Gujarat High Court Criminal Manual (subordinate court practice), 1977
A Sessions Judge before leaving his division and a District Magistrate before leaving his district on transfer or otherwise, towards the end of the year, shall place on record for the information of his successor and for the purpose of the annual report a minute embodying any points which he would have noticed in the annual report had he stayed on in the end of the year. on the dormant file, if the Magistrate, after two attempts of service, is of the opinion that it will not be possible to secure the attendance of the accused within a reasonable time. (2) A separate register shall be maintained in the form given below showing all cases which are put on the dormant file. DORMANT FILE REGISTER Sr. No. | Case No. | Date on which put on dormant file. | Reasons for keeping on dormant file. | Date on which warrants and summonses were received after keeping cases on dormant file. 1 | 2 | 3 | 4 | 5 Date when the case is received | Date on which transferred to record room | Date when papers destroyed | Remarks 6 | 7 | 8 | 9 (3) The cases put on the dormant file shall be transferred to the record room six months after the date on which they are kept on the dormant file, Whether the rent bill of the place of business stands in the Surety's name : (C) Name and address of the employer, if the