the case be sent for trial by the Court of 8etsion, that he shall be, and appear before the said Court to answer the charge againEt him, and in case of his making default thereins, to forfeit to Government, the sum of rupees

Dated this day of 19

I Name.

2 Place. '1 As the oas, may be. 4 Strike out as may be necessary. 5 I hereby declare mys,lf or we jointly and severally declare ourselves and each of us. 6 Name. 7 Strike out as may be necessary, P I bind myself or we bind onreelvee,

215

FORM NO. (M) 82 [OLD CRIMINAL PROCESS NO, 58 E 1.

Bond and Bail-bond upon appeal.

(SEE SECTIONS 426 AND 49c) OF TIIR COPE OF CRIMINAL PROCEDURE -)

I, s resident of 2 Police-station having Magistrate

preferred an appeal to the 8 against a conviction by the --- Sessions Judge

of a under section of the Indian Penal Code and an order having been passed by the Appellate Court under the provisions of section 426 of the Code of Criminal Procedure, 1 ge8, for my release can bail pending decision of the appeal, do herohy bind myself that I shall attend, if so required by the said Court in tl e said or any other Court and that I shall if under the said decision any sentence remains to be undergone by me surreder to the? trying

District Magistrate 1

Magistrate on being called upon to do so by the 7 on

Subdivisional Magistrate such date as be may direct to undergo the said sentences and in case of my making defult therein I bind myself to forfeit to Government the sum of Re. 5 only.

Dated this day of

I hereby declare myself surety (6)

We hereby (Jointly and severally) declare ourselves and each of us sureties for the above said directed by the Appellate Court to be released on bail pending decision of the appeal preferred by him, that he shall attend, if so required by the said Court, in the said or any other Court and that he shall, if under the said decision any sentence remains to be undergone by him surrender to the 7 trying Magistrate on being called upon to do so by the? District Magistrate '

— on such date as he may direct to undergo the said Subdivisional Magistrate

forfeit to Government the sum of Rs. 5 only.

Dated this day of 19 Signature.

Name. 2 Village or street and town

3 Designation of Appellate Court. 4 Alter as required. 6 Words and figures 6 Strike out as may beneeeSaary, 3 pelete if not required.

Signature.

I bind myself sentence, and in case of his making defaulttherein to

We bind ourselves

21G

FOB.M NO, (M) 82-A (NEW),

Bond and Bail-bond on Appeal against acquittal.

(SEcTioNs 427 AND 499 OF THE CODE OF CRIMINAL PROCEDURE.)

I, resident of 2 -- Police-station being brought before the Court of 3•-- on a warrant of arrest issued by the High Court under section 427 of the Code of Criminal

Magistrate 4 Procedure on an appeal against my acquittal by the — of 5

Sessions Judge — and an order having been passed under the provisions of the

said section by the Ccurt for my release on bail, do hereby bind myself that I shall attend in the High Court at htna on ---- —at 10-30 A. M. and continue so to attend until the disposal of the aforesaid appeal, and in case c.f my making default therein I bind myself to forfeit to Government the sum of rupees?

I do further bind myself to surrender to the District Magistrates within three days after the date of decision or, if no date has been fixed for decision, on such date the District Magistrate may direct, if by the decision of the aforesaid appeal any further enquiry, retrial. commitment for trial or any sentence is ordered to be undergone by me and in case of my making default therein I bind myself to forfiet to Government the aforesaid sum of rupees 7

Sig latti re

I hereby declare myself surety 8 for

We hereby jointly and severally declare ourselves and each of us sureties the above named has been released on bail after having been arrested on an appeal against his accnittal that he shall attend in the High Court at Patna on - at 10-30 A. Si. and continue so to attend until the disposal of the appeal in the said Court and

I bind myself in cars of his making default therein to forfeit to Govern-

We bind ourselves ment the sum of rupees 7 sle•Neel,

I hereby declare myself surety s

217

We hereby jointly and severally declare ourselves andeach of us sureties that the aforesaid shall surrender to the District Magistrates

within three days after the d:,te of decision or, if no date has been fixed for the decision on such date as the District Magistrate may direct, if by the decision of the aforesaid appeal any further enquiry, retrial, commitment for trial or any sentence is ordered to be under- gone by the said — --, and in case of his making

I bind myself 8 default therein

to forfeit to Government the sum of

We blnd ourselves

rupees

Dated this day of

Signature,

/ flame of the accused.

