GR Co Criminal Vol II
GR Co Criminal Vol II
Crimonal
Vol. - II
G. R. C. O. (Criminal) Vol. II
Volume I
(A) 1 Challan Part VIII, Rule 423
(A) 2 Payment Order ,, 430
(A) 3 Refund of Lapsed Deposits ,, 438
(A) 4 Refunds of Revenue ,, 430
II LIST OF REGISTERS
1 2 3 4
Register of -
(R) 1 ..
(1) Complains of offences
(2) Unimportant cases Courts empowered to Seven years
sent up by the police in receive complaints.
which a first information
One Year
report is not used.
(3) Miscellaneous cases
2[(R) 15B Register of defect reports Dist. Record Room One year.
(R) 16 .. Register showing un- All Magistrate em- One year.
der each head of crime, powered to take
the number of offences cognizance of of-
reported, of cases struck fences in complaint
off as false or brought and police cases.
to trial and of persons
acquitted, discharged or
convicted or released
under the Probation of
Offenders Act.
(R) 17 .. Instructions filing up the
above Register.
Courts of all One year.
(R) 18 .. Register of cases decided. Magistrates
(R) 19 .. Register of requisition All Criminal Courts Six years.
for record received.
(R) 20 ..
Register of requisitions All Criminal Courts
for records issued. Six years.
(R) 21 .. Register of Receipts and Court of Sessions Three years
issue of printed forms. Judges, Chief Judicial
M a g i s t r a t e ,
Sub divisional Judicial
M a g i s t r a t e .
Description of By what
To what Court
Form periodical return Courts to be
to be
No. prepared and
or statements submitted
submitted
1 2 3 4
(S) 3-B .. Statem ent showing the Chief J u d i c i a l Sessions Judge
Judicial and other work M a g i s t r a t e .
done by the Chief Judicial Sessions Judge
Magistrate High Court
(S) 3-C .. Statement showing the case Additional Sessions Sessions Judge
of which proceedings have Judge, Assistant
been stayed. Sessions Judge, Chief
Judicial Magistrate,
Sessions Judge
(S) 3-D .. 1 [* * *]
(S) 3-E .. Quarterly Balance Sheet S u b d i v i s i o n a l High Court
of Fines Judicial Magistrate Chief Judicial
and Judicial Magistrate.
Magistrate in Sessions Judge
outlying Stations. High Court
Chief Judicial Chief Judicial
Magistrate, Magistrate.
Sessions Judge
(S) 3-F .. Statement of cases of Judicial Magistrate Chief Judicial
embezzlement of Chief Judicial Magistrate
Government money. M a g i s t r a t e Sessions Judge
Sessions Judge High Court
Judicial Magistrate.
Annual Statements
Annual Table
(S) 11 Statement showing the Judicial Magistrate, C.J.M.
detention of witness, Executive Magis- Dist. Magistrate
the number of witnesses trate
discharged without C.J.M.
examination and the Sessions Judges Sessions Judge ..
amount paid as ex- Dist. Magistrate
High Court
penses.
1 2 3 4 5 6
G. R. C. O. (Criminal) Vol. II
1 2 3 4 5 6
Date .............................
Examined and found correct
Signature af Chief Ministerial Officer Signature o] Presiding Officer
PART II - to be filled in by the Court or under its orders
Serial Date of Court's Challan date of Court's Date of Actual Name, father's Details of
No. payment challan the original number of original amount in name and repayment
order number deposit from original deposit” deposit address of the if any out
G. R. C. O. (Criminal) Vol. II
Payee’s Signature
Treasury No.
G. R. C. O. (Criminal) Vol. II
To
THE ACCOUNTANT-GENERAL, ORISSA
Sir,
1. ACCOUNT FORMS
The following refunds, Lapsed Deposits, Aggregating Rs. (in words ) have
been claimed by ............... of ............. whose identity and title to the money I have satisfied myself. I request
you sanction to be refund : -
Class of Particulars of Original Balance credited to Date of Amount Remarks
deposit Deposit Government lapsed claimed
statement
Year No.
G. R. C. O. (Criminal) Vol. II
Sanctioned
Note 2 - No useful check can be exercised over refunds of revenue in the Account Office,
exception in cases where full details of the collections of such revenue are received in that office,
other than the Treasury accounts or other documents, e.g., Fine Statements. It is therefore essential
that every refund should be noted against the original credit in the court's account where all sums
3 entered in detail. This voucher for refunds provides for a certificate of such note having been made
The officer who received the amount should fill in columns 1 to 5 of the form and sign the
certificate in column 10, while the Treasury Officer or the Sub - Treasury Officer should verify the
credit by means of the particulars in columns 4 and 5 and after his signature in columns 6 in token
of his having done so. The sanction necessary for refunds of revenues is regulated by the order of
the State Government. This sanction may either be given on the voucher itself or quoted in it a
certified copy being attached when such orders are not separately communicated to the Audit Office .
G. R. C. O. (Criminal) Vol. II
FORM No.(A) 5
ADVICE LIST TO TREASURY FOR CHEQUES ISSUED
ABOVE RUPEES 100 IN AMOUNT
To
The Officer in-charge of the Treasury...................................
At ...................... Dated ................ the ........................ 20 ...................
Sir,
I am to advise having to-day issued upon you the under noted
cheques for sums exceeding Rs. 100, amounting in the aggregate
to Rupees.*
*Amount to be entered in words.
Yours faithfully,
Judge-in-charge / Magistrare-in-charge
payment Officer
order checking
issue
1 2 3 4 5 6 7 8 9
Rs. P. Rs. P.
Criminal Court
deposits
Total Reports
Repayment of cri-
minl Court deposit
Refund
Refund of unclai-
med property
Miscellaneous
refund
1 2 3 4 5 6 7 8 9 10 11 12 13 14
G. R. C. O. (Criminal) Vol. II
Total receipts Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Grand Total
1. ACCOUNT FORMS
Class of witnesses Single or return From To Rate No. Of fares Total Remarks
journey charges
1 2 3 4 5 6 7 8
G. R. C. O. (Criminal) Vol. II
FORM No. (A) 8-B CHEQUE BOOK FOR DIET AND TRAVELLING
A.G.No.222 EXPENSES OF COMPLAINANTS AND WITNESSES
Magistrate
Magistrate
G. R. C. O. (Criminal) Vol. II
1. ACCOUNT FORMS
Amount of A deposits
repaid during the month Received during 20 - 20
Received during 20 -20
Total
Total
Balance of deposits outstanding -
CERTIFICATE
CERTIFIED that on a comparison of Treasury Advices with postings
therefrom in the *guard fife of chalans and in the Registers of Payment Order of
Deposits.
Receipts and of Repayments, the amount entered above as received and paid are
correct.
[u dge-in-ch arge
The 20 Magist r a tc-in-cluirge
NOTE - The repayment of B deposits received in the year of account
and in the year next proceeding should be shown separately.
For use in Civil Courts only.
No ............................
Book No. .................................. Of 20..............
Amount
Rs. P.
In cash ..........................................
In stamps ......................................
Total. ........................................
..................................................
Rupees .............................only
Receiving Officer
Receiving Officer
Dated......................................... 20 .....................
column.
THE HIGH COURT OF ORISSA
I. Serial number
2. Name of applicant
3. Nature, number and year of the case
4. Name of the Court
5. Date of application
6. Date of sending to the Accountant for
Sheristadar and the Accountant.
audit
7. Date of return by the Accountant
Schedule XLIII - High Court (A) 9 - A
Acctt.- General
16. Date when payment order passed or in
case of refund orders the date when
be required only to fill up columns 1 to 4 .and 9 and 10 and the Accountant Columns 1 to 4, 6, 7 and 13 to 16.
sent to the Treasury for encasement
17. Remarks
3. Applications for payment orders filed by the Nazir should be entered in the Register maintained both the
Note 1 - This Register will be kept by every Sheristadar, Accountant and Record-keeper. The Record-keeper will
1. ACCOUNT FORMS
G. R. C. O. (Criminal) Vol. II
G. R. C. O. (Criminal) Vol. II
1. ACCOUNT FORMS
Schedule XLIII -. High Court (A) 10
FORM No. (A) 10
TREASURY PASS BOOK
Remittance from the Court of the Sessions Judge/Chief Judicial
Magistrate/District Magistrate to the Treasury
Date of Court's Court's Head of Am- Signature
remittance serial particulars account aunt of
to the number of receipt under ini tials
Treasury of chalan which to of
be Treasury
sche Officers
duled
at Treasury
1 2 3 4 5 6
Rs. P.
Details of repayment
G. R. C. O. (Criminal) Vol. II
Total repayment
Initials of Judge-in-
charge /Magistrate-in-charge
to Government
Balance credited to
Clearance Register.
Initials of Judge-in-charge /
Magistrate-in-charge
Date
Initials of Judge-in-charge/
Magistrate-in-charge
Date
of each deposit
No. of calan and date
From whom received
Nature of deposit with
name of payee
Initials of judge-in-
charge /Magistrate-in-charge
Monthly total
Date
Magistrate-in-charge
Date
Initials of Judge-in-charge/
Date of receipt
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
2l.
22.
23.
Note - A separate Register in is form will be maintained for each of the two classes of deposits A and B. Each entry in
this Register should be initialled by the Judge-in-charge/Magistrate-in-charge after comparison with the corresponding entries
in the Chalans and Register of Payment Orders. This form should be used for two years only., after which the unpaid balance
should be transferred to the Clearance Register as required by Rule 450, Part VIII, Page 145, Vol. 1.
FORM Nos. (A) 12 (i) AND (A) 12 (ii)
Schedule XLIII - High Court (A) 12 (i) and (A) 12 (ii).
DEPOSITS REPAID AT THE TREASURY OF OR REPAID AT THE COURT
AND ADVISED TO THE TREASURY DURING THE MONTH OF
[To be maintained by the Judge-in-charge of Accounts and to be preserved for 12 years]
Dates as to Present Received during Initials
Details of deposits Repayments current year of
Date Number Account Date of Date of Number To Whether Received Rec- Previous Current Accou- Judge
as per or cashing granting of repa- whom paid in in all eived month month ntan in-
Register balance payment payment yment paid cash or iprevious last char
Remarks
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Rs. P. Rs. P. Rs. P. Rs. P.
G. R. C. O. (Criminal) Vol. II
Orders.
THE HIGH COURT OF ORISSA
1. Date
2. Number of each deposit
3. Name, Father’s name and
caste and address oi the
person from whom received.
4. Name, father’ name, caste
and address of the payee.
Schedule XLIII - High Court No. (A) 13
10. July
14. Novembeer
CLEARANCE REGISTER OF “A” DEPOSITS RECEIVED AT ................................
15. December
16. January
20. May
21. June
(In the Accountant-General’s Office)
22. July
23. August
24. September
25. October
26. November
27. December
In the Third year after Receipt
28. January
STILL OUTSTANDING ON 1ST APRIL 20
29. February
30. March
Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
31. Total repayments on
each deposit
Rs. P.
32. Balance of each deposit
lapsed and credited to
Rs. P.
Government.
1. ACCOUNT FORMS
G. R. C. O. (Criminal) Vol. II
FORM No. (A) 14
Schedule XLIII - High Court (A) 14
REGISTER OF MISCELLANEOUS RECEIPTS IN THE COURT OF THE DURING THE MONTH OF
Consecutive Number Date of From Nature of receipt i.e., - Amount Total Remarks
Date of
number in of remittance whom (1) Sale or credit of
realisation
the Register challan to the receive unclaimed property
1. ACCOUNT FORMS
Treasury credited to
Government
(2) Forfeitures
(3) Sale-proceeds of old
furnitures and store,
etc.
(4) Other Miscellaneous
receipts.
1 2 3 4 5 6 7 8 9
G. R. C. O. (Criminal) Vol. II
Rs. P. Rs. P.
Amount received
Challan From whom On what Number To whom Amount
number received account of paid paid
Petty Other payme
1. ACCOUNT FORMS
1 2 3 4 5 6 7 8
G. R. C. O. (Criminal) Vol. II
In default fine
Impriso-
of payment
16. Signature of Clerk-in-charge of the fine
FORM No. (A) 17
Register
17. Amount remitted, written off or lapsed
18. Signature of Bench Clerk of Court
to which the entry relates
19. Signature of Magistrate imposing fine
For The Month Of
of payment
16. Signature of the Treasury Muharrir
17. Date on which notice of realisation of
fine is sent to other district.
18. Date on which acknowledgment of receipt
of notice is received.
19. Signature of the Clerk-in-charge of the
fine Register.
20. Signature of the Clerk-in-charge/
Magistrate-in-charge of fine
REGISTER OF CRIMINAL FINES OF OTHER DISTRICTS FOR THE MONTH OF 20
2I. Remarks
1. ACCOUNT FORMS
G. R. C. O. (Criminal) Vol. II
Schedule XLIII - High Court (A) 17-8 FORM No. (A) 17-B
ACCOUNTS OF SALEABLE FORMS
(with sample entries)
Date Application Application Price Number and Initials of the Remarks
for copy for date of chalan Judge-in-
imformation by which paid charge
into treasury
1 2 3 4 5 6 7 8 9
Note - The balance should be struck at the close of the month. Cashier
FORM No. (A) 17-C
Fine Realisation Statement
1. Serial No. 7. Date of commitment to Jail to serve.
2. Name of the Court out the substantive imprisonment
and / or imprisonment in default
3. Name and address of the convict of payment of fine.
4. No. and year of the Case nature of 8. Date of termination of the Sentence
offence· 9. Date of realisation of fine amount Magistrate
10. Whether fine realised in full or part
5. Date of conviction 11. Remarks
G. R. C. O. (Criminal) Vol. II
1 2 3 4 5 6 7 8 9 10 11
G. R. C. O. (Criminal) Vol. II
and deduction in
Contract bill
charges
furniture
up-to-da te
present bill
Officer’s
1. Date
2. To whom paid
3. Description of charge
4. Number of Sub-voucher
5. Number given to each
6. Hot and clod weather
7. Tour charges
8. Country stationery
9. Repair to tents
10. Purchase and repaid of
11. Office expenses
12. Miscellaneous
13. Service postage stamps
14. Service Telegram
15.
