Thursday 8 February 2024

Provisions of Criminal Manual regarding issuance of Summary A,B, C by Magistrate

 Summaries of Final Orders

24. All the Courts of Session and the Magistrates are directed to specifically note for guidance ,the following instructions for issue of summaries of final orders. In all cases disposed of by them, they should comply with these instructions without prejudice to their statutory powers and judicial discretion :----

(1) Each Magistrate shall,immediately after disposing of a cognizable case , forward through the police Station from which the case came, to the Superintendent or Sub-Divisional Police Officer concerned ,a summary of a final order in Form E. It should be sent in all cases,whether disposed of by trial or otherwise brought to an end by the death,lunacy or escape of the accused or in any other way what-soever. When a case has been tried by a Magistrate, he will issue the summary. In cases tried by the Court of Session, the Magistrate concerned will forward the required summary after the disposal of the case by that Court or by the High Court. When the order of decision of the Magistrate is modified on appeal or revision ,the Magistrate who sent the original summary will sent again a fresh summary of such modified order or decision in Form F.

(2) If an accused in a case dies after a charge sheet has been sent up against him but before any evidence is recorded by the Magistrate, the Magistrate should issue A’ summary .

(3) In cases not sent up for trial but disposed of on final reports by the Magistrates, a Magistrate who is empowered to take cognizance of the offence on a police report should issue the summaries.

(4) In cases in which investigation has been refused by the police under section 157 (1) (b) of the Code of Criminal Procedure ,1973 ,the Magistrate should enter a remark or give a reply to the question No. 4 of the summary in Form ‘E’(given below) to the effect that the case is “not investigated by the police acting under Section 157(1) (b) of the Code of Criminal Procedure with Magistrate ’s approval .”

The Magistrate should also include in his summary the value of property alleged to have been stolen in such cases. In cases wherein the investigation was refused on the ground that the complaint was of a civil nature ,it is not necessary to include the value of property in his summary.

(5) The Criminal cases should be classified as follows :---

Class ‘A’ cases—The cases which are (i) ‘TRUE’ and (ii) wherein an accused is tried and in the absence of conclusive evidence ,is acquitted.

Class ‘B’ cases—Wherein no offence has been committed at all either by the accused or by any one else, but wherein the complaint is found to be “false and maliciously false.”

Class ‘C’cases---- Wherein no offence has been committed at all either by the accused or by any one else, but wherein the case is found to be “neither true nor false”or “false but not maliciously false .”

Non—Cognizable ”cases---The cases, in which the accused are convicted for non-cognizable offences, should be classed as “Non-cognizable ”. The cases , in which the police report discloses commission of only non-cognizable offences, should also be classed as “Non-cognizable ”.

(6) In cases wherein offences have been compounded, it is not proper to characterise the complaints as compounded , In such cases, the Magistrates should enter remark against question No. 3 of the Summary in Form E to the effect that the offence complained of has been compounded. Similarly, in cases wherein the accused is reported to be dead, or suffering from lunacy or absconding , the

Magistrates should enter a remark to that effect against question No. 3 of the Summary in Form E.

(7) In cases referred to the police for enquiry and report under Sections 156 & and 202 of the Code of Criminal Procedure ,1973 ,the Magistrates should send summaries of their final orders in the prescribed forms direct to the police Stations concerned for their record.

Print Page

No comments:

Post a Comment