2 Village or street and town.

3 Designati,,n of the Court.

4 Alter as required.

5 Place. Date.

7 Words and Enures.

8 Strike out as may be necessary.

218

FORM NO. (M) 83 [OLD CRIMINAL PROCESS NO. 58F],

Notice to Bailee to produce a person released on Pail by order of the Appellate Court.

To 1 .resident of 2 Police-station

WHAREas you by a bail bond, dated declared you surety in the sum of lis 3 for 4 .. .... resident of 2 Police station directed by the 5 . . ._. . . to be released on bail pending decision of his appeal and whereas under the decision of the said Courc a period of sentence remains to be undergone by the said bailee, you are hereby required to procure the surrender of the said bailee to we on or before the day of . ...... ....19 failing which proceeding will be taken against you under seition 514 of the Code of Criminal Procedure

Dated this day of 19

Magistrate.

I Name of the bailer. 2 Village or street and town. 3 Words and figure. 4 Name of bailee. 3 Designation of the Court,

210

FORM NO. (M) 84 [OLD CHINIIN L PROCESS NO. 59].

Warrant to discharge a Person Imprisoned on failure to give Security.

No. XLIII, Schedule T', Act 17, 1898.

(SECTION $90 OF THE ORIMINAL PROCEDURE CODE.)

To

THE1 OF THE JAIL AT

WHEREAS 2

was committed to your custody under warrant of this Court, dated the

day of , and

has since with his surety duly executed a bond under

section 499 of the Criminal Procedure Code.

This is to authorise and require you forthwith to discharge the 'aids

from your custody, unless he is

able to be detained for some other matter.

Given under my hand and the seal of the Court this

day of 19

Superintendent or Keeper os other officer in whose custody the person ie.

! Name and demaiption of prisoner.

Name

220

FORM NO. (M) 85 [OLD CRIMINAL PROCESS NO. 6O]

Commission to Examine a Witness.

(SEorioN 508 On 506 op Trff, CRIMINAL PEOCEDURE CODE

In the Court of

State on the prosecution of

VerSUS

To'

WHER BAB now under trial before the Magistrate of and it is necessary for the purpose of such trial to examine the person named in the margin as witness on behalf of

You ore hereby appointed Commissioner with authority under the provisions of section 2 of the Criminal Procedure Code, Act V of 189s, to examine and cross-examine the said witness upon the interroga-tories hereunto annexed or viva-v se or both ; and you are hereby required, at certain days and places to be appointed by you for that purpose, to examine and cross-examine the said witness as aforesaid, upon such oath or affirmation as is by law required to be taken by witnesses ; and you are hereby further required to reduce the evidence of the said witness into writing, and to send the same under your signature to this Court without delay, together with such documents as may he spoken to by the said witness, marked as exhibits, and the said interrogatories and this writ.

Fated at the day of in the year one thousand nine hundred and

Judge.

None and designati )1.1 of Magistrate or officer to whom the commission is issued. ! 603 or 60fi.

231

FORM NO. (M) 86 [OLD CRIMINAL PROCESS NO. 611.

Warrant of Attachment to enforce a Bond.

No. X L1 V, Schedule V, Act V, 1898.

(SECTION 514 OF THE CRDIINAL PROCEDURE CODE.)

To

Tuft POLICE OFFICER IN CHARGE OF THE POLICE-STATION AT

WHEREAS'

has failed to appear on 2

pursuant to his recognizance, and has by such default forfeited to Government

the sum of rupees3

and whereas the said' has, on due

notice to him, failed to pay the s hid sum or show any sufficient cause why

payment should not be enforced againsc, him,

This is to authorise and require you to attach any movable property

of the said that

you ma) find within tLe district of by seizure

and detention, and, if the said amount be not paid within three days to sell

the property so attached or so much of it as may be sufficient to realise the

amount aforesaid, and to make return of what you have done under this

warrant immediately upon its execution.

Giren under my hand and the seal of the Court, this

day of

19 .

limo, description and addreEs of person. Mention the ocessiora.

a The penalty in the bond. 4 Name of the person.

222

FORM NO. (M) 87 [OLD CRIMINAL PROCESS NO. 62].

( Not to be Printed.)

Notice to Surety on Breach of a Bond.

No. XL V, Sehedule V, Act V, 1898.

(SECTION 514 oF THE CRIMINAL PROCEDURE CODE.)

To

01

WHEREAS on the day of 19

you became surety for' oft that

he should appear before this Court on the day of

,and bound yourself in default thereof

to fofeit the sum of rupees to

Government ; and whereas the saidl

has failed to appear before this Couit and by

reason of such default you have forfeited the aforesaid sum of rupees.

