Gujarat High Court Criminal Manual (subordinate court practice), 1977
The following rule 246 of the Bombay Police Manual, 1959, has been reproduced for the information and guidance of the Judges and Magistrates: Summaries of final orders.— (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 other way whatsoever. When a case has been tried by a Magistrate he will issue the summary. In cases tried by the Court of Session, the Committing Magistrate will forward the required summary after the disposal of that case by that court or by the High Court. When the result of a case is changed on appeal or revision, the Magistrate who sent the original summary will send a summary of the amendment 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 trying Magistrate, the Magistrate should be requested to issue an "A" summary. (3) Summaries in cases not sent up for trial but disposed of on final reports should be issued by a Magistrate who is empowered to take cognizance of the offence on a Police report. (4) To reports in cases in which investigation has been refused by the Police under section 157(1)(b), Code of Criminal Procedure, a Magistrate's reply is necessary. It is sufficient to enter in question 4 of the summary (Form E) that the case is "not investigated by the Police acting under section 157 (1)(b), 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, unless investigation was refused on the ground that the complaint was of a Civil nature. (5) If the case is "true" it should be classed as "A". This applies even where an accused is tried and, in the absence of conclusive evidence, is acquitted. The classes "B" and "C" are reserved for cases in which it is found that no offence has been committed at all either by the accused or by any one else. In such cases, if the complaint is found to be "false and maliciously false", the case should be classed as "B". If the case is found to be "neither true nor false" or "false but not maliciously false", it should be classed as "C". If the case ends in a conviction for a non-cognizable offence, it should be classed as "non-cognizable". A case where Police report made under rule 203 reveals commission of only a non-cognizable offence may also be classed as "Non-cognizable". (6) If the case has been compounded, Magistrates should make no attempt to characterize the complaint, but should simply record against entry No. 3 of the summary (Form E) that the case has been compounded. Similarly, when an accused person dies, or becomes a lunatic or escapes, this fact should be mentioned against entry No. 3 of the summary form. (7) Magistrates should send direct to the officer-in charge of the Police Station for record summaries of their final orders in the prescribed form in cases referred to the Police for enquiry under Sections 156 and 202, Code of Criminal Procedure. (8) Section 6 of the Criminal Law Amendment Act, 1952 provides for the appointment of Special Judges for trying the following offences: (a) An offence punishable under section 161, section 165, or 165-A of the Indian Penal Code or sub-section (2) of Section 5 of the Prevention of Corruption Act, 1947; (b) Any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a); and (c) Any other offence connected with any of the offences specified at (a) and (b) above with which the accused may, under the Criminal Procedure Code, be charged at the same trial. Police Station Officers or the officers of the Anti Corruption Bureau, as the case may be, should make their investigation reports with regard to the above offences to the Special Judges, in the same way as they make their reports to Judicial Magistrates under Section 173 of the Criminal Procedure Code, and obtain summaries, from the Special Judges after the cases are decided. (9) In cases in which Government has ordered prosecution the further orders of the Government should invariably be obtained, if for lack of evidence etc., no prosecution can be launched and "C" summary has to be asked for.