16.
17.
18.
19.
20.
21.
22. Total of present
23. Total of all bills drawn
24. Allotment in 1st April
25. Add
26. Deduct
27. Net allotment at time of
28. Other uses
29. Transfer to
30. Controlling
31. Other uses
G. R. C. O. (Criminal) Vol. II
1. ACCOUNT FORMS
FORM No. (A) 20
REGISTER OF CONTINGENT CHARGES
(N.B. - A.G. B. & O. Form No. 241 of Schedule XXV is to be intended for and used.)
FORM No. (A) 21
Schedule XLIII - High Court No. (A) 21
Subordinaie Court's Daily Advice List of slims received and paid un der the
Order of the Court of ......... on the ........ day of ..........20, being the
date of actual receipt of act u at disbursement at the Court of at the Treasury.
N.B. - [This statement is to be complied from registers Nos. (A), 11 (A),
12, (A), 14]
Receipts Rs. P. Payment Rs. P.
repayment Balance
CURRENT YEAR Total B
as advised Amount
Previous Current repaid Previous Current
Initial of
Total amount
received
Repaid on account
of all previous years
Repaid on account
of past year
Amount received
1 2 3 4 5 6 7 8 9 10 11 12
Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
G. R. C. O. (Criminal) Vol. II
repayment
officer
deposit
travelling allowance
travelling allowance
Remarks
mation manti persons/ of law nary
or insti- applicant opposite
tution party
against
whom the
nformation
1 2 3 4 5 6 7 8
Note 1 - Separate volumes should be kept for Register of (1) Complaints
of offences, (2) Unimportant cases sent up by the Police in which a First
information report is not used, (3) Miscellaneous cases.
2. The register of complaint of offences should be divided as follows-
(i) 1 C.C. Register - Register of complaints filed by private individuals.
(ii) 2 C.C. Register - Register of complaints on written report filed
by Government officials.
(iii) 3 C.C. Register - Register of complaints filed by local bodies
or authorities.
2. C.C. Register should be Sub-divided into three parts namely 2 (a)
C.C. Register of complaints filed by Excise Department, 2 (b) C.C. Register
of cases filed by Forest Department and 2 (c) C.C. Register of cases filed
by all other Government Officials. Similarly, 3 C.C. Register should be Sub-
divided into three parts, namely, 3 (a) C.C. Register of cases filed by the
Municipality, 3 (b) C.C. Register of cases filed by Grama Panchayats and 3
(c) C.C. Register of cases filed by local bodies except Municipality and
Grama Panchayats. Separate serial numbers should be assigned in each
volume to different types of cases from number one and the case number
noted against the same.
Serial l[police- Date of information Date of Name of Return of police Order passed
No. for station and and crime as receipt Parties investigation i.e. with date
the police case receipt by the (1) Nature and date of Preli- Final
year. number] reported to the by the Magis- offence minary
Police with Section trate Crime established
Remarks
1 2 3 4 5 6 7 8 9
(2) The dates of adjournment of each case should also be entered in remarks column.
Result of appeal or
ranee of case informant
the
the last section
Case number
accused of the
Penal
Remarks
revision
Code
or other
year
act
1 2 3 4 5 6 7 8 9 10
Note 1 - Each Court will have a serial number of its own.
2. The dates of adjournment of each case should be noted in the Remarks column.
3. Case number of different register should be distinguished by the letters C
for "Complaint Register" case G. for "General Register" case U for "Unimportant
Register" case M for "Miscellaneous Register" case.
4. This Register shall be maintained by all Magistrates who try original cases.
5. Receipt of the case upon remand shall be noted in red ink in column 1.
6. A case in which the proceeding is stopped under Section 258 Cr.P.C. and
subsequently revived after appearance fo the accused should be restored to its
original number but where accused is apprehended and brought to trial after
destruction of the trial register, a new case should be registered in the
register which is in use then.
7. Serial number of the pending cases at the end of the year should be noted
Cases under Sections 113 and 114 Indian Railways Act should be entered
in the Register only when they become contested.
9. In all instances where the accused is in custody, the letter 'C' in capital shall
be written within bracket in red ink in column 6 immediately after the name of the
accused concerned and it should be scored through as soon as he is enlarged
on bail wh the date of release noted under a line below the bracket. The entry
shall be made each time and when the accused is subsequently taken to custody
in the case date of such remand to custody noted below the entry.
10. Magistrates holding Mobile Courts should carry the registers with them
and enter all cases taken cognizance of by them during Mobile duty. After
return to the Court the Bench Clerk will fill up the column 2 of this register.
These cases may be indicated by the letter 'M' below the serial number of
cases of column 1 for the purpose of distinguishing them from regular cases.
11. Cases instituted under the Criminal Law Amendment Act should be entered
in this Register, separate register in respect of such cases should be opened
for each district.
Sl. No.
2
8
FORM No. (R) 3-A
9
(R) 1 and (R) 3
Date of disposal of the split up records
10
and date of consignment of the same to
record room
Date of transfer of the split up records
11
to dormant file if any
Remarks]
12
II. REGISTERS
G. R. C. O. (Criminal) Vol. II
FROM No .. (R) 4
REGISTER OF APPEALS/REVISION CASES
Serial Date of Number and Number and Order or sentence By whom the Final order Remarks
number filing name of names of order or passed with
for the appellants or respondents appealed against
or of which sentence was
applicants date
II. REGISTERS
1 2 3 4 5 6 7 8
G. R. C. O. (Criminal) Vol. II
case
with date.
sentenced
Convict on bail.]
imprisonment would
ordinarily terminate
warrant is received by
the Court after execution.
of detention of cinvict]
the jail.
warrant after termination
of imprisonment.
5. Date of commitment to
7. Date (s) of release of the
6. 2[Date (s) of bail order
8. No. and year of the case
4. Term of imprisonment
9. No. of appeal or revision
office once a week, for his verification. (8) Cases in which sentence is imposed for the first time by the appellate Court, i.e. in case of appeal
passed by or
the Trial revisional revisional Court/ convict
Court] Court is Court Revisional to jail
received Court.]
1 2 3 4 5 6 7 8 9 10
G. R. C. O. (Criminal) Vol. II
[The Form No. (R) 9 of the G.R. & C.O. (Civil) Volume - II
be used]
2[ * * * ]
Note - (1) For instruction see Rule 85 Part I, General Rules and Cicular Orders, Volume I.
Note - (2) Columns 1 to 4 should be filled in daily for every witness reported to be in attendance for the first time, and columns
5 to 9, as may be necessary, on account of the subsequent appearance of the same witness. If a witness has to re-appear after
having been six times in attendance, a new series of entries in red ink must be made in columns 4 to 9 immediately under the
previous entries. Columns 10 to 16 should be filed up after the witnesses' final discharge according to the entries made in columns 4 to
9 and the initials of the Presiding Officer are required in column 17 to vouch for the correctness of the entries in the Register.
Note - (3) Witnesses who, after having been discharged are resummoned for cross-examination under the provisions of
Sections 243 and 247 Criminal Procedure Code, should be regarded as witnesses who have reappeared and should in accordance
G. R. C. O. (Criminal) Vol. II
the appearance of such witnesses before the transferer Court to transfer of the case.
THE HIGH COURT OF ORISSA
2.
1.
5.
unit
systems
1[Place
Beyond 8
by village
kilometres
6.
unit
system
and distance
Within 8
of village
kilometres
7. Number of duplicate
FORM No. (R) 9
Inserted by C.S.No. 10, XLlXD-11/82 Dt. 9.6.1982 and Columns 6 to 14 renumbered as Columns 7 to 15.
12 . Date of return to Nazir
13. Date of return of process/
postal A.D. or the postal cover
to the Court
14. 2[Signature of the clerk of
the Court with date]
Note - Processes received from other districts should be entered in red ink and steps should be taken for prompt
15. Remarks
II. REGISTERS
G. R. C. O. (Criminal) Vol. II
FORM No. (R) 9-A
REGISTER OF PROCESSES MADE SERVICE OVER TO THE NAZIR
Serial Number and Name of Nature Date Date Receiver's Date of Remarks
No. year of the person of of when initials with return
case to the processes issue returnable dates
which the to whom
process issued
relates
1 2 3 4 5 6 7 8 9
G. R. C. O. (Criminal) Vol. II
1 2 3 4 5 6 7 8
as witnesses .
insufficient
Serial No.
Remarks
witness
Case
1 2 3 4 5 6 7 8 9 10 11
Sl. Serial Name Number Name Name Final Result Class of Date Number Date of
of and of order each file when of shelf destructio
No. number of of kiisposed and rack of files
of case in Magis- year of ompl- passed (A) &
accu- appeal of and in the and
the with (B) of
II. REGISTERSS
Sl. No. Names Date of order Date when No. of Date when Date when Remarks
No year of of of the placing the received in shelf and requisition record is
the case parties. record on the the Record rack in for record sent to the
dormant file Room the is received Trial Court
Record from the
Room Trial Court
1 2 3 4 5 6 7 8 9
G. R. C. O. (Criminal) Vol. II
Register
Nature of the case with the
section of the Penal Code or
other Act application.
Name of parties
Date of decision
File A or B
Date when disposed of and
shelved in the Record room.
Number of shelf and rack in
the Record room.
Date of destruction of files
and initials of officers
Remarks
superintending destruction.
Serial Number
1 2 3 4 5 6 7 8 9 10
G. R. C. O. (Criminal) Vol. II
Record-keeper's
number and date (on
the requisition) or
Designation of the
Date of return
date of receipt of
Court or office to
record from Court.
Date of restoration
of record to its proper
despatch list.
which the record is
sent or by which the
Court’s date and
relates.
record (with initials
the clerk who of
removes it (a).
place with initials of
Remarks
1 2 3 4 5 6 7 8 9 10
(a) This column need not be filed up when the record has been kept back by a despatching Court.
(b) This column need not be filled up when record is removed from Record room on requisition.
Note 1 - When a portion only of the record is removed particulars of the papers should be entered in column 5.
G. R. C. O. (Criminal) Vol. II
Note 2 - The number and date of each reminder issued should be entered in column 10.
1. Inserted by C.S.No. 21
[FORM No. (R) 15 - B
Register of Defect Reports
Sl. No. No. No. Nature No. and No. of Date of Date of Date of
date of sending receipt of restoration
II. REGISTERS
used.
5
Previous year 20
in
Current year 20
7
reported
Offences
be true
Current year 20
11
reported
offences
found of
[FORM No. (R) 15 - B
Register of Defect Reports
12
the year
Cases brought to trial during
13
the current year
14
Acquitted or discharged
Convicted
OR CONVICTED, IN THE COURT NUMBER OF HEAD OF CRIME .....IN 20 .............
15 16
Died, escaped or transferred
Number of persons
Remaining under trial at the
17
end of the year REGISTER SHOWING UNDER EACH HEAD OF CRIME THE NUMBER OF OFFENCES REPORTED, OR
CASES STRUCK OFF AS FALSE OR BROUGHT TO TRIAL’ AND PERSONS ACQUITTED’ DISCHARGED,
18
Remarks
II. REGISTERS
G. R. C. O. (Criminal) Vol. II
G. R. C. O. (Criminal) Vol. II
II. REGISTERS
II. REGISTERS
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. Column 13 to 17 - No person who has not appeared personally
or by agent in Court is to be included in Annual Statement - (2), but all
persons who have appeared, who is obedience to summons, warrant, or
other process or voluntarily, to answer a criminal charge should be shown
as under trial. So also 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 persons 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. Columns 14 and 15 - These columns are intended to show the
result of trials in Magistarte’s Court as regards persons whose case were
disposed of by Magistrates and in Court of Sessions as regards persons
whose cases were disposed of by those Courts. In cases referred to by
subordinate Magistrates under Section 323 and 325, and by Courts of
Session under Section 366 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 in 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 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 346 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 up of columns
14 and 15, and undecided at the close of the year should be entered in
this column.
20. 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
columns 16 were transferred. If the acquittal or discharge of the person
shown in column 14 was due to the case having been compounded,
withdrawn or dismissed for default of appearance under Sections 256,
257,249,320 of the Criminal Procedure Code, the fact should be noted
in this (column 18) in order to facilitate the compilation of the figures
which are required to be noted in Annual Statement 2 (vide “Instruction”
and “Note” to Annual Statement 2)
NOTE - This Register should not be kept in the form of a bound book, but
the pages of the different heads of crime should be filled together and additions
and insertions made as required.
case lasted
Brought to trial during
12. On summons
13. Voluntarily
the Probation
of Offender’s
VIII of 1897
Section 31, Act,
dealt with under
Released under Youthful offenders Released under Youthful offenders
29. Delivered to parent or guardian
II. REGISTERS
G. R. C. O. (Criminal) Vol. II
REGISTER OF CASES DECIDED - CONTD.
Number of Persons sentenced to Detail of punishment
cases Imprisonment
Disposed Imprisonment fine fine
of during 15 day 6 months 2 years 7 years
II. REGISTERS
year
examined
compensation
were commuted to detention in
reformatory school
G. R. C. O. (Criminal) Vol. II
Instructions - A separate Register must be kept for each Court and the designation of the Presiding
ficer and the powers exercised must be stated in the title with a view to the entry of the figures against the
rper Sub-heads in Column 1 of Annual Statement 4. Only cases of the kinds provided for in the schedule
ached to Annual Statement 2 should be included in this Register. The entries are to be made in it at once
the conclusion of each trial and the persons entered will either then or afterwards, as found convenient, be
ted up in Statistical Register under each head of crime. The headings of the Register it will be observed,
nost exactly correspond with the headinds of Annual Statements 4 and 5.