You are hereby required to pay the said penalty, or show cause within

days from this date, why payment of the said suns should not be enforced against you.

Given under my hand and the seal of the Court, this

day of 19

I Name. Place.

223

FORM NO. (M) 88 [OLD CRIMINAL PROCESS NO. 63].

( Not to be pliotel )

Notice to Surety of Forfeiture of Bond for Good Behaviour.

No. xi,- vi, scheda, V, Act V, 1898.

(SECTION 514 OF TILE CRIMINAL PROOEDURE CODE.)

To

WHEREAS on the

day of 19

you became surety by a bond fora

oft that he would bo of good behaviour for the

period of , and bound yourself in default thereof to

forfeit the sum of rupees to Government ; sud

whereas the saidl has been convicted

of the offence or committed since you

became such surety, whereby your security bond has become forfeited.

You are hereby required to pay the said penalty of rupees

or to show cause within days why it should not be paid.

Given under my hand and the seal of the Court, this

day of 19

I Name. 9 Place.

Mention She offence concleely,

22 t

FORM NO. (M) 89 [OLD CRIMINAL PROCESS NO. 64].

Warrant of Attachment Against:a Surety.

No. XL VII, Schertulb V, Act V, 1898.

(SlarioN 514 OF TILE CRIMINAL PEOCEDURE CODE.)

To

WurtaxAsi

has bound himself as surety for the appearance of=

and the said3 has made def cult

and thereby forfeited to Government the sum of rupees2

This is to authorise and require you to attach any movable

property of the said3 which you may

find within the district of by seizure and

detention ; and, if the said amount be not 'paid within three

days, to sell the property so attached, or so much of it as may

be sufficient to realiee the amount aforesaid, and make return of

what you have done under this warrant immeliately upon its

execution.

Given under may hand and the seal of the Court, this

day of 19

1. Name, description an address. 2. Name Of person, and mention the condition of the bond. '. Name. I. The penalty in the boud.

225

FORM NO. (M) 90 [OLD CRIMINAL PROCESS NO. 65].

( Not to be. printed. )

W rrant of Commitment of the Surety of an Accused Person admitted to Bail.

No. XLVIII, Schedule V. Act V, 1898.

(SrECTioist 514 or TUN CRiMiNAL PRo0a1)17111 °CDC)

To

Taal or Tztic Civir, JAIL A/

has bound himself as a surety for the appearance (ifti

and the said' has therein and*

de fault whereby the penalty mentioned in the said bond has been forfeiten to Government and whereas the said5

has, on due notice to him, failed to pay

the said sum or show any suificieot cause why payment should not be

enforced against him and the same cannot bo recovered by Attachment and sale of movable properly of his, and an order has been ,nade for his imprison-

ment iu the Civil Jail furs.

This is to authorise and require you the maid7

to receive the *midis into your eustody with

this warrant, and him safely to keep in the said Jail for the

saki(' and to return this war4Ant with an endorsement certifying the manner of its execution.

Given under my hand and ‘be seal of the Court, this

day of 19 .

• Superintendent or Ke ,per. ■ Name and deso rip Liu et surety. a Name of aCC,1160 p r-ou, and state the condition et the bond. • bailie of aceuseu peraea, a Nhme of surety. e specify toe 7 Superiute..cient or Keeper. a Term of iwprisimin,:A

22 H. C.-16

226

Form No. (M) 91 [OH Criminal Proeess No. 66j.

Octane to th3 Principal or 11' )rialture of a Bond to ke p the Pe.Lee.

NO. I T,IX, S h,3dule V, Act V. 1898.

(SEOTION 514 CF TILE CRIMINAL PROCEDURE Co.)DE

To t

WHEREAS on the day of

19 you erne ed into a band not to commit 3 and proof of the forfeiture of the same has been given

before me and duly recorded.

You are hereby called upon to pay the said penalty fur rupees or to show cause before

me within days why i aymeut of the same should

not be enf arced against you

Dated this day of 19

1 tame, do cription and address.

!L 1n the bond.

227

Form No. (X) 92 [Old Criminal Process No. 67].

Warrant to attach the property of the Principal on Breach at a Bond to keep the Pleas.

No. L, Schedule V, Act V, 1898.

(SECTION 514 op THE CRIMINAL PROCEDURE CODE.)

