IN THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE, _____________
CC 2/2008
Between:
State
Complainant
AND
1. …… A1
2…………… A2
3……………. A3
4………………
A4
.
2.1.2008
Cognizance taken u/s 190 (1)
(b) against
A1 to A4 for the Offence under Section 324 r/w 34 IPC. Issue SS to
A1 to A4. Call on 12.1.2008
Sd.xxxxxxxxx
JFCM
OR
Cognizance taken u/s 190(1) (b) against A1 to A4 for the offences
under Section 324 r/w 34 IPC. Issue SS
to A1 to A3 and NBW against A4.
(Note: The attendance of A1 to A3 was dispensed with during crime
stage and A4 was not yet arrested nor he appeared before the court. Summons or
NBW may be issued against A4)
12.1.2008
SS of A1 to A3
NBW of A4
A1 to A3 SS served and are
present in person. Sri….Advocate filed
MOA (Memo of Appearance) for A1 to A3. A4 NBW pending. Call on 20.1.2008
20.1.2008
A1 to A3 present. A4 absent.
NBW pending. Police present and
submitted that they are in pursuit of A4.
Police are directed to report on A4 by 20.2.2008.
20.2.2008
A1 to A3 absent. Petition filed under section 317 cr.p.c and is
allowed. NBW of A4 pending.
Address a letter to SP and mark a copy to the SHO. Call on 20.3.22008
20.3.2008
A1 to A3 present. NBW of A4
pending. Police are directed to file
separate set of case papers for separating the case of A4 Call on 3.4.2008.
3.04.2008
A1 A2 present. NBW of A4 is
pending. A3 called absent and no
representation for A3. Issue notices to sureties of A3 and NBW against A3. Call
on 13.5.2008
13.5.2008
A1 A2 absent. Petition filed under section 317 cr.p.c and is
allowed. A4 NBW pending. A3 NBW and SN pending. Police absent. Call on
22.5.2008
22.5.2008
A1 A2 present; A3 A4 NBWs
pending. Surety notices of A3 on sureties by name xyz and abc served and both
sureties are present. Both sureties
requested in writing to grant one month time to produce A3. Time granted till
25.6.2008 to produce A3 Call on 25.6.2008.
25.6.2008
A1 A2 absent. Petition filed under 317 Cr.P.C and is allowed. Sureties of A3 by name xyz and abc called
absent and no representation and they failed to produce A3 before this
court. Both xyz and abc failed to abide by the conditions of
the bond undertaken by them and they failed to give any satisfactory
explanation for continuous absence of A3 before this court. The surety Bonds of abc and xyz stand
forfeited. Both the sureties are levied a penalty equaling to the bond amount
i.e. Rs.5000/- each. The bond amount of
Rs.5000 each lying in the FDRs is ordered to be collected as penalty and is
ordered to be confiscated to the state. CMO put up. (Penalty should be
collected under the head of ‘fine’. As and when the same is collected the same
should be noted on the docket in red ink mentioning the details of the challan
number, amount remitted and the date of the challan.)
[ If Fixed Deposit
Receipts or cash solvencies are secured]
OR
The bond amount of Rs.5000/- each is levied as penalty. Both xyz and abc are salaried employees
working in Government Department. Hence,
issue attachment warrant attaching the salary to the extent of Rs.1000/- per
month from the salary of xyz and abc each till the amount of Rs.5000/- is
recovered from each surety.
[If salary certificate is
produced as security. Separate Cr.M.P.s should be opened for each surety and
continued till the amount is recovered.]
OR
The bond amount of Rs5000- each is levied as penalty. Both the sureties have secured their
respective immovable properties for appearance of A3 in this case. Hence, Issue warrant to the Collector for
recovering the penalty amount of Rs.5000/- from each surety.{Issue warrant in
Form 50 CR.P.C. with changes wherever required).[If immovable property is secured]
OR
The bond amount of Rs.5000/- each is levied as penalty. Issue separate attachment warrants attaching
the movables of xyz and abc and put them for sale 5 days after attachment if
the penalty amount still remains unpaid, and report forthwith. {If
the court wants to proceed against the movables of the sureties in any
situation. Issue warrants as in Form 50 CR.P.C.
with changes wherever required.]