This Register and the Preceding Statistical Register are to be kept up for the purpose of the
com-pilation of Annual Statement.
In Column 32, 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 32 and the number of witnesses examined in column
35 to complete the figures for the Annual Statement.
A separate note should be made in column 59 of this Register to show how many of the persons
entered in column 10 were brought to trial under arrest by the police and how many under arrest by
other agency e.g. Forest or Excise officers, private presons, etc.
Column 48 - A separate page or separate pages of the Regisrer of a current year should be
re-served and utilized for fines imposed during previous years, but realized 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 Criminal Procedure Code, the fact should be
G. R. C. O. (Criminal) Vol. II
noted in the remarks Column. Cases dealt with under Section 258 Cr.P.C. may be shown in Column 17.
1[In Column 6, the date on which copies of Police Papers have been supplied to the accused in
Police Cases and the date on which all the accused appear in complaint cases should be noted.”]
II. REGISTERS
FORM No.(R) 20
REGISTER OF REQUISITION FOR RECORDS ISSUED
(Form No.(R) 19-8 (Civil) is to indented for and used]
FORM No.(R) 21
REGISTER OF RECEIPTS AND ISSUES OF PRINTED FORM
(Form No. 114 of Schedule LIIl to be indented for and used]
Serial No.
Name of the committing
Magistrate and the number
Name, age or supposed age
and discription of each
Offences-nature of
Whether the accused is In
Date of apprehension
Date of commitment
Date of receipt of commitment
1.
2.
3.
4.
5.
6.
7.
8.
9.
10. Final order with date
11. Results of appeal or reference,
12. Remarks
G. R. C. O. (Criminal) Vol. II
1. Name of accused
No.6.
9. Term of modified
sentence
10. Date of receipt of the
order of recommitment
11. Date of commitment or
recommitment as the
case may be.
12. Remarks
NOTE - Both the dates of bail order by the trial Court under Section 389 (3) Cr.P.C. And by the appellate Court
under Section 389 (1) Cr.P.C. should be shown in Column 5 and the date of release on bail by the trial Court in Column
II. REGISTERS
G. R. C. O. (Criminal) Vol. II
G. R. C. O. (Criminal) Vol. II
II. REGISTERS
FORM No.(R) 25
REGISTER OF MISCELLANEOUS CRIMINAL CASES
1 2 3 4 5 6
NOTE - 1. Cases under Section 123 (1) and (2) Criminal Procedure
Code dealt with by the Chief Judicial Magistrate may be entered in this register.
2. Petitions under Section 116 (7). 123 (2), 167 (6), 408, 439 (2), 440
'[* * *] Criminal Procedure Code, shall be registered as Miscellaneous
cases.
2[3. Petitions for bail filed under the second proviso to Section 81 of the
Criminal Procedure Code, 1973 dealt with by the Chief Judicial Magistrate
shall be entered in this register].
FORM No.(R) 26
DORMANT FILE REGISTER
Date when consigned to record
Reason for keeping the case on
doormat file.
doormat file.
Serial No.
Remarks
room.
file.
5.
6.
7.
8.
9.
1.
2.
3.
4.
5.
L. 1[Serial No.
2. Number of Sessions or Criminal cases
3. No. & Year of the case of the
Magistrate /Police-station.
4. 2[Date and signature of the Malkhana
clerk in token of receipt of the property.]
5. 3[Description of the properties with
particulars including exhibits Marks,
if any (Weights in cases of valuables)
and the name and address of the person
from whom the properties have been
seized.
6. Initials of the Judge or the Magistrate
Inserted by C.S.No. 33, IX-S/88 Dt. 5.5.1989.
check the valuables and record the results of his inspection on the column for "Remarks".
original case / appeal/revision.
REGISTER OF PROPERTY
NOTE - 1. This register shall be inspected at least once in three months by the presiding judge or the Magistrate who will
if any
2. Along with quarterly return, each Criminal court shall send a certificate of having checked the valuables with the Register.
II. REGISTERS
G. R. C. O. (Criminal) Vol. II
THE HIGH COURT OF ORISSA
I. Serial Number
2. Name of applicant
3. Date of application
4. Nature of document of which copy
is applied for and number of year and
case in which filed
5. Date of notifying requisite number
of folios and stamps
6. pate of putting in requisite folios and
stamps or deficit in respect thereof.
7. Date on which document to be copied
was received in Copying Department.
8. Number of folios and amount of court
fees filed.
9. Number of folios and the amount of
Court fees used.
[FORM No. (R) 28
Sl. Date of Name of Description Date Name of Sign- Date when Date when
II. REGISTERS
No requisition the of document when typist or ature of the copy is copy is made
or applicant or paper of made copyist typist copy is made over or
application, which copy over to made over despatched
Remarks
or
if any is required the typist copyist to the to the
or Sheristadar concerned
copyist to the Head public officer
Clerk
1 2 3 4 5 6 7 8 9 10
G. R. C. O. (Criminal) Vol. II
Sl.No .
3
Re-numbered ibid.
7
[FORM No. (R) 30
receiving clerk
Date of return of document with initial
8
of the clerk receiving back the document
Date of restoration of the document to its
9
REGISTER OF REQUISITIONS FROM THE COPYING DEPARTMENT
place
Remarks
10]
Note - If the application is rejected otherwise disposed of, a note to that effect shall be entered in the remarks colurnn
II. REGISTERS
G. R. C. O. (Criminal) Vol. II
FORM No. (R) 31
REGISTER OF UNCLAIMED PROPERTY
Report of Intestate Movable Property from Station District
Dated ............................................................................
II. REGISTERS
Annual Date and place Name and Names of Particulars of List of Remarks
Number of death residence of claimant or each claim property
deceased, if known claimants
1 2 3 4 5 6 7
days of the date given in Column 1. Their applications will be struck off.
Note - The Judge-in-charge shall put his signature below the last entry for each day.
THE HIGH COURT OF ORISSA
1
1
Date Date
Name of comparer for Name of the copyist
2
application made
S1. No. and date of over.
3
application
Serial number and
3
date of application.
Details of documents,
4. Details of
4
folios, stamps,
forms etc. made
over.
5 Signature of the receiving
comparer Signature of the
5
r e c e i v i n g
Date and time by which copyist/ typist.
6
documents to be returned
after comparing Date and time by
6
which copy to be
FORM No. (R) 33
made ready
Date and time by which.
7
Date and time by
Returned
7
which copy is
made ready.
Details of documents,
Details of
8
folios, stamps, and forms 8 documents, folios,
returned
stamps, forms,
etc. Returned.
Initial of the Head
9
9
Comparer-in-charge with Comparing Clerk
REGISTER OF DISTRIBUTION OF COMPLETED APPLICATION FOR COPYING
10
10
II. REGISTERS
G. R. C. O. (Criminal) Vol. II
G. R. C. O. (Criminal) Vol. II
II. REGISTERS
FORM No. (R) 35
REGISTER OF COPIES AND INFORMATION READY FOR
DELIVERY
(To be laid at some conspicuous place for inspection of the party)
Date of Name of the applicant Number of Remarks
entry in the the
Register application
1 2 3 4
1 2 3 4 5 6
No. of maps, Total Initials of Initials of Signature of
plans etc., outturn in typists and the Head Judge-in-
Remarks
6 7 8 9 10
Remarks
in the Register of warrants of Imprisonment (R) 5. [1. Inserted by C.S.No. 15 XLlX-D 19/83 Dt. 16.5.1983.]
FORM No. (R) 41
REGISTER OF CASES IN WHICH THE PROCEEDINGS HAVE BEEN STAYED
Serial N umber and year of Name of the Description of the Date of stay Remarks
No. the case of which the Court staying proceedings in which order
II. REGISTERS
1 2 3 4 5 6
FORM No. (R) 42
REGISTER FO ENQUIRY INTO CASES TRIABLE BY THE COURTS OF SESSION
number for Case Date of receipt Name Nature of Date of 1[Date of Date on which
Serial number of the case and of the case with co mm- notification to the the record and
the year the date of accused Section of itment Public Prosecutor articles were
G. R. C. O. (Criminal) Vol. II
Serial No. & Name of Date of Date and hour of Name of the Signature of Remarks
II. REGISTERS
number year of the convict conviction delivery of Police Officer the Police
the case warrant to the receiving the Officer
convict of the warrant and the receiving the
Police Officer
convict warrant and
convict
1 2 3 4 5 6 7 8
G. R. C. O. (Criminal) Vol. II
Serial No.
1
Case No.
2
7
conducted.
REGISTER OF TEST IDENTIFICATION PARADE
8
holding the parade.
9
Remarks
II. REGISTERS
G. R. C. O. (Criminal) Vol. II
G. R. C. O. (Criminal) Vol. II
II. REGISTERS
FORM No.(R) 45
REGISTER OF PARTICULARS OF THE UNDER TRIAL
PRISONERS IN THE COURT OF
Name and No. of the Date of Date of Remarks
address of case & admission release, either
the Under Section (s) of into the from the
Trial law in which jail Court or
Prisoners the prisoner from Jail
is facing trial
1 2 3 4 5
Casual Leave
Other Purpose
Mobile Court
Brought to trial
Pending over one year from
the date of instructions
Pending
HRC
Uncontested
Uncontested
Administrative work
Contested
Contested
Criminal
Civil
Clearance day
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Judicial Magistrate
FORM No. (S) 1 A
STATEMENT SHOWING MONTHLY PROGRESS ON THE DISPOSAL OF YEAR-OLD CASES
FOR THE MONTH OF ........................................... IN THE DISTRICT OF ........................................
month
1 2 3 4 5 6 7 8 9 10
G. R. C. O. (Criminal) Vol. II
III. PERIODICAL RETURNS AND STATEMENTS
Date of commitment
Each date of adjournment of
the case
Sl. No.
G. R. Case
Text date fixed
7.
6.
3.
5.
1.
2.
8.
10. Remarks
G. R. C. O. (Criminal) Vol. II
quarter
during the
Disposed of
8. Uncontested
9. Pending for more than six months
10. Pending for more than one year
11. Reasons for delay, if any
THE......................... QUARTER OF THE YEAR.......................... IN THE DISTRICT OF..........................
12. Remarks
STATEMENT SHOWING THE NUMBER OF CASES UNDER DIFFERENT SPECIAL ACTS DURING
III. PERIODICAL RETURNS AND STATEMENTS
G. R. C. O. (Criminal) Vol. II
G. R. C. O. (Criminal) Vol. II
III. PERIODICAL RETURNS AND STATEMENTS
l[FORM No. (S) 2-B
STATEMENT SHOWING THE INFORMATIONS TO BE
ENTERED IN THE DORMANT FILE REGISTER (R) 26
S1. No. Names Date of Reasons Date when Remarks
No. & of the order for sent to record
year parties keeping keeping room for
of the the case records being placed
Case on in the on the
dormant dormant dormant file
file file
1 2 3 4 5 6 7
of Magistrates
1. Designation and powers
2. Pending at the close of
3.
4. Total for disposal
5.
6.
7. Pending at the close of
8. Pending over one year
9.
10. Civil
11. Administrative wrok
12. Clearance day
13. H.R.C.
14. Mobile Court
15. Casual leave
16. Other purposes
17. Number of witness
18. Remarks
1. Inserted by C.S.No. 7
PART - II
STATEMENT OF CASES UNDER THE MISCELLANEOUS PROVISIONS OF THE CRIMINAL
PROCEDURE CODE DURING THE QUARTER OF 20
(To be submitted by the Subordinate Judicial/Executive Magistrates to the Chief Judicial Magistrate/District
Magistrate. The District Magistrate would submit the Statement to the High Court. The Chief Judicial
Magistrate would submit to the Sessions Judge and Sessions Judge to the High Court.)
.Number of Pending at Brought Total for Disposed Pending Pending over Remarks
cases and the close of to trial disposal of three months
power of the
Magistrate preceding’
quarter
1 2 3 4 5 6 7 8
G. R. C. O. (Criminal) Vol. II
1 2 3 4 5 6 7 8
G. R. C. O. (Criminal) Vol. II
5T ATEMENT SHOWING THE JUDICIAL AND OTHER WORK DONE BY THE CHIEF JUDICIAL
MAGISTRATE ...................... DURING THE ................... ..........QUARTER 20 ......................
Name of the Total number Number of days Number of Number of Number of
Chief Judicial of working devoted to days justifying working working days
Magistrate days during judicial work employment days spent spent on Remarks
the quarter according to on administrative
the yard-stick Inspection and other work
and Journey including casual
leave
1 2 3 4 5 6 7
III. PERIODICAL RETURNS AND STATEMENTS
G. R. C. O. (Criminal) Vol. II
1 2 3 4 5 6 7
Chief Judicial Magistrate
III. PERIODICAL RETURNS AND STATEMENTS
Magistrate.
JUDICIAL MAGISTRATE IN THE................. HALF-YEAR 20..................IN THE DISTRICT OF....................
15. Remarks
III. PERIODICAL RETURNS AND STATEMENTS
G. R. C. O. (Criminal) Vol. II
l[FORM No. (S) 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1 2 3
G. R. C. O. (Criminal) Vol. II
Total
(3)
and Comparing
Clerks
contingen-
cies
9 to 14
Fines (3)
comparing Fees
credited to
Government
able to
Criminal
Justice (4)
10. Process Servers
11. Salaried Copying
12. Others
13. Others
14. Refunds
15. Total of columns
15. Remarks
2. Process Fees
3. Other fees
4. Fines
5. Copying and
6. Other Receipts
7. Total
8. Gross
9. Share debit
Total......
1. District Magistrates/Chief Judicial Magistrates will give total figure separately for each station at which there is a Magistrate, Sessions Judge will give
them separately for each district within the Sessions Divisions. 2. Omit fractions of a rupee. 3. Magistrates will not include realisation on account
G. R. C. O. (Criminal) Vol. II
of fines imposed on persons committed for trial to the Court of Session which will be shown by the Sessions Judge in his statement. They will include
8. Acquitted or discharged
9. Found guilty and placed
ANNUAL STATEMENT - 2 (CRIMINAL)
on probation
Number of triel
10. Convicted
ACQUITTED OF EACH OFFENCE IN THE IN THE YEAR 20 .
The number of persons out of those shown in column 8, the cases against whom were compounded,
Note - The totals of columns 8 to 11 should tally with the total of column 7.
The name of the district to which transfer should also be noted in column of Remarks.
III. PERIODICAL RETURNS AND STATEMENTS
G. R. C. O. (Criminal) Vol. II
III. PERIODICAL RETURNS AND STATEMENTS
SCHEDULE OF OFFENCES
Attempts where not separately specified in the Schedule should be
entered immediately after the offences at which there are attempted. Abetment
should be 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 Section 121 to 130
Offences against the Army Chapter VII Section 131 to 140
and Navy
Offences against the Public’ Chapter VIII Sections 143 to 145, 149
tranquility to 151, 157, 158-Unlawful
Assembly
Sections 147, 148, 152,
153 and
154 to 156 etc. Rioting,
Sections 153-A-
Promoting enmity
between classes.
Section 160-Affray
Offences by or relating to Chapter IX Sections 161 to 169 by
public servants public servants
Sections 161, 170 and
174-
Rela ting to public
servants
Contempt of the lawful Sections 172 to 190
authority of public servants.
False evidence and offences Sections 193 to 200-False
against public justice evidence, etc.
Sections 201 to 229-
Offences against public
justice.
Offences relating to coin and Chapter XII Sections 231 to 254
Government stamps Offences relating to coin .
Sections 255 to 263 -
Offences relating to
stamps.
Offences relating to weights Chapter XIII Sections 264 to 267
and measures
Offences affecting the public Chapter XIV Sections 269 to 278 -
health, safety, convenience, Offences affecting public
decency and morals health.
Sections 279 to 289 -
Offence affecting safety.
Sections 290 to 291 -
Offences affecting
convenience.
Sections 292 to 294 -
Offences affecting
decency and morals.
Sections 294 A-Keeping
lottery office of
publishing proposals for
lottery.
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
III. PERIODICAL RETURNS AND STATEMENTS
Offences relating to religion Chapter XV Sections 295 to 298
Sections 302 and 303-
Murder
Section 307-Attempt
. to murder
Section 304-Culpable
homicide.
Section 304-A-Causing
death by rash or
negligent act.
Section 308-Attempt
at culpable homicide
Section 305 and 306-
abetment of suicide
Section 309-Attempted
suicide Sections 311-
Thug. etc.
Sections 312 to 315-
Causing miscarriage
Section 316-Injury to
unborn children.
Offences affecting the human Chapter XVI Section 317-Expose of
body infants
Section 318-
Concealment of
birth by secret disposal
of dead body.
Sections 325 to 331 and
333-
Hurt with aggravating
circumstances.
Sections 323, 324, 332
and 334 to 338 - Other
cases.
Section 341-Wrongful
restraint
Sections 343 to 348-
Wrongful confinement.
Sections 352 to 358-
Criminal force or assault
Sections 364, 366, 367-
Kidnaping of forcible
abducting
circums tances.
Sections 363, 365, 368, 369-
Other cases
Sections 370 & 371 -
Salvery
Sections 372 & 373-
Buying or selling a
minor for the purposes
of prostitution.
Section 374-Forced labour
Section 376-Rape
Section 377-Unnatural
Offences
Appealable sentence
passed.
Discharged
after
admonition
Discharged
afteradmo-
nition
Delivered to
parent or
guardian
Found guiltyand
placed on probation
under Act 20 of 1958.
Delivered to
Non-appealable
parent or
guardian.
sentence passed.
Total of column 11 to
22
Committed or referred
to 1
Appealable sentence
passed
Non-appealable
sentence passed.
1 12 13 14 15 16 17 18 19 20 21 22 23
II. EXECUTIVE MAGISTRATES
1. District Magistrates
2. Sub-divisional Magistrates .
3. Executive Magistrates of other categories
Total
III. PERIODICAL RETURNS AND STATEMENTS
G. R. C. O. (Criminal) Vol. II
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
THE HIGH COURT OF ORISSA
32. Rigorous 17. Rs. 10 and under
7
and
33. Simple
18. Rs. 50 and under
34. Rigorous
7
under years
35. Simple
years Above
were commuted
to detention in
a Reformatory 21. Rs. 1,000 and under
school
37. Released on
admonition 22. Above Rs. 1,000
Fine
38. Released on
probation 23. Total amount of fines
without imposed during the
supervision. year (2).
39. Released on
probation on 24. Total amount of fines
furnishing realised during the
surety or in
Details of Punishment
year (3).
charge of a
Probation
Officer specially
25. Amount paid by way
appointed by
Court. of compensation
40. Released on
probation and 26. Rigorous
placed under the
supervision of
under
Probation
Officer. Number of persons dealt with by probation 27. Simple
15 days and
ANNUAL STATEMENT - 5 (CRIMINAL) - Contd.
41. Released on
probation and
required to 28. Rigorous
reside at
probation
under
Home/Hostel
Imprisonment
29. Simple
or other places.
6 months and
42. Released on
probation with 30. Rigorous
a requirement to
pay
under
compensation to 31. Simple
7 days and
the victim.
III. PERIODICAL RETURNS AND STATEMENTS
G. R. C. O. (Criminal) Vol. II
1. Omit fraction of a rupees
2. Include all judicial fines imposed during the year by the Criminal Courts in the exercise of
Original Jurisdiction.
3. Include all such fines realised during the year, though imposed in previous years.
INSTRUCTIONS - In the case of offences triable jointly under Section 219 of the Code of Criminal
'procedure, the sentences passed should be exhibited separately if consecutive, and once only if concurrent.
'he number of case such as those in which fulfilment of contract is ordered Under Act XIII of 1859 should be
noted in a foot note.
As regards persons whose cases have been referred for higher punishment, for orders under Section
25 of the Criminal Procedure Code or for confirmation of sentence, the punishment, if any, sanctioned by
he High Court should be entered against such higher Court and not against the Court making the reference.
Note - Column 23 - This column should exhibit all fines imposed during the year on the persons shown in
Columns 7 to 22 of the Statement, by Officers in the exercise of original jurisdiction.
Column 24 should exhibit the realized portion of the above fines, including realization of fines
imposed but not recovered in a previous year.
Column 25 represents compensation awarded to complaints under Section 357, Criminal Procedure
III. PERIODICAL RETURNS AND STATEMENTS
G. R. C. O. (Criminal) Vol. II
or
required to keep the
of
and
peace under Section
106 (3), Criminal
Procedure Code, by
summarily
Court of Appeal or
order
Revision and the
number
number of youthful
offenders sent to a
Reformatory School
by Appellate Courts
under Section 8 (2)
G. R. C. O. (Criminal) Vol. II
of the Reformatory
appellants,
applicants for revision
including pending from
previous year .
Total
New trial or further
enquiry ordered
Appeals
disposed of including
entries-in columns 4 to 10.
Remaining at the end of
the year
Disposed of during the
year
Remaining at the close of
the year
Class of Court
1.
2.
3.
4.
5.
6.
7.
8.
9.
11. Total whose cases were
12.
14.
15.
Courts On the 1st day On the 2nd day On the 3rd day After the 3rd day
Number of witness
discharged without
examination
*Amount paid as
expenses
Remarks
G. R. C. O. (Criminal) Vol. II
FORM No.(S) 12
ANNUAL STATEMENT
STATEMENT SHOWING THE PERSONS
DEALT WITH UNDER THE
PROBATION OF OFFENDERS ACT DURING 20.............................
No. of persons
Below 21 year 21 years of age
of age and above
(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 -to ...................at...................................
(Signature of Magistrate)
Note - 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) Do 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 so 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 ?
searching fee
Space for
Space for
APPLICATION FOR COPIES
Serial No ................
IN THE COURT OF
Application for Urgent/Ordinary Copy
* ................. No................ of 20.........
* Here state the class of case ..............................................................
Versus
Description of document of Application is made by ...........................the undersigned,
which co.py is wanted with for copy of the marginally named document
date and the purpose for which in the above case which was disposed of on/is still
copy is applied for pending ......................The following stamps and stamped
sheets are filed :-
Dated..................... 20................... Signature of applicant
ESTIMATE OF
COSTS
(Excluding what has been filed) Estimated stamps, etc, notified on
Rs. P. ................. supplied on..................
................... Stamp sheet @ 20 P. Applicant,
........... Court-fee stamps @ 20 P. Record received on .........................
Extra stamp for urgency .................
Searching fee in stamp.................... Copy will be ready on ......................
Total Copy actually ready on ......................
Date Clerk-in-charge Copy delivered on
Head Comparing Clerk
NOTE - The application will not be considered complete until stamps and
costs have been supplied in full which must be done within 3 days of the date of the
estimate. All inquiries and complaints shall be accompanied by this counterfoil. It will
be given up when the copy is delivered.
From
THE MAGISTRATE OF
To
THE CHIEF DISTRICT MEDICAL OFFICER OF
Dated, the 20................. 20.............
Sir,
I am to request that you will make post-mortem examination
of the body of .................................herewith sent to you, and report the
result to this office.
Yours faithfully,
Magistrate
From
THE SESSIONS lUDGE OF
MAGISTRATE
To
THE CHIEF DISTRICT MEDICAL OFFICER OF
MEDICAL OFFICER
Dated, the ..................................... 20...........
Sir,
Dated ...............
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
Sir,
I am to inform you that the Sessions
Case No. noted on the margin has
been fixed for the trial onIam to
State request that the following material
Vs. object (s) sent to you by letter
.............. Accused
No .................. dated ............ of the
Committed on
charges under Judicial Magistrate of .....................
Sections .............. may be returned along with your
I.P.C. By the report before the date fixed.
.......... of ........
Yours faithfully,
Sessions Judge
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
FORM No.(M) 9
PETITION OF APPEAL
of
CONVICTED AND SENTENCED BY THE
Of................ On the ................... Day of .................. 20 ..........
Under section (s)
Sheweth
FORM No.(M) 10
LETTER CALLING FOR RECORDS UNDER SECTION 385 (2)
OR; 397 OF THE CRIMINAL PROCEDURE CODE
No.
From
THE SESSIONS JUDGE/CHIEF JUDICIAL MAGISTRATE OF
To
THE Complainant
Dated, the....................... 20 ........... Versus
Accused,
Sir, Case
I am to request that you will forward decided
to this office, on or before the ....................... the by .............
original records of the case noted on the margin.
The records are required under Section 385 on ............
(2) 397 of the Criminal Procedure Code, 1973 20 ..........
(Act II of 1974).
Yours faithfully,
From
THE SESSIONS JUDGE OF
To
THE
Dated, the....................... 20 ..........
Sir,
Under Section 385 (1) of the Criminal Procedure
Code, I am to inform you that the case marginally
Convicted noted is set down for hearing on the , and also to
by the of on request that you will give notice thereof to the
the 20 appellant and the complainant (Private prosecutor, if
any) intimating to me hereof that you have done so.
* Omit this *2. I am also to request that you will forward the
paragraph original records of the case so as to reach this office
when not at least days before the date fixed for hearing
necessary the appeal. A brief may be prepared for the use of the
Public Prosecutor before the record is sent.
Yours faithfully
Note 1 - When notice is issued to the complainant he should be
informed that the State 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 permtsslon of the Court to appear and ordinarily will
not receive such permission if the State appears.
Note 2 - Brief is to be supplied to the Public Prosecutor where State
is the respondent.
MEMO No.
Dated, the ........................ 20 ............
Copy forwarded to the Chief Judicial Magistrate/Subdivisional
Judicial Magistrate/Subdivisional Magistrate of ...............for information.
The original records of the case should be forwarded so as
to reach this Court at least .............................day before the date fixed for
hearing. Before doing so, the Subdivisional Judicial Magistrate/
Subdivisional Magistrate is requested, if necessary to have a brief
of the case prepared for the use of the Public Prosecutor.
Sessions Judge
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
....................................................................... Complainant
Versus
......................................................................... Respondent
Convicted of an offence under Section........................... I.P.C. by
the Magistrate of .............on the ..................20................ and acquitted
on appeal by the Sessions Judge of ..............on the .................20 .........
In the matter of a petition of appeal filed by the State of Orissa,
under Section 378 of the Code of Criminal Procedure, in connection
with the case noted above.
Take notice that the aforesaid appeal has been set down for
hearing before the Hon’ble High Court on ..........20 .............at Cuttack.
You are hereby required to appear either in person or through Advocate at
the hearing of the appeal on the said date. Herein fail not.
A copy of the petition of appeal is enclosed.
In case you desire legal assistance of the Court for your
defence, necessary report to the effect may be filed before me
by .....................20 .....................
Date this .......... day of ...........
Magistrate
FORM No.(M) 12
(Section 385 Cr.P.C.
NOTICE TO PUBLIC PROSECUTOR INTIMATING HIM
THE TIME AND PLACE OF HEARING OF APPEAL
From
The
SESSIONS JUDGE
CHIEF JUDICIAL MAGISTRATE
To
THE PUBLIC PROSECUTOR
Dated, the .................. 20 ....................
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
IV. MISCELLANEOUS FORMS
Take notice that Criminal Appeal .............................noted
Criminal Appeal on the margin has been fixed for hearing on .....................
No ..........of
19 ............ at ...............A.M. in this Court.
Appellant Sessions Judge
versus
...... Respondent Chief Judicial/Magistrate
FORM No.(M) 13
HEADING OF JUDGMENT OF APPELLATE COURT
In the Court of Mr ...................................Sessions Judge/Chief Judicial
Magistrate of .............................
Criminal Appeal No .......................of .............................20
Appeal from the order of Assistant Sessions Judge/
Magistrate ...............................................................................
of .........................Dated ..........................20
Appellant
Respondent
FORM No.(M) 15
FORM FOR INTIMATING ORDERS IN
CRIMINAL APPEALS AND MOTIONS
(Sd)
Memo No ............................Dt. ...................
Copy with the warrant and bail-bond, if any, forwarded to the
........................of .........................for information and which the direction to -
(1) discharge the accused from his bail, Strike out (1), (2) or (3)
Sessions Tudge
Chief Judicial Magistrate
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
IV. MISCELLANEOUS FORMS
FORM No.(M) 16
LETTER FRaM THE SUPERINTENDENT
OF JAIL FORWARDING PETITION OF
APPEAL TO. THE HIGH COURT
No ...............................
From
THE SUPERINTENDENT OF JAIL AT
To
THE DEPUTY REGISTRAR OF THE HIGH COURT, ORISSA
Dated, the .................20................
Sir,
I forward, for the purpose of being laid before Court, petition
of appeal (with copy of the judgment annexed) dated the......................
day of ...............20..................from ...............convicted by the..............
at ..................of an offence under Section (s) ................of.................on
the ......................day of .....................20 .............
Yours faithfully,
Superintendent of the Jail
Memo No ...........................Dt. ........................
Copy forwarded to the Sessions Judge/Chief Judicial Magistrate
of ...........................
Dated ..................... Superintendent of the Jail
The ...................20 ........................
FARM No.(M) 17
ORDER SHEET FOR MAGISTRATES'/RECORDS
In the Court of ................at .............Case No ............of 20
Versus
Serial Date of Order with initials Office note as to
number order of the Magistrate action taken on order
of order (if any) and date
1 2 3 4
Complainant
Applicant
Versus
Opposite Party
Accused
FORM NO.(M) 24 - A
RECEIPT OF COPIES OF DOCUMENTS
ON COMMITMENT OF THE.
ACCUSED TO THE COURT OF SESSION
In the Court of ................at ................Case No. ................ of
................................................................................. State/Complainant
Versus
................................................................................................. Accused
Received ..........................the brief/copies of the documents as
per Rule 50 of the G.R. & C.O. (Criminal) Volume I -
Signature of the accused
Pleader for the accused
Public Prosecutor
FORM No.(M) 26
WARRANT OF ARREST
No.2, Schedule II, Act II, 1974
(Section 70 of the Criminal Procedure Code)
To
(1) ................Whereas (2) ................of..........................stands.....................
charged with the offence of (3) ........................................You are hereby directed
to arrest the said (2) and produce him before me. Here in fail not.
Dated the ................day of ..................20 .........................
Sessions fudge/Magistrate
(See Section 71)
This warrant may be endorsed as follows
If the said (2) ...........................................shall give bail himself in the sum
of .....................with one surety ..............................................in the sum of rupees
................. (or two sureties in the sum of rupees.....................................) to attend
before me on the ..................day of .......................................and to continue so to
attend until otherwise directed by me, he may be released.
Dated this................. day of ........................20 ...............
(Seal of the Court) Sessions ludge
Magistrate
FORM No.(M) 27
BOND AND BAIL-BOND AFTER ARREST
UNDER A WARRANT
No.3, Schedule II, Act II, 1974
(Section 81 of the Criminal Procedure Code)
I (4) .......................of .......................................being brought before
the (5) ............under a warrant issued to ...........................compel my appearance
to answer to the change of (6) ........................................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 making default therein, I bind myself to
forfeit to Government the sum of rupees ...............................................................
1) Name and designation of the person or persons who is or are to execute the warrant.
(2) Name of the accused.
(3) State the offence.
(4) Name.
(5) District Magistrate or as the case may be.
(6) State the offence.
FORM No.(M) 30
ORDER OF ATTACHMENT TO COMPEL THE
ATTENDANCE OF A WITNESS
No.6, Schedule II, Act II, 1974
(Section 83 of the Criminal Procedure Code)
To
THE POLICE OFFICER-IN-CHARGE OF THE POLICE
STATION AT .....................................................
WHEREAS a warrant has been duly issued to compel the
attendance of 9 .....................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 shown to my
1. Name, description and address
2. Has committed or is suspected to have committed
3. Mention the offence concisely
4. Name, description and address of the witness;
5. Name of witness
6. Has absconded or is concealing himself to avoid the service of the said warrant
7. Mame
8. Place
9. Name description and address
FORM No.(M) 31
ORDER OF ATTACHMENT TO COMPEL THE
APPEARANCE OF PERSON ACCUSED
No.7, Schedule II, Act II, 1974
(Section 83 of the Criminal Procedure Code)
To
WHEREAS complaint has been made before me that 4..................5
..................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 said ...................................... cannot be
found and whereas it has been shown to my satisfaction that the
said................. 7................................... and thereupon a proclamation has
been or is being duly issued and published requiring the said6................... to
appear to answer the said charge within..........................days and whereas
the said 6...................................is possessed of the following property other
than land paying revenue to Government in the 8....................of.................
in the district of...................................and an order has been made for the
attachment thereof..................................
1. Has absconded or is concealing himself to avoid the service of the said warrant.
2. Name description and address.
3. Name and designation of the person or persons who is or are to execute the
warrant.
4. Name, description and address.
5. Has committed or is suspected to have committed.
6. Name.
7. Has absconded or is concealing himself to avoid the service of the said warrant
8. Village or town.
9. Strike out the one which is not applicable depending on the nature of the property
to be attached
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
IV. MISCELLANEOUS FORMS
You are hereby required to attach the said property in the
manner specified in Clause (a) and Clause (c) or both...................... of
Sub-section (2) of Section 83 and to hold the same under attachment
pending the further order of this Court, and to return this warrant
with a endorsement certifying the manner of its execution.
Dated this................... day of.................... 20 ...........................
Seal of the Court Signature
FORM No.(M) 32
ORDER AUTHORISING AN ATTACHMENT BY THE
DISTRICT MAGISTRATE OR COLLECTOR
No.8, Schedule II, Act II, 1974
(Section 83 of the Criminal Procedure Code)
To
THE DISTRICT MAGISTRATE/COLLECTOR OF THE
DISTRICT OF
WHEREAS complaint has been made before me that 2................
3................the offence of ................, punishable under section ..............
of the Indian Penal Code, and it has been turned to a warrant of a r r e s t
thereupon issued that the said! cannot be found; and whereas it has
been shown to my satisfaction that the said 4..................5 .............. And
thereupon a proclamation has been or is being duly issued and
punished requiring the said 4 to appear to answer the said charge
within days and whereas the said 4.......................is possessed of certain
land paying revenue to Government in the 6.............of............................
in the district of...............................
You are hereby authorised and requested to cause the said land
to be attached in the manner specified in Clause (a) or Clause (c) or
both 7 of Sub-section (4) of Section 83 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.......................... 20............................
(Seal of the Court) Signature
1. Strike out the one which is not applicable depending on the nature of the
property to be attached.
2. Name, 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
6. Village or town
7. Strike out the one which is not desired.
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
IV. MISCELLANEOUS FORMS
FORM No.(M) 33
WARRANT IN THE FIRST INSTANCE TO
BRING UP A WITNESS
No.9, Schedule II, Act II, 1974
(Section 81 of the Criminal Procedure Code)
To1
WHEREAS complaint has been made before me that 2................
of ...............3.............. committed the offence of ..............4.....................
and it appears likely 5 .......................can give evidence. concerning the
said complaint; and whereas I have good and sufficient reason to
believe that he will not attend as a witness on the hearing of the said
complaint unless compelled to do so.
This is to authorize and require you to arrest the said 6 ...........................
and on the .............................. day of ............................ To bring him before this
Court, to be examined touching the offence complained of.
Dated this............................ day of.......................... 20............................
(Seal of the Court)
Signature
FORM No.(M) 34
WARRANT TO SEARCH AFTER INFORMATION OF A
PARTICULAR OFFENCE
No.10, Schedule II, Act II, 1974
(Section 93 of the Criminal Procedure Code)
To 7 ............................................................................................................
Whereas 8...................................................................................................
Signature
FORM No.(M) 35
WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT
No.ll, Schedule II,Act II, 1974
(Section 94 of the Criminal Procedure Code)
To
WHEREAS information has been laid before me, and on due
inquiry there-upon held, I have been led to believe that the 9........................
is used as place for the 10 .......................................
This is to authorise and require you to enter the said11.....................
with such assistance as shall be required, and to use, if necessary
reasonable force for that purpose, and to search 12............................... and
1. Commission or suspected Commission.
2. Mention the offence concisely.
3. Specify the thing clearly.
4. Now being made or about to be made.
5. Offence or suspected offences.
6. The thing to be specified.
7. Describe the house or place part thereof to which the search is to
be confined.
8. Name and designation of the Police Officer above the rank of a constable.
9. Describe the house or other place.
10. Deposit or sale of stolen property. or. if for either of the other purposes
expressed in 1he Section, state the purpose in the words of the Section.
11. House or other place.
12. Every part of the said house or other place, or if the search is to be
confined to a part. specify the part clearly.
FORM No.(M) 36
BOND TO KEEP THE PEACE
No.12, Schedule II, Act II, 1974
(Sections 106, 107 of the Criminal Procedure Code)
WHEREAS, 12 .....................inhabitant of 3.................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 not 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................ 20 ................
................................4............................do hereby declare 5.....................
surety for the above-named............................. that he shall not commit
a branch 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 his making default therein 4........................
bind 6...................... to forfeit to.........................Government..................
the sum of rupees.....................
Dated this....................... day of............... 20 ...........
Signature of the Surety/Sureties.
1. Property or documents or stamps, or seals or coins or abscene objects as the
case may be. (Add when the case requires it) and also if any instruments and
materials which you may reasonable believe to be kept for the manufacture of
forged documents or counterfeit stamps, or false seals, or counterfeit coin or
counterfeit currency notes as the case may be.
2. Name
3. Place
4. I or we
5. Myself or ourselves
6. Myself or ourselves jointly and severally
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
IV. MISCELLANEOUS FORMS
FORM No.(M) 37
BOND FOR GOOD BEHAVIOUR
No.13, Schedule II, Act II, 1974
(Sections 108, 109 and 110 of the Criminal Procedure Code)
FORM No.(M) 38
SUMMONS ON INFORMATION OF A PROBABLE
BREACH OF THE PEACE
No.14, Schedule II, Act II, 1974
(Section 113 of the Criminal Procedure Code)
To....................................................................................
............................................of.........................................
1. Name
2. Place
3. State the Period
4. I or we
5. Myself or ourselves
6. Myself or ourselves jointly and severally
FORM No.(M) 40
WARRANT OF COMMITMENT ON FAILURE TO FIND
SECURITY FOR GOOD BEHAVIOUR
No.16, Schedule II, Act II, 1974
(Section 122 of the Criminal Procedure Code)
To .....................................................................................................
The...................................of the Jail at..................
WHEREAS.............................................................And whereas an
order has been ....................... recorded stating the same and requiring the
said3................................ to furnish security for his good behaviour for the
term of 4............................. by entering into a bond with 5..........................
......................himself for rupees.......................... And 6.........................for
rupees ......................and the said3...................... has failed to comply with
the said order, and for such default has been adjusted imprisonment
for.................... unless the said security be sooner furnished.
1. Officer-in-charge
2. It has been made to appear to me that (name and description) has been
concealing his presence in the district and there is reason to believe that
he is doing so with a view to committing a cognizable offence
or Whereas evidence of the general character of (name and description)
has been adduced before me and recorded from which it appears that he
is an habitual robber of house breaker etc. (as the case may be)
3. Name
4. State the period
5. One surety or two, or more sureties as the case may be
6. The said security to each) of the said sureties
7. State the term .
8. Officer-in-charge of Jail
9. Term of imprisonment
FORM No.(M) 41
WARRANT TO DISCHARGE A PERSON IMPRISONED ON
FAILURE TO GIVE SECURITY
No.17, Schedule II, Act II, 1974
(Sections 122 and 123 of the Criminal Procedure Code)
To
The l ............................................. of the Jail at................................
WHEREAS2......................................................... was committed
to your custody under warrant of this Court.
Dated the...................... this day of................. and 3...................
This is to authorise and require you forthwith to discharge the
said 4............................. From ............................... your custody, unless
he is liable to be detained for some other cause.
Dated, this day of............................. 20..........................
FORM No.(M) 42
ORDER FOR THE REMOVAL OF· NUISANCES
No.20, Schedule II, Act II, 1974
(Section 133 of the Criminal Procedure Code)
To1
WHEREAS it has been made to appear to me that you 2
I do hereby direct and require you within 3.........................................at4
Dated, this day of...........................20............................
Seal of the Court Signature
FORM No.(M) 43
MAGISTRATE'S NOTICE AND PEREMPTORY ORDER
No.21, Schedule II, Act II, 1974
(Section 141 of the Criminal Procedure Code)
I hereby give you notice that it has been found that the order
issued on the...................day of...................requiring you6 is reasonable
and proper. Such order has been made absolute, and I hereby direct
and require you to obey the said order, within 7......................................
.....................................
And in case of disobedience thereof you will be liable to the
penalty provided therefor by the Indian Penal Code for disobedience
thereto.
Dated, this day of........................... 20................
Seal of the Court Signature
To
WHEREAS the inquiry into the Conditional Order issued by me
on the ........................ day of ................... 20 ........... is being and it has
been made to appear to me that the nuisance mentioned in the said
order is attended with such imminent danger of inquiry of a serious
kind to the public as to render necessary immediately measures to
prevent such danger or injury. I do hereby, under the provisions of
Section 142 of the Code of Criminal Procedure, 1973 direct and enjoin
you ...............forthwith to2...................pending the result of the inquiry.
Dated, this day of................ 20....................
Seal of the Court Signature
FORM No.(M) 45
MAGISTRATE'S ORDER PROHIBITING
THE REPETITION, ETC., OF A NUISANCE
No.23, Schedule II, Act II, 1974
(Section 143 of the Criminal Procedure Code)
To
WHEREAS it has been made to appear to me that 4 ...................
I do hereby strictly order and enjoin you not to repeat or continue to
said nuisances.
Dated, this day of................ 20....................
Seal of the Court Signature
FORM No.(M) 47
MAGISTRATE'S ORDER DECLARING PARTY ENTITLED
TO RETAIN POSSESSION OF LAND, ETC, IN DISPUTE
No.25, Schedule II, Act II, 1974
(Section 145 of the Criminal Procedure Code)
It appears to me on the grounds duly recorded, that a dispute
likely to induce a breach of the peace, existed between 4.......................
Concerning certain 5....................................................... suitable 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 6..........................and being satisfied by
due inquiry held thereupon within 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 said 7......................is true ..............
I do decide and declare that 8............. in possession of the said 6............
and entitled to retain such possession until ousted by due course of law
do strictly................................. forbid any disturbance of 9......................
Possession in the meantime.
1. Name, description and address
2. Follow the recital given in Form No.24, Schedule II, Act II, 1974
3. Insert the order of prohibition
4. Describe the parties by names and residence or residence only if the dispute
between bodies of villagers.
5. State concisely the subject dispute
6. The subject of dispute
7. Name, Names or description
8. He is or they are
9. His or their
FORM No.(M) 48
WARRANT OF ATTACHMENT IN THE CASE OF A
DISPUTE AS TO THE POSSESSION OF LAND, ETC.
No.26, Schedule II, Act II, 1974
(Section 146 of the Criminal Procedure Code)
To the
WHEREAS it has been made to appear to me that a dispute
likely to induce a breach of the peace, existed between 2........................
concerning certain 3..............situate within the limits of my jurisdiction,
and the said parties were thereupon duly called upon to state in writing
their respective claims and to the fact of actual possession of the
said 4......................and whereas upon due inquiry into the said claims 5.
This is to authorize and require you to attach the said 4................
by taking and keeping possession thereof and to hold the same under
attachment until the degree or order of a competent Court determining
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.
Dated, this ..................... day of ................ 20 ..............
Signature
FORM No.(M) 50
BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY
BEFORE A POLICE OFFICER
No.28, Schedule II, Act II, 1974
(Section 169 of the Criminal Procedure Code)
110................... of.............. being Charged with the offence of 11.............
and after inquiry 12............................do hereby bind myself to appear at
1. State concisely the subject of dispute
2. Land or water
3. Describe the person or persons
4. The public or if by an individual, or a class of persons describe him or them.
5. (If the use can be enjoyed throughout the year) that the said use has been
enjoyed within three months of the institution of the said inquiry (or if the
use is enjoyable only at particular reasons, say) “during the last of the
reasons at which the same is capable of being enjoyed.
6. The claimant or claimants of possession.
7. Take or retain
8. He or they
9. Him or them
10. Name .
11. State offence
12. Required to appear before the Magistrate of or and after inquiry called upon
to enter jnto my own recognizance to appear when required.
FORM No.(M) 51
BOND TO PROSECUTE OR GIVE EVIDENCE
No.29, Schedule II, Act II, 1974
(Section 170 of the Criminal Procedure Code)
6
1 , .......................... of 7 ....................... do ...................................
hereby bind myself to attend at ......................................in the Court of
..................... at .........................O’clock on the ............................... day
of next, and then and thereto 8 .................................... in the matter of a
charge of against one 9 ....................... .... and in case of making default
herein, I bind myself to forfeit to Government the sum of rupees.
Dated, this ................... day of .................. 20 ................
Seal of the Court Signature
To 1.................................................................................................
WHEREAS your attendance is necessary to answer a charge of
a petty offence 2................................you are hereby required to appear
in person (or by pleader) before 3..............................of...........................
on the....................... day of........................... 20............ or if you desire
to plead guilty to the charge without appearing before 3...................to
transmit before the aforesaid date the plea of guilty in writing and the
sum of ...................rupees as fine, or if you desire to appear by pleader
and to plead guilty through such pleader, to authorise such pleader in
writing to make such pleader of guilty on your behalf and to pay the
fine through such pleader. Herein fail not.
Dated, this ................... day of .................. 20 ................
Seal of the Court Signature
NOTE - The amount of fine specified in this summons shall not exceed
one hundred rupees.
Section/ (s)
I, ......................................................... (1) received the summons
to answer a charge of petty offences in aforesaid case. I do hereby
plead guilt and remit a sum of rupees.................................... (in words)
......................................... by postal money order and pray that the said
amount may be accepted and the case may be disposed of .
.......................................
Date....................................... Signature of the accused
(This form need not be sent to the Court if the accused is not willing
to plead guilt).
1. Name of the accused
FORM No.(M) 53
NOTICE OF COMMITMENT BY MAGISTRATE
TO PUBLIC PROSECUTOR
No.31, Schedule II, Act II, 1974
(Section 209 of 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 Public Prosecutor to
conduct the Prosecution of the said case.
The charge against the accused is that 1,
Dated, this ................... day of .................. 20 ................
Seal of the Court Signature
To
The Officer-in-charge of Jail at..............................................
WHEREAS 1 ............................... of ........................................is charged
with 2 .................................................... and has been committed to take
his trial before the Court of Session at ....................................................
You are hereby required to receive the said .......................... Into
your custody and produce him before the said Court when so
required.
Dated, this ............. day of................ 20 ...............
Seal of the Court
Signature
FORM No.(M) 55
CHARGE WITH ONE HEAD
No.32, (I) Schedule II, Act II, 1974
(Sections 211, 212, 213 of the Criminal Procedure Code)
P3, ............................................ hereby charge you 4 ..................................
........................as follows :
That you, on or about 5................................. at 6.......................................
7...................................... and thereby committed an offence punishable
under Section ...........................................of the Indian Penal Code, and
within 8...................................... and I hereby direct that you be tried by
this/ said Court on the said charge.
Dated, this ............. day of................ 20 ...............
Sessions Judge/Magistrate
1. Name [with age]
2. State the offence
3. Name and office of Sessions Judge/Magistrate
4. Name of accused person
5. State the date and time
6. Place
7. State the offence
8. My cognizance or the cognizance of the Chief Judicial Magistrate in the district of, as
the case may be.
...1............................................................................hereby charge
............................................................ As follows :- ...........................
Signature of Sessions
Judge /Magistrate
1. Officer-in-charge
2. Name of Prisoner [with age)
3. 1 st, 2nd, 3rd as the case m
4. Name and official desiqnatl
5. Mention the offence or offe
6. Or Sections
7. Indian Penal Code or of ..
8. State the punishment fully
9. Officer-in-charge, Jail
10. Prisoner's name
Former
9. By whom convicted
11. Sentence
2. Character
convicted
1. Address
or not
8. Date
To
The Officer-in-charge of the Jail at
WHEREAS 1..........................................................has brought against
2 .................................... the complaint that 3 ........................................ and
the same has been dismissed on the ground that there was no reasonable ground
for making the accusation against the said 4.......................................and the order
of dismissal awards payment by the said 4 ...................................of the sum of
rupees .................................................as compensation; and whereas 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;
1. Name with age and description
2. Name with age and description of the accused person
3. Mention it concisely
4. Name of complainant
Signature
FORM No. (M) 63
SUMMONS TO WITNESS
No. 33, Schedule II, Act II, 1974
(Sections 6 and 244 of the Criminal Procedure Code)
To........................ of .....................
WHEREAS complaint has been made before me that 3 ..............
of 4 ....................................... committed the offence of 5 ......................
and it appears to me that you are likely to give material evidence or to
produce any document or other thing for the prosecution.
You are hereby summoned to appear before this Court on
the .............day of .............next at 100Clock in the forenoon to produce
such document of thing or to testify what you know concerning the
matter of the said complaint, and not to depart hence without leave of
the Court and you are hereby warned that if you shall without just
excuse neglect or refuse to appear on the said date, a warrant will be
issued to compel your attendance.
Dated, this ............. day of................ 20 ...............
Seal of the Court
Sessions Judge/Magistrate
Note - In cases where a witness is a public servant a forwarding
letter to the head of the office in which such public servant is employed in
Form No. M-25-A is to be enclosed to summons.
1. Name
2. Term of imprisonment
3. Name of the accused.
4. Has or is suspected to have
5. State the offence concisely with time and place
6. Or six as the case may be
To
The Officer-in-charge of the Jail at ............................
Whereas the attendance of 1 ............ at present confined/detained
in the above-mentioned prison, is required in this Court to answer to a
charge of 2.................or for the purpose of a proceeding 3 .....................
............ you are hereby required to produce the said 1 ............................
under the safe and sure conduct before this Court ....................... on the
..............day of ................. 20 ...........by ................A.M. thereto answer
to the said charge or for the purpose of the said proceeding, and after
this Court has dispensed with his further attendance, cause him to be
conveyed under safe and sure conduct back to said prison.
And you are further required to inform the said 1 .................... of
the contents of this order and deliver to him the attached copy thereof.
Dated, this ............. day of................ 20 ...............
(Seal of the Court)
Countersigned
(Signa ture)
FORM No. (M) 65
To
The Officer-in-charge of the Jail at
1. Name of Prisoner
2. State shortly the offence charged
3. State shortly the particulars of the proceeding
From
...................................................
To
THE SECRETARY,
THE HOUSE OF THE PEOPLE/THE COUNCIL OF STATES,
PARLIAMENT HOUSE, NEW DELHI.
SUBJECT - 4
Sir,
In the above proceedings, the plaintiff! defendant/Complainant/
accused proposes to examine ....................................... an Officer in the
To
THE SECRETARY, Legislative Assembly /Legislative Council
OF THE STAFF
ST A TE LEGISLATIVE COUNCIL
SUBJECT - (1)
Sir,
In the above proceedings the Complainant/ accused proposes to
examine ........................ an Officer in the Secretariat of the Legislative
Assembly /Council of States (or any duly informed Officer in the
Secretariat of the Assembly /Council) as a witness in regard to matter
specified in the Annexure. I am to request you to move the Hon’ble
Speaker/Chairman, or the House, if necessary, 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 Court on at.. A.M.
Annexure
Yours faithfully
FORM No. (M) 69
FORM OF LETTERS OF REQUEST TO BE ISSUED FOR
Sir, THE PRODUCTION OF DOCUMENTS IN COURTS OF
LAW FROM THE RECORDS OF THE LEGISLATIVE
ASSEMBLIES/COUNCIL OF THE STATES
Sessions Judge
1. Prisoner’s name
2. Officer-in-charge
3. Name of Prisoner
4. 1 st, 2nd, 3rd as the case may be.
5. Time and place of execution
Sessions Judge
Sessions Judge
1. Name
2. State the number of days or hours allowed.
3. Name, address and description of the offender
4. Mention the offence concisely
5. Name
1. Name
2. Place
3. Name and description of the surety or sureties
4. Myself or ourselves surety or sureties
5. I or we bind myself or ourselves jointly and severally
1. Officer-in-charge
2. Name and description of the offender
3. Presence of or view
4. Name of offender
5. State the number of months or days
6. Officer-in-charge
7. Name of offender
8. Term of imprisonment
To 1
WHEREAS 2 ....................................... being 3............................
......................... as a witness, and this day required to give evidence o n
an inquiry into an alleged offence, refused to answer 4 ..........................
........................ put to him touching the said alleged offence and duly
recorded having been called upon to produce 5 ......................................
has refused to produce such document without alleging any just excuse
for such refusal and for his refusal has been ordered to be detained in
custody for 6 .................................................................
This is to authorise and require you to take the said
7 ........................ into custody, and him safely keep in your custody for
the period of .................. days, unless in the meantime he shall consent
to be examined and to answer the questions asked of him, or to
produce the document called for from him and on the last of the said
days, of forthwith on 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.
1. Officer-in-charge
2. Name [with age], description and address
3. Wife, child, father or mother (name)
4. State the reason.
5. Herself or himself
6. Neglected or refused
7. Name
8. Wife, child, father or mother
9. Or months
10. Simple or rigorous
11. Officer-in-charge
Sessions Judge/Magistrate
Judge
To
WHEREAS on the .......................day of................... 20............ you
became surety by a bond for I . of 2 that he would be of good behaviour
for the period of ................................................................. to Government,
1. Name
2. Place
Signature
1. Name
2. Mention the offence concisely
3. Name, description and address
4. Name of person, and mention the condition of the bond
5. Name
6. The penalty in the bond
To 1
of Village ............................ Thana ................District ......................
---------
1. Name
2. Fare or Excess fare Rs ..............
3. Excess charge Rs ...............
Total Rs..................
Note - 1. In columns 2 & 5 of this List, the first name of each side,
e.g. A. VS. B shall only be noted.
Note - 2. In columns 3 & 6 the dates of adjournment are to be noted
at the close of the day.
GENERAL LETTERS
OFTHE
ORISSA HIGH COURT
MODALlITIES TO BE FOLLOWED AT THE TIME OF GRANTING
BAIL TO THE ACCUSED PERSONS
(a) In suitable cases, where there is apprehension that the
accused may jump bail, preferably the bailor/bailors as the case
may be should be of blood relation of the accused and in case such
bailor /bailors are found not solvent up to bail amount, or are not
willing to take bail, the accused is to satisfy the Court on those
points and in that case preferably the bailor /bailors should be of
the Village, Panchayat, Sub-division or District or any other place
chronologically and in case the accused prefers a bailor outside of
his district, the bailor should mention in the affidavit generally
required to be filed, to the satisfaction of the Court, as to how he
developed acquaintance with the accused. Besides the accused would
explain to the satisfaction of the Court in writing as to why he did
not prefer to choose a bailor from his district giving convicting
reasons for choosing the bailor out side of the District.
(b) Ordinarily the bail may not be granted when the accused
has jumped bail and surrenders after the action is taken for his
non-attendance in the Court in case he does not satisfy the Court
for his non-attendance of the Court due to some unavoidable
circumstances.
(c) While in a bail jumping case, the accused is brought under
arrest, the Magistrate should not be liberal in granting bail.
(d) In case the bail-bond/bonds has/have not been forfeited
and the accused prays to continue on previous bail, the order to
continue on the previous bail should not be passed by the Presiding
Officer behind the back of the bailor /bailors.
(e) On the day when the accused was found to have jumped
bail, one Misc. Case against the bailor /bailors as well as the accused
should be initiated without any further delay.
(f) The bailor /bailors in his affidavit should also mention
as to whether for the 1st time he/they is/are standing sureties 0;
previously he/ they was/ were bailor /bailors in one or more than
one case.
(g) While checking the solvency if it is found that the property
stands In the name of his (bailor's/bailors') father, the bailor /bailors
should mention in his affidavit that either his/their father or fathers
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
From
Shri R. N. Panda, M.A., LL.B.
Registrar of the High Court of Orissa
To
The District and Sessions Judge, Balasore
Subject : Procedure to be followed for return of documents in
criminal cases consigned to the District Record Room.
Sir,
With reference to your letter No .. 1958, dated 16.5.1981 on
the above subject I am directed to say that instructions issued in
Court's Circular letter No. 1472, dated 14.3.1976 on the question
of return of documents in Criminal cases are exhaustive and clear.
The period of six months prescribed in Rule 226 at page 65 of the
G.R. and CO. (Criminal) Volume - I, is to be counted on the judgment
being final which includes the judgments of the Superior Courts
also. It is the responsibility of the Judge-in-charge Record Room
to give notice to the parties to take return of the documents. In
spite of notice if the parties do not turn up to take their documents,
the risk is theirs.
In the circumstances the Court have been pleased to observe
that there is neither any necessity to modify the instructions already
issued in the matter not to prescribe a separate form for return of
documents in Criminal Cases ;
Yours faithfully
R. N. Panda
Registrar
No. 3866-XLIX-D-17/84
Dated Cuttack, the 11th April 1984
From
Shri R. N. Panda, M.A., LL.B.
Registrar of the High Court of Orissa, Cuttack
To
All the District and Sessions Judges of the State
Subject : Recording of confessional statements of the accused
persons in cases triable exclusively by the Court of Sessions.
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
Sir,
Yours faithfully
R. N. Panda
Registrar
Sir,
I am directed to say that a question was raised as to whether
the penalty imposed on bailors can be written off by the Judicial
Magistrates. The matter was discussed in the District Judges
conference held in the month of December 1983. It was decided in the
conference that in view of the specify provisions contained in 431 and
446 of the Code of Criminal Procedure the concerned Magistrate are
competent off writ of to the penalty imposed on bailors provided the
conditions laid down in Rule 115 of the General Rules and Circular
Orders Criminal Volume I page 39 for writing off the fine amount are
satisfied.
The Court concur with that decision and are pleased to observe
that Sub-section (2) of Section 446, Cr.P.c. equates the procedure
for recovery of penalty under a forfeited bond with the procedure
for recovery of fine imposed by a Court. Rule 145 at page 39 of the
General Rules and Circular Orders (Criminal), Volume I, laying
down the principles for writing off irrecoverable fines is therefore
applicable for writing off the penalty under a forfeited bond.
Yours faithfully
R. N. Panda
Registrar
Sir,
I am directed to invite a reference to the provisions of the
Section 169 and 170 of the Code of Criminal Procedure and to say
that as provided in Section 169, Cr.P.C. the accused is required to
furnish a bond and bail bond with or without sureties in form
No. 28 binding himself to appear in the Court of the Magistrate
on the date fixed in that bond or on such other day as he may be
directed to attend to answer further to the charge and in case of
his making default to bind himself to forfeit the amount for which
the bond has been executed Section 170 (1) Cr.P.c. provides that
in case of bailable offence the accused is required to give security
before the Officer-in-charge of a Police Station for his appearance
before the Magistrate on the date fixed and for his attendance
from day to day before such Magistrate until otherwise directed.
Section 446-A of the Code of Criminal Procedure makes provisions
that in case of failure of the accused to attend the Court on the
date fixed in pursuance of the bond executed by him in Form No.
28 as required under Section 169 or 170 (1) Cr.P.c. the bond shall
stand cancelled and the accused shall not be released only on his
own bond. From the prevalent practice, it appears that when the
accused does not appear before the Magistrate on the date fixed
in the bond executed by him in Form No. 28 the said bond is not
being forfeited and fresh summonses are being issued by the Courts
to the accused for his appearance in Court which unnecessarily
increases the clerical labour and causes delay in disposal of the
case.
In the circumstances, the Court have been pleased to observe
that coercive action against the accused persons and their bailors may
be taken as per the provisions of Section .446-A of the Code, for
failure of the conditions mentioned in the bail bond executed in Form
No. 28, before the Police Officer.
GOVERNMENT OF ORISSA
LAW DEPARTMENT
No. 13297 - II - 16/84 (PI.) - II
Dated Bhubaneswar, the 23rd July 1984
From
Shri A. C. Das, LL.B.
Joint Secretary to Government
To
The Registrar, Orissa High Court
Sir,
Subject : Criminal Courts-Witnesses Expenses-Drawal of witness
expenses by Courts through A.C.Bill.
Reference : Courts Letter No. 5119, dated 8.5.1984.
Sir,
I am directed to say that in order to overcome the difficulties
arising out of non-payment or belated payment of
“Witnesses Expenses” to the witnesses appearing in different Criminal
Courts due to non-availability of sufficient funds Government, after
careful consideration, have been pleased to decide that the requirement
of Witnesses Expenses be drawn by the Courts for one month through
A.C.Bills and same be recovered through D.C.Bills within a period of
two months. In other words, amounts drawn in August 1984 in
A.C.Bills would be cleared through D.C.Bills by the end of October
1984. The Courts may would be cleared through D.C.Bills by the end
of October 1984. The Courts may ensure payment to witnesses on the
very day of their appearance in the Court.
I am to request that the Court may kindly issue necessary
instructions in the matter to all concerned.
Yours faithfully
A. C. DAS
Joint Secretary to Government.
No. 8537
Dated Cuttack the 25th August, 1984.
From
Shri J. M. Mohapatra, M. Com., LL.B.
Registrar of the High Court of Orissa (Admn.)
To
All the Sessions Judges of the State
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
Sir,
I am direct to say that a doubt has been entertained as to
whether charge-sheets and prosecution reports in respect of offences
under Essential Commodities (Special Provisions) Act, 1981
committed on or after 1.9.1992 should be continued to be filed before
the cognizance taking Magistrates or before the Special Courts
constituted under the Act. All the District and Sessions Judges of the
State were consulted in the matter.
On a careful consideration of the matter the Court have been
pleased to observe that in view of provisions of Section 12 AA (l)(a)
and (e) and other Provisions of the Act, cognizance of the offence
under the Act has to be taken by the Special Court upon perusal of
Police report or the report made by a public servant, and as such the
prosecution reports/the charge-sheets should be filed before the
Special Court constituted under the Act. The Court further observe
that in case of filing of charge-sheet by the Police before the Special
Court, the fact be noted in the G.R. Register maintained by the C.S.I.
with an endorsement that the charge-sheet has been filed before the
Special Court and after disposal of the case instituted on Police report
by the Special Court the result of the case may be noted in the
C.R.Register on collecting the information from the said Court by the
C.S.1. I am, therefore, to request that aforesaid instructions may be
brought to the notice of all special Courts constituted under the Act
and other Subordinate Criminal Courts working under you for their
information and guidance.
Yours faithfully
J. M. MOHAPATRA
Registrar (Admn.)
No. 9742-XLIX-D-24/84
Dated Cuttack the 20th September 1984
From
Shri J. M. Mohapatra, M.Com., LL.B.
Registrar (Admn.) of the High Court of Orissa, Cuttack
To
The Dis trict and Sessions Judges
Subject : Maintenance of a Register for pending split up records.
Sir,
I am directed to say that the question of maintenance of a
register for pending split up records in Criminal Courts in respect
No. 10859
Outed Cuttack the 7th November 1985
From
Shri J. M. Mohapatra, M.Com., LL.B.
Registrar (Admn.) of the High Court of Orissa, Cuttack
To
The District and Sessions Judges
Subject : Expeditious disposal of Sessions Cases involving under-
trial prisoners.
Sir,
It has come to the notice of the Court that abnormal delay
occurs in the trial and disposal of Sessions Cases of under trial
prisoners in spite of issuance of instructions in Court's Letter No.
8490, dated 24.8.1984 regarding expeditious disposal of Sessions
Cases involving under-trial prisoners.
Rule 58 at page 16 of the C.R. and C.O. (Criminal) Volume -
I provides that it should always be the endeavor of every Sessions
Judge to see that a Sessions Trial is brought to close with the
expedition without any unnecessary adjournments.
The Court wish to observe that the Sessions Judges should
have a close eye on the pendency and disposal of such cases in their
respective jurisdictions. They further direct that the Sessions Judges
should give preference to the trial of Sessions Cases involving
under-trial prisoners and see that their trial is brought to close with due
expedition.
I am to request that the above instructions of the Court should
be strictly followed by all the Sessions Courts within their jurisdiction.
Yours faithfully
J. M. MOHAPATRA
Registrar (administra tion)
GOVERNMENT OF ORISSA
HOME DEPARTMENT
No. 51989-PLA-14/84-P
Dated Bh ubanesuiar, the 18th October 1985
From
Shrimati A. Agnihotri, I.A.s.
Deputy Secretary to Government
To
The Director-General and I.G. of Police, Orissa, Cuttack
Subject : Amendment of Rule 119 of Orissa Police Manual Rules,
1940, VoU
Reference : Letter No. Law - 28/81-31681 - Dated 7.11.1981 of
the D.I.G., C.I.D. and Rlys, Orissa, Cuttack.
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
Sir,
Sir,
I am directed to say that in course of inspection of the Court of
the District and Sessions Judge, Cuttack by Hon'ble Justice Shri
S. K. Ray (as he then was) in August 1977 doubts were entertained
as to how the following types of cases are to be registered.
(i) Applications filed in the Court of Sessions Judges against
orders passed by Subordinate Criminal Courts regarding disposal
of properties in pending cases.
(ii ) ‘Applications for orders for disposal of properties filed in
the Court of Sessions Judge in cases tried and disposed of by
Assistant Sessions Judge.
(iii) Application under Section 116 (7) of the Code of Criminal
Procedure.
1. The Court, after careful consideration, observe that in view
of the provisions laid down in the foot-note to Form No. R-25 at page
81 of the General Rules and Circular Orders (Criminal) Volume I the
applica tion under Section 116 (7) Cr.P.c. should be registered as
Miscellaneous cases.
2. As there is clear provision in Section 454, Cr.P.c. for filing
appeals against orders passed by the Courts of Magistrates regarding
disposal of seized properties at the conclusion of the trial, such
proceedings should be registered as Criminal Appeals on the filing
on a Memorandum of appeal.
No. 5631-XLIX-D-19/82
Dated the 17th May 1982
From
Shri B. N. Misra, LL.B.
Registrar of the High Court of Orissa, Cuttack.
To
The District and Sessions Iudge
The Chief Judicial Magistrate
Subject : Expeditious disposal of Criminal Appeals preferred by
convicted person who are in jail.
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
Sir,
I am directed to say that it has been brought to the notice of
the Court that jail appeals and Criminal appeals in which the convicted
persons are in jail are not being disposed of expeditiously. Very often
it is noticed that by the time the Criminal Appeals or jail appeals are
disposed of the sentences awarded by the Trial Court are spent out. In
order to prevent such a situation the Court have been pleased to direct
that all Criminal appeals whether preferred from jail or otherwise, by
convicts who are in jail should be disposed of by giving them priority
over other cases.
I am, therefore, to request that the above instructions should be
strictly followed by all the Criminal and Sessions Courts under your
Sessions Division.
Yours faithfully
B. N. MISRA
Registrar
No. 7284-XLIX-D-27/82
Dated Cuttack the 13th/14th July 1982
From
Shri B. N. Misra, LL.B.
Registrar of the High Court of Orissa
To
The Director of Public Prosecutions, Orissa, Bhubaneswar.
Subject : Permission to sit in different Courts exercising Criminal
Jurisdiction including Court of Sessions to watch the
performance of the Counsel appearing for the State and
examination of the case records including the case diaries
to assess the performance of the Public Prosecutors and
Assistant Public Prosecutors.
Sir,
With reference to your semi-official Letter No. 29, dated the
8th May, 1982 on the above subject. I am directed to say that the
Court have been pleased to permit you to inspect in Court case
records including the case diaries, with the permission of the Court
concerned, in accordance with Rule 209, Chapter III at page 60 of
the General Rules and Circular Orders of the High Court of Judicature,
Orissa, Criminal, Volume - I, to enable you to properly evaluate
the work of the Public Prosecutors and Assistant Public Prosecutors.
Yours faithfully
B. N. MISRA
Registrar
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
No. 8100(25)-XLIX-D-31182
Dated Cui tack, the 29th/30th July, 1982
From
Shri B. N. Mishr a, LL.B.
Registrar of the High Court of Orissa
To
The District and Sessions Iudge
The Chief Judicial Magistrate
Subject : Non-appearance of Assistant Public Prosecutors against
the State of Orissa.
I am directed to forward for your information and guidance and
for favour of communication to and guidance of the Criminal Court’s
subordinate to you, the accompanying copy of letter No. 11195 (13),
dated the 15th July, 1982 from the Legal Rememberancer, Law
Department, Bhubaneswar in the matter of prohibiting appearance of
Assistant Prosecutors against the State in Criminal cases.
Yours faithfully
B. N. MISRA
Registrar
GOVERNMENT OF ORISSA
LAW DEPARTMENT
No. 11195 (13) - L.L.R. 6/82-L
Dated, the 15th July 1982
From
D. Hota,
Legal Rememberancer
To
All District Magistrates
No. 9660-XLIX-D-I0/81
Dated Cuti ack, the 23rd September, 1982
From
Shri B. N. Misra, LL.B.
Registrar of the High Court of Orissa
To
All the District and Sessions Judges of the State
Subject : Non-payment of Batta witnesses.
Sir,
I am directed to say that it is noticed that the witness expenses
are not being paid to the witnesses in Criminal Courts as well as
Sessions Courts. As a result witnesses in Criminal Cases are being
put to considerable difficulties and that is one of the reasons for
non-appearance of the witnesses in Court. Very often the witnesses
are asked to leave their addresses for remitting the Batta amount
by Money-Order due to non-availability of funds with the Nazir.
This practice not only creates a lot of difficulty to the witnesses,
but also gives scope for corruption. The Court, after careful
considerations are of the view that the District and Sessions Judges
should ensure payment of Batta to the witnesses in the date of
their appearance in Court. It should be the responsibility of the
Presiding Officer to see that when witnesses from long distance
are summoned, steps are taken in advance to ensure payment of
Batta to them on the date of their commination. The Court, therefore,
direct that District Judges should take adequate steps to raise the
permanent advance at the disposal and get the Batta Bills encashed
sufficiently ahead of the date of trial of the case.
I am, therefore, to request that the above directions may be
brought to the notice of the Chief Judicial Magistrates and Judicial
Magistrates working under you for their information and guidance.
Yours faithfully
B. N. MISRA
Registrar.
No. 4143
Dated Cuitack, the 3rd May, 1983
From
Shri B. N. Misra, LL.B.
Registrar of the High Court of Orissa
To
All the District and Sessions Judges of the State
Yours faithfully
B. N. MISRA
Registrar
From
Shri B. N. Mishr a, LL.B.
Registrar of the. High Court of Orissa
To
All the District and Sessions Judges of the State
Subject : Whether a Judicial Officer should be permitted to leave the
Court everyday during recess from 1.30 P.M. to 2.00 P.M.
To go home for taking lunch.
Sir,
I am directed to say t hat the question as to whether a Judicial
Officer should be permitted to leave the Court every day during recess
from 1.30 P.M. to 2.00 P.M. to go home for taking lunch came up for
consideration of the Court.
After careful consideration of the matter the Court are pleased
to observe that no Judicial Officer should be permitted to leave the
Court during recess from 1.30 P.M. to 2.00 P.M. to go home for taking
lunch.
I am, therefore, to request that the aforesaid instruction may be
brought to the notice of all Subordinate Judicial Officers under you
for strict guidance.
Yours faithfully
B. N. MISRA
Registrar
No. 5785-XLIX-O-7/78
Dated Cut tack, the 13th/14th May, 1983
From
Shri B. N. Mishra, LL.B.
Registrar of the High Court of Orissa
To
All the District and Sessions Judges of the State
Subject : Service of summons on police officers.
Sir,
I am directed to say that very often the Criminal Courts face
the difficulty in procuring the attendance of the Police Officers to
give evidence resulting delay in disposal of the cases pending in
their Courts. It is noticed that the Courts while issuing summons
to the police officers do not always give sufficient time for their
appearance to give evidence and in some cases their orders in this
regard are not being complied with promptly. Consequently, service
of summons cannot be effected with sufficient time ahead of the
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
date fixed as a result the police officers who mostly remain busy in
Law and order problems find it difficult to attend the Court to give
evidence.
The question as to how best the attendance of the Police officers
can be secured to give evidence in Criminal cases came up for
consideration of the Court. On a careful consideration of the matter
Court are pleased to direct that the Court's while issuing summons
the police officers requiring them to give evidence, should give
sufficient time and summons should be issued within three days
of the order.
I am accordingly to request that the aforesaid instructions may
be brought to the notice of all Criminal Courts subordinate to you for
information and guidance.
Yours faithfully
B. N. MISRA
Registrar
No. 11481
Dated Cut tack, tile 27th October, 1983
From
Shri R. N. Panda, LL.B.
Registrar of the High Court of Orissa, Cuttack
To
The District and Sessions Judges of the State
Subject : Expeditious disposal of cases involving person getting Legal
Aid under the State Legal Aid and Advice Scheme, 1981.
Sir,
I am directed to say that it has been brought to the notice of the
Court by the Member-Secretary of the Orissa Legal Aid and Advice
Board that the parties getting Legal Aid are required to attend the
Courts in connection, with their cases on several dates as most of the
cases are being adjourned from t-ime to time for various reasons.
Under the Orissa State Legal Aid and Advice Scheme, the aided
persons are allowed travelling expenses for attending the Courts.
When the cases of such persons are adjourned, it causes drainage of
public exchequer besides causing delay in disposal of the cases.
The Court, therefore, have been pleased to direct that the
Presiding Officers of the Subordinate Civil and Criminal Courts
should give priority to the disposal of the cases in which
the parties have been given the benefit under the Legal aid Scheme.
However, such cases will have no preference over the criminal cases
involving under trial prisoners and civil cases, which have become
three years old.
I am to request that the aforesaid instructions may be brought
to the notice of all the Civil and Criminal Courts in your judgeship for
their information and strict guidance.
Yours faithfully
R. N. PANDA
Registrar
No. 69 - XLIX-D-61/83
Dated Cuttack, the 4th January, 1984
From
Shri R. N. Panda, M.A.,LL.B.
Registrar of the High Court of Orissa
To
All the District and Sessions Judges of the State
Subject : Making correction in the depositions of witness dictated by
the Presiding Officers while signing each page of such
deposition.
Sir,
I am directed to say that it has come to the notice of the Court
that typed depositions of the witnesses are found to contain large
number of mistakes. Although Rule 84 at page 23 of General Rules
and Circular Orders (Criminal), Volume - I provides that each page of
the deposition typed to the dictation of the Presiding Officer must be
attested by his signature, some of the Judicial Officers are found not
correcting the depositions of the witnesses before putting their
signatures on each page of the same. It has also come to the notice of
the Court that the certified copies of the depositions and judgments
very often contain several spelling and grammatical mistakes and
omissions and at times it becomes difficult for the appellate and
revisional Courts to quote any part of the evidence or the judgment.
The Court, accordingly direct that the Presiding Officers should
correct the deposition of the witnesses dictated by them, while putting
their signatures in each page of such deposition. the Court further
observe that greater care should be taken by the officers-in-charge of
the Copying Department to see that certified copies of depositions
and judgments, are free from any mistake and omission.
From
Shri R. N. Panda, M.A. LL.B.
Registrar of the High Court of Orissa, Cuttack.
To
All the District and Sessions Judges of the State
Subject : Procedure to be followed in a case of sentence of fine when
the convict is either represented or absent on the date of
delivery of judgment.
Sir,
I am directed to say that in course of inspection of the Court
of Judicial Magistrate First Class, Balasore made by the District and
Sessions Judge, Balasore on 19.4.1980 a doubt was entertained by him
regarding the procedure to be followed for realisation of fine amount
in a case of sentence of fine when the convict is either represented or
absent on the date of delivery of Judgment,. All the Sessions Judges
of the State, were consulted in the matter.
The Court after careful consideration of the matter have been
pleased to observe that pronouncement of a Judgment of fine is
permissible under Sectioil353 (6) of the Code of Criminal Procedure
in absence of the accused. If a counsel represents the-accused and
is ready to pay the fine, the matter ends there. In other cases, the
Magistrate has to follow the procedure laid down in Section 421,
Cr.P.C for realisation of the fine amount. If there are no special reasons
he has to stop all actions for realisation of fine amount unless there is
an order for payment of compensation or expenses out of the fine
amount under Section 357, Cr.P.C Rule 132 at page 34 of the G.R.
and CO. (Criminal) Volume I has no application to such cases.
I am to request that the above instruction of the Court should
be followed in future.
Yours faithfully
R. N. PANDA
Registrar
From
Shri R. N. Panda, M.A.,LL.B.
Registrar of the High Court of Orissa
To
All the District and Sessions Judges of the State.
From
Shri R. N. Panda, M.A.,LL.B.
Registrar of the High Court of Orissa
To
The District and Sessions Judges, Puri
Subject : Whether Railway dues i.e., Railway fare and excess charges
can be written off treating the same as fine.
Sir,
I am directed to refer to para 20 at pages 11-12 under the
caption “examination of pending Fine Misc., Case Records”of the
notes of inspection of the Court of the Special Railway Magistrate,
Khurda Road made by the Chief Judicial Magistrate, Puri on 15.1.1981
on the above subject and to say that a doubt has been entertained as to
whether the railway dues ordered to be recovered from the accused
under Section 112 of the Indian Railways Act in addition to the fine
imposed, can be treated as 'Fine' so as to enable the Magistrate to write
it off in the circumstances mentioned in Rule 145 of the C.R. & C.O.
(Criminal) Volume 1.
On a careful consideration of the matter the Court have been
pleased to observe that the railway dues under Section 112 of the
Indian Railways Act are payable by virtue of orders passed by the
Court and the provisions of Section 431 of the Code of Criminal
Procedure, 1973 apply to such, cases. Such dues are recoverable as
fine and can be written off on the grounds mentioned in Rule 145
at page 39 of the C.R. &C.O. (Criminal) Volume 1.
I am therefore to request that the aforesaid instruction may be
brought to the notice of all till' Courts subordinate to you for their
information and guidance.
Yours faithfully
Registrar, High Court of Orissa
No. 1983
Dated Cuttack, the 17th February, 1984
From
Shri R. N. Panda, M.A.,LL.B.
Registrar of the High Court of Orissa
To
All the District and Sessions Judges of the State
Subject : Maintenance of the Register of the Attendance of witnesses
(R)-8 Criminal.
Sir,
I am directed to say that a doubt has been entertained whether
in the Register of Attendance of witnesses (R)-8 (Criminal) the serial
numbers are to be assigned quarterly or annually.
All the District and Sessions Judges were consulted in the
matter. Their reports reveal that in some of the Courts quarterly serial
numbers are being assigned to the entries (R)-8 (Criminal) while in
other Courts annual consecutive serial numbers are being given to the
entries.
On a careful consideration of the matter the Court have been
pleased to observe that quarterly serial number should be assigned
to the entries in the Register of Attendance of witnesses (R)-8
(Criminal) as it would be convenient for compilation and submission
of returns.
am accordingly to request that the aforesaid instructions of the
Court be strictly followed in future by all the Criminal Courts.
Yours faithfully
R. N. PANDA
Registrar
No. 2560-IX 8/80
Dated Cuttack, the 5th March, 1984
From
Shri R. N. Panda, M.A.,LL.B.
Registrar of the High Court of Orissa
To
All the District and Sessions Judges of the State
Subject : Whether the periods of substantive sentence of imprisonment
and default sentences are to be clubbed together to be entered
in Col. 11 in the Register of Warrants of Imprisonment (R)-5.
From
Shri R. N. Panda, M.A.,LL.B.
Registrar, Orissa High court, Cuttack
To
All the District and Sessions Judges of the State
Subject : Holding of the T.I.Parades and the recording Statements
of witnesses under Section 164, Cr.P.C.
Sir,
I am directed to invite your attention to Court's letter No. 4840,
dated 10.5.1978 in which instructions were issued to hold T.I.Parades
promptly whenever approached by the Investigating Officer. It has
come to the notice of the Court that inordinate delay is being caused in
holding T.I.Parades and the recording statements of witnesses under
Section 16 of the Code of Criminal Procedure by the Judicial
Magistrates and specially when the records are held up in a higher
Court. The Sessions Judges of the State were consulted in the matter.
THE HIGH COURT OF ORISSA
G. R. C. O. (Criminal) Vol. II
No. 3447-XXXI-l/77
Dated Cuttack, the 30th March, 1984
From
Shri R. N. Panda, M.A.,LL.B.
Registrar of the High Court of Orissa
To
All the District and Sessions Judges of the State
Subject : Furnishing a certificate in the bail petition filed under
Section 439 of the Code of Criminal Procedure, 1973.
Sir,
I am directed to say that it has come to the notice of the Court
that in a particular case a bail petition under Section 439, Cr.P.C. Was
filed on behalf of the accused before the Court of Sessions at the
headquarters station which was rejected by the said Court but on the
very same day the same accused filed another petition for bail before
the local Assistant Sessions Judge on the self-same grounds and
obtained the order of bail resulting in conflicting. orders. A question
was raised as to how such a situation can be avoided. All the Sessions
Judges of the State were consulted in the matter.
Yours faithfully
R. N. PANDA.
Registrar
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