To'

AT THE POLICE STATION 07

WHEREAS 2

did on

and whereas n,.tice has been given to the sa d 4

a breach of peaces forfeiturP, of the said bind has been given befure me and teem ded;

sum of rupees , binding himself not to c otimit

the dAy of 19 , enter Into a bond for the

and proof f the

calling upon him to show caut) why the said sum should not be paid, an d he has failed to do so or to !ay the said sum.

This is to authoripe property belonging to the said ' the value of curses within tt Et district of be not paid within

attached, or so much of it as may be sufficient to make return of what you have done under upon its execution,

and require you to attach by seizure movable

which you may find , and if the said sun

, to sell the prt perty so to realise the same, and this warrant immediately

Given undor my hand and the seal of the Court, this day of 19

'Name and designation of Pollee officer. *Dime and description. ,As in the bond. 'Name .

22 H, 0.-18.

228

Form No. (M) 93 [Old Criminal Process No. 68],

Warrant of Imprisonment on Breach of a Bond to keep the peace.

No. LL Setedule V. Act V, 1898.

( SECTION 514 OF THE CRIMINAL PROCEDURE CODE. )

To

THE 1 OF THE CIVIL JAIL AT

WHEREAS proof has been given before me and duly recorded

that 2

has committed a breach of the bond, entered into by Mm to keep the peace whereby he h is forfeited to Government. the sum of rupees and whereas

has the said 3 failed to pay I ho said sum or to show cause why the said sum should not be paid although duly f al ed up n to d so ant pay merit thereof cannot he enforced by attachment of h's movable property, and an order has been made for the itoprisooment of the said 3 in I he

civil jail for the period of '

This is to a ithofise and require you, the said 5 of the said civil jail, to receive the

said 3 into your custody,

together with th s warrant, and him safely to keep in the said jail for the said period of 4 and to return this warrant

with an endorsenion:, corti'ying the manner of its execution.

Given under my hand and seal of the Court, this

day of 19 .

ra611211=•••••Mml••••=1:=1.....

1Srip Ant 'dent cr Keeper. 2Name and descriptor]. 8Name 'Tarn of imprisonment. '8uperinteudent or Keeper

229

Form No. (M) 94 [Old Criminal Process No. 69].

Warrant of Attachment and Sale on Forf ure of Bond for Good Behaviour.

No. LII, S,h dude V, Act V, 1898.

(SECTION 514 OF THE CRIMINAL PROCEDURE CODE.)

THE POLICE OFFICER IN CHARGE OF 3HE POLICE STATION AT

WHEREAS 1

To

did on the by bond in the sum of rupees behaviour of 2 given before me and duly recorded of the

19 give security for the good

and proof has been commission by the said 3

day of

of the offence of the said bond has been forfeited ; and the said 3 him to show cause why the said sum failed to do so or to pay the said

This is to authorise and require y property belonging to the said 3

to the value of rupees within the district of not paid within or so much of it as may be sufficient return of what you have done under execution.

, whereby whereas notice has been given to

calling upon should not be paid, and he has

uu to attach by seizure movable

which you may find and if the said sum be

, to sell the property so attached, to realise the same and to make this warrant immeuiately upon its

Given under my hand and the seal of the Court this day of 19 .

'Name, description nd addresses. 2Nanie, ate., of the priLcipal. 3Name.

230

Form No. (M) 95 (Old Criminal Process NO. 701.

Warrant of Imprisonment on Forfeiture of Mond for Good Behaviour.

No. LIII,Schedule V, Act V, 1898.

( SECTION 514 OF THE CRIMINAL PROCEDURE CODE.

TO

Tna 1 ON THE CIVIL JAIL AT

WHEREAS 2

did on the day of 19 give security

by bond in the sum of rupeea for the good

beh -tvicur ot 3 and proof of the breach of the said bond has been given before me and duly recorded whereby the

sail 4 has forfeited to

Governu cut the 811111 , if rupees and whereas he hag failed to pay the said sum

or to show cause why the said sum should not be paid. although duly called upon to d so. and payment thereof cannot be enforcel by attachment of his movat.le property, and an order bas been made for the imprisonment of the said 4

in the civil jail for the period of 3

This is to alit horise and require you, the said

to receive the 4 into your custody together with this; warrant, and him safely to keep in the said jail for the said peti-wt of 5 , returning this warrant with an eudarsement certifying the manner of its execution.

Given under my 1- and and the seal of the Court, this day of t9

Superintendent or Keeper. • Name, description and add reel. ▪ Name, etc., of the psi, cipal

4 Name Term of imprisonment.

▪ Superintendent or Keeper.

