Gujarat High Court Criminal Manual (subordinate court practice), 1977
Monthly Return in Form A-1 of the work disposed of and remaining in the Court of the Civil Judge (S.D.) and J.M.F.C., should be submitted by the Civil Judge (S.D.) and Judicial Magistrate, First Class and the monthly Return in Form No. A-2 of the work disposed of and remaining in the Court of the Civil Judge (J.D.) and Judicial Magistrate, First Class, and in the Court of the Judge (J.D.) and Judicial Magistrate, First Class, should be submitted by the Civil Judge (J.D.) & J.M.F.C., and by the Judicial Magistrate, First Class. The Civil Judge (S.D.) & J.M.F.C., and by the Judicial Magistrate, First Class, should submit the Returns in the prescribed forms viz. A-1 and A-2 respectively to the Sessions Judge before 5th of the month. In case, any Judicial Magistrate desires to submit any remarks in a particular month regarding his out-turn of work, he may submit the same to the Sessions Judge alongwith the Monthly Returns and the Sessions Judge should forward the Judge alongwith his remarks thereon in accordance with paragraph 460. The Sessions Judge or the Chief Metropolitan Magistrate, as the case may be, should scrutinise the Returns and forward to the High Court not later than 15th of the month. The Sessions Judge or the Chief Metropolitan Magistrate, should express his opinion as to the adequacy or otherwise of the disposal of each Magistrate. The Sessions Judge should forward a consolidated Return of the work done by the Civil Judges and the Judicial Magistrates, to the High Court before 15th of the following month of each quarter, in accordance with paragraph 455. The Chief Metropolitan Magistrate should forward a consolidated Return in Form-2 of the work done by the Metropolitan Magistrates to the High Court before 15th of the following month of each quarter, in accordance with paragraph 453. The Sessions Judge or the Chief Metropolitan Magistrate, as the case may be, should scrutinise the Returns on the following lines and issue suitable instructions to the Magistrates respectively working under them:— 1 (a) Whether the out-turn of a particular Magistrate is adequate or not according to the standard. Where a Magistrate is working at more than one place, his overall disposal during the month irrespective of the Courts and the work attended to by him, should be taken into account, while assessing his work. (b) Whether any progress is being made in the disposal of the old cases. (c) The Sessions Judge or the Chief Metropolitan Magistrate, as the case may be, should keep a proper watch over the Judicial dispatch of the Judicial Officers working under them, respectively and see whether they are keeping pace with the institution, whether they are disposing of the old and presumably with the institution, whether they are disposing of lighter cases and whether they have done the work normally expected of them in those Courts during the period of review. II. The Sessions Judge should consider from time to time and particularly at the time of the scrutiny of the Monthly Returns, in which Courts assistance is required, and from which Courts in his District, Judges would be spared and make proposals, if any, to the High Court. III. The period of sittings at linked Courts should be reviewed by the Sessions Judge periodically and he should make proposals, if any, to the High Court in that behalf. While forwarding the Returns of the Subordinate Courts, the Sessions Judge or the Chief Metropolitan Magistrate, as the case may be, should inter alia, mention the following points in their covering letter:— (a) about adequacy or otherwise of the out-turn of the work of the Judicial Officers; (b) whether explanation, to his satisfaction, is given by the Judicial Officer concerned in respect of his out-turn or work which is apparently inadequate; (c) whether the Judicial Officer is making his best efforts to hear old cases according to their duration; (d) whether necessary instructions about giving priority to old cases have been issued by them to the Judicial Officer; (e) whether, in their opinion, the Judicial Officers are complying with the instructions issued by them and in case of non-compliance, the reasons therefor as ascertained from the Judicial Officers concerned. The following instructions should be carefully observed in the submission of the Returns in Form A-1 & A-2:— (a) Instructions given in the foot notes of the Form should be carefully observed. (b) The name of the Judicial Officer should be mentioned along with his designation. (c) If a Judicial Officer is transferred, is on deputation, or is on leave, a note about the same should be made in the Return against his name. (d) The name of the Judicial Officer on deputation and his disposals while on deputation should be shown against the Court where he was working on deputation. His disposals in his original Court should be shown against that Court. (e) In the case of link Courts or Circuit Courts, the information in respect of each Court should be furnished separately. (f) I.P.C. Cases tried summarily should be included in the col. of the cases triable summarily and the figures of such cases tried summarily should be shown in the remarks column. (g) If the Criminal cases shown as disposed of otherwise than by judgment include any cases disposed of as such after recording evidence the figure of such cases should be shown in the bracket below the total figure of cases disposed of otherwise than by judgment in the relevant column. (h) In Col. 16 of the Return in Forms A-1 & A-2, the total number of Criminal cases including effective and non-effective cases pending at the beginning of the month should be shown and the total of non-effective cases such as cases in abeyance file, cases which are stayed and cases in which accuse are absconding, if any, pending at the end of the month should be shown in the remarks column against respective categories of Criminal Cases.