NOTE:
1. The attachment warrant against movables can be entrusted to
police or any other person. Refer Rule 185 of Criminal Rules of practice and
Form 9 therein.
2. Open separate docket by giving a separate Cr.M.P. number for each
surety and the docket shall be continued till the amount is recovered
Continuation of the main
docket dt 25.6.2008:
Police are directed to file
copy of case papers to split up the case againstA3 and A4 without fail by 30.06.2008.A1 A2 present. Call on 30.06.2008
30.06.2008
A1 and A2 present. A3 and A4 are absent and NBWs are pending against
them. Another set of Copies of case papers filed. Case against A3 and A4 is
split up and is numbered as CC 166/2008.
For examination of A1 A2 u/s 239 Cr.P.C. call on 3.7.08
3.07.2008
A1 A2 present and are examined under Section 239 Cr.P.C. Charges
against A1 and A2 for the offence u/s 324IPC r/w 34IPC, are framed, read over and explained to them
in vernacular to which they pleaded not guilty and claimed to be tried, Issue SS to LW1 to LW4 by 13.7.2008.
13.07.2008.
A1 A2 present. Lw1 to Lw4 are examined as Pw1 to Pw4. Ex P1 to P6, Mo1 are marked, Issue SS to Lw5 to Lw8 by 20.07.2008.
20.7.2008
A1 A2 present. Lw6 to Lw8 are
examined as Pw5 to Pw 7. Lw5 is given up by the APP. Prosecution Evidence is
closed. For 313 examination of A1 A2
call on 30,07.2008
30.7.2008.
A1 A2 are present and are examined under section 313 Cr.P.C. explaining the incriminating
circumstances appearing against A1 and A2 in the evidence of prosecution
witnesses which they denied and stated no defence evidence. Defence Evidence is
closed. For Arguments. Call on 2.08.2009
2.08.2009
A1 A2 present, Heard arguments on both sides. For Judgment call on 4.08.2009.
4.08.2009.
A1 A2 present. Judgment
pronounced in the open court vide separate order. In the result, A1 and A2 are found guilty for
the offence under section 324 r/w 34 IPC and they are convicted under section
248(2) Cr.P.C. [if the court chooses to proceed under the P.O. Act 1958, at this stage it is not
necessary to examine the accused on the quantum of sentence. If the court chooses not to deal with the
said Act, the court, as mandated under section 361 cr.p.c., shall record in the
Judgment the reasons for not invoking the said act] Both A1 and A2 are
questioned on the quantum of sentence and the same is recorded on a separate
questionnaire. A1 and A2 are sentenced to pay a fine of Rs.1000/- each and in
default of payment of fine they are sentenced to undergo simple imprisonment
for three months each. Out of the fine
amount a sum of Rs.1000/- is ordered as
compensation payable to PW1 ‘sssssss’. A1 and A2 are also apprised of their
right to prefer appeal against their conviction and on enquiry they stated that
they have got means to engage a counsel to prefer an appeal. Bail Bonds of A1
and A2 stand cancelled. No property order is passed in this case as the split up case CC… /…
against A3 and A4 is pending.
JFCM
Split
up case docket
IN THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE, _____________
C.C. 166/2008
IN
C.C.2/2008
30.06.2008
A1 and A2 present. A3 and A4 are absent and NBWs are pending against
them. Another set of case papers filed. Case against A3 and A4 is split up and
is numbered as CC 166/2008. For
examination of A1 A2 u/s 239 Cr.P.C. call on 3.7.08
Sd xxx
JFCM
………………………………………………………………………………………………
3.07.2008
A1 and A2 are
absent and NBWs are pending against them
The police are
directed to return the warrants for taking steps under 82 and 83 Cr.P.C.
against A1 and A2. call on 15.07.2008
15.07.2008
A1 and A2
absent. Police returned the warrants unexecuted stating that the whereabouts of
A1 and A2 are not known and that they are not residing in the known localities
and they are evading the process of law and are absconding. Hence Issue proclamation u/s 82 Cr.P.C.
against A1 and A2. The police are
directed to proclaim within 15 days from today for the appearance of A1 and A2
before this court on or before 6.08.2008.