231.

Form No. (M) 96 [Old Criminal Processes Nos. 71 and 72],

Warrant for the Production of a prisoner in n co. Criminal Court to give evidence or to answer a charge.

(SECTIONS 35 AND 37, ACT III OF 1900.)

Court of

To TEE OFFICER IN CHARGE CF TEE1

You are hereby required to produce

now a prisoner

in , under safe and sure ccnduct before the Court of

at

on the

day of noxt by

give evidence of the elcek in the forenoon of the same day there to

answer

in a matter=

charge now pending before the said Court, and after

the said

such

has then and there given his evidenc'i before the said Court

charge has been disposed of 3 or the said

Court has dispensed with his further attendance,

cause him to be conveyed under safe and sure conduct back to

the said prison,

The day of

Magistrate

Countersigned.

District Magistrate.

1 State name of prison. and 8 Strike out the words not required.

232

Form no. (M) 97 [Old Criminal Process no. 73].

Warrant or Detention in a Ref irmatory. Order of Detention in a R formatory School.

(SEMI° S 8 AND 9 OF THE REFORMATORY SCHOOLS ACT, 18J7.)

IN THE COURT OF

AT

WHEREAS

son of , resident of village

Pargana , District has on the

clay of 19 , been convicted

by at of the offence

of and has been sentenced tot

for which

sentence he is now undergoing in the Jail at

And whereas the said

is

under the age of fifteen years and is a proper person to be an inmate of a Reformatory School.

It is therefore odrred that instead of undergoing his sentence, he be detained for a pc riod of years in the

Reformatory School at

Given under my hand the seal of the Court this the day of 19

1. Transportation/Imprisonment.

NOTE 1. —The Sessions Judge should be informed when a juvenile, whom he has deal with under ihetion 8. Act VIII of 1807, is not admitted to the Reformatory an order that he may substitute for the "order of detention" a regular warrant committting him to jail.

NOTE 2 —Fvery Judicial Officer should bef re sentencing a j nvenlile to be detained In Reformatory, ascertain whether the school can receive him.

NOTE 3.—In connection with this subject, see Government of Bengal Circular No. 48P. of 12th September 1882. a d th, rules under section 22 of Act V of 1878, published in the Calcutta Gazette of the 20th March 1878 (H C. Circular letter no 1831 of 30th September 1882) Sea also Gwernment of Bengal's Circulars nos. 17 and 16P -D. 'Jails), of 23rd July 1883, to all Sessions Judges and District Magistrates on the ERIN et of vacancies in the liazaribsgh Reformatory.

233

Form No. (M) 97 A.

Notioe to be issued in oases under section 118 of the Indian Railways Act, 1890.

In the Court of • • •.• ••• • • •.. •• • e

Magistrate.... ........ Class

District .,

• .. •Railway Complainant

To

• • • •

• • • • ........ • • 1,4 • • • • 15 • 5 •

• -• • •

Thane, ...District, .

of village, ..

WAEREAS it appears from the Railway charge sheet that on the. ....• . .. you were found ..by

a railw .y servant duly appointed for the pu pose by the rail way administration to be liable under the provisions of section 11 s of the Indian Railways Ants 1890, to pay a sum of R.

..in respe t of fare and excess cha ge of which dri,iiis ate given on the margin,

Re. an.l that, you filed or refused to pay the said Fare or Excess fare sum on &maul, you are hereby directed either Excess charge O." to remit the s..id sum of Rs

Total to this Court .....to reach the Court before the to appear before the Court On . at M, and

show muse why a warrant shou d not issue for the r,alisation of the said sum under sec pion 113 of the Indian Railways Act, 18 0.

agist rats.

Copy forwardel to .. . , „ , ..... ....for favour of service and early return.

Magistrate,

234

Form No. (M) 98 (New);

Daily Cause List

Day of 19

Before :

Jialn••••••••••

Number and class of case fixed for the day with names of

parties.

Date io which adjourned.

Number and class of the ease fixed for the day with names of

parties.

Date to which adjourned.

NOTE. —When there are more than one aconsed pe' sons in the sale, th name of the first accused to be mentioned in colLnin 1. li. column 2 the dates of adjournment are to'be noted at the otos 3 of tne day,

Form No. (M) 99.

Form of card for Pleaders' and Niukhtari' Itegist red Clerks.

Form no. (M) 21 of Volume II, Civil to bo indented for and used.

BSP (H. 0.) 22—II-1,500-23-11.1968—K. N. Pd, and otherea