Gujarat High Court Criminal Manual (subordinate court practice), 1977
(1). The Inspecting Officer shall himself examine the records of at least 5 pending cases and 5 disposed of cases. He should pay special attention to the following points and should ascertain :— (i) Whether the Magistrate begins work punctually at the prescribed hour and whether he observes regular hours of work. (ii) Whether the practice and procedure followed by him are in accordance with the provisions of the Code and Criminal Manual and High Court Circulars. (iii) Whether he hears the cases from day to day and examines as many witnesses as he can out of those who are present on any day. (iv) Whether there are too many hearings in cases and whether adjournments are granted on inadequate grounds. (v) Whether arguments are heard soon after the evidence has been recorded and whether the judgments are delivered within a reasonable time thereafter. (vi) Whether priority is given to cases in which accused persons are in custody. (vii) Whether the Magistrate makes a proper use of his summary powers and maintains a record of cases tried summarily as required by law. (viii) Whether the Magistrate fixes the cases on board properly and (ix) Whether his disposals are adequate. (2) The Inspecting Officers should also pay attention to the following points and should examine the various registers and account books kept in the Magistrate's Court :— (i) Whether there is proper building for the Court and whether it needs any addition, improvements or repairs. (ii) Whether the Court room and other rooms in the Court building and the compound of the Court are maintained in a clean and tidy condition. (iii) Whether the proceedings are properly written and signed by the Magistrate. (iv) Whether the register of criminal cases is properly maintained. (v) Whether the register of cases on dormant file is properly maintained. (vi) Whether the papers of each case are properly arranged and kept in separate files as laid down in this Manual. (vii) Whether the records of disposed of cases are arranged and classified properly and whether they are maintained properly. (viii) Whether muddamal is arranged properly and precautions taken to prevent tampering with it or mixing up of the articles. (ix) Whether the disposal of muddamal is made promptly. (x) Whether proper care for the safe custody of the valuable articles is taken. (xi) Whether muddamal is checked by the Magistrate from time to time, as per instructions in this Manual. (xii) Whether the fine register is maintained in the prescribed form and whether it is properly filled in and initialled by the Magistrate. (xiii) Whether intimation about payment of fines received on behalf of prisoners is promptly given to the jailor in the prescribed form. (xiv) Whether the person paying a fine or compensation is given receipt in the prescribed form and whether the receipt and the counterfoil are signed by the Nazir, Senior Clerk or Sheristedar, as the case may be, and where there is no post of Nazir or Senior Clerk, by the Magistrate. (xv) Whether refunds of fines ordered by the appellate or revisional Courts are given promptly. (xvi) Whether the diet and road allowances are paid according to the scales prescribed by the Government and whether proper vouchers are obtained, whenever necessary. (xvii) Whether receipts have been duly taken in the remarks column of the register or attached thereto from persons receiving payments of compensation or subsistence allowance or any other money. (xviii) Whether a statement of fines realised during the month is sent to the Treasury Officer in Treasury form No. 66-E and whether the statement is returned verified by the Treasury Officer. (xix) Whether the process register is properly maintained and the instructions contained in this Manual are properly followed. (xx) Whether the register of copying fees is properly maintained and the rules given in this Manual are followed. (xxi) Whether the stationery is properly kept and whether its accounts are properly maintained. (xxii) Whether the forms are kept and arranged properly and whether proper accounts of the forms are maintained. (xxiii) Whether service stamps account and ordinary stamp account are duly kept. (xxiv) Whether applications received with ordinary postage stamps are duly accounted for or not. (xxv) Whether the other prescribed registers are maintained and whether they are regularly and properly written. (xxvi) Whether the files of Government Resolutions, etc. and files of miscellaneous papers are properly kept.