The police are also directed to furnish property particulars of A1 and
A2 for taking steps u/s 83 Cr.P.C. Call on 6.08.2008.
6.08.2008
A1 and A2 absent. Report of proclamation u/s
82 Cr.P.C. filed by police and is duly proclaimed and is in order. Report also filed by police u/s 83 Cr.P.C.
along with a certificate of the Municipal Commissioner/MRO/District
Collector/Ward Councilor/RDO etc., that both accused 1 and 2 do not possess or
own any movable or immovable properties in the given locality. Hence no
further steps can be taken u/s 83 Cr.P.C
A1 and A2 are hereby declared as proclaimed offenders and police are
directed to make due publication of the same by 22.08.2008. For recording
evidence u/s 299 Cr.P.C. issue ss to Lw1 to Lw6. call on 22.08.2008
Note.
1. If
proclamation is not made, or if made is not in order, fresh proclamation should
be ordered.
2. The court should
see that proclamation is made by giving clear 30 days time for the appearance
of the accused from the date of making
proclamation and not from the date of ordering the proclamation.
3. The docket
order itself should indicate by what date proclamation should be made and also
the date of appearance of the accused before the court.
4. The
proclamation shall be in writing and by way of drum of beat or tom tom.
5. It should be
read in the locality of the absconding accused.
5. It
should be affixed at the
houses/homesteads of the accused
6. The report of
police u/s 82 should contain,
a) Report containing the manner of
publishing, the places where it was read and affixed, the engaging of a drum
beater, the tom tom charges paid.
b) Copy of proclamation
along with the panchanama or the report of the police in whatever manner it is filed shall contain the signatures of
witnesses from those localities and court wherever it was read and affixed, as
a proof of due proclamation in those localities.
c)
Tom Tom receipt
8. On the same
day police may also file a report under s. 83 depending on which the court can
proceed to take steps u/s 83.
9.If the
proclamation is in order the court shall make a declaration declaring the
absconding accused as proclaimed offender and direct the police to file report
of public declaration as provided in s. 82 (4)and (5).
22.08.2008
SS of Lw1 to Lw6
served and they are examined as Pw1 to Pw6 respectively. Ex P1 to P4 are marked. (Copies marked as
originals were already marked in main CC.2/2008.) Evidence u/s 299 cr.p.c. is
closed . Send a proposal to the Hon’ble district and Sessions Judge to omit the
case altogether from the registers of this court or to convert the same into
LPC (Long Pending Case)
OR
The evidence of Lw1 to Lw6 was
already recorded as evidence of Pw1 to Pw6 respectively in the main CC 2/2008.
The same is treated as evidence in this case.(In such cases it has to be verified
whether all the evidence, including the evidence concerning these accused was
adduced in the main case and there is no
need for examining any more witnesses.)Send……………………………………….(Same as above)
Note:
- The presiding officer should see that evidence regarding all the accused was adduced in the main case.
- If evidence against the absconding accused was also adduced in the main case, it will not be necessary to again record evidence u/s 299 Cr.P.C. Basing on the evidence in the main case the court can mention remarks in the LPC proposal.
- If no evidence was adduced against the absconding accused in the main case, the court may record evidence again u/s 299 Cr.P.C.
OFFICE NOTE ON
THE DOCKET:
LPC proposal
sent to the District and Sessions Judge vide Dis.No………… Date
2.10.2008:
Proceedings of
the District and Sessions Court in Dis.No………….dt……..received in this court
wherein permission is granted to convert this case into LPC.
Hence this case is converted
into LPC and is numbered as LPC 1/2008.
Section Clerk
record.
xxxxxxxxxxxxxxx
JFCM
LPC Proposal should contain the particulars
of each case as required in column no. 5 to 13 of Register of Long Pending
Cases ( CR 25) and also should contain the remarks of the Officer sending the
Proposal.
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