Criminal Manual 41 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

In exercise of the powers under Section 32 of the Bombay Court Fees Act, 1959 (XXXVI of 1959) and with the previous confirmation of the Government of Gujarat, the High Court of Gujarat is pleased to make the following rules :— I. The fees chargeable for serving and executing procossos issued by the Court of any Magistrate in the case of offences other than offences for which Police Officers may arrest without a Warrant, shall be as shown in the table appended hereto : TABLE Rs. P. In all cases—

(1) For every summons or notice. 0.30 (2) For every warrant of arrest. 1.25 (3) For every proclamation for absconding party or witness (Criminal Procedure Code, Sections 87 and 88). 1.25 (4) For every warrant of attachment. 1.25. Provided (i) that no fee shall be levied on any procoss issued upon the complaint of any Police Officer acting as such Police Officer.

(ii) that fresh fee shall not be chargeable in the case of re-issue or when a warrant is issued under Section 90 (b) of the Code of Criminal Procedure. II. Notwithstanding anything contained in proviso (i) to Rule I above, process fees shall be leviable from Municipalities in respect of summons and warrants issued in cases falling under Section 246 (2) of the Gujarat Municipalities Act, 1963. III. The Court may remit the procoss fees, in whole or in part, in cases other than those falling under Chapters XIX, XX and XXI of the Indian Penal Code, whenever the Court is satisfied that the complainant or the accused has not the means of paying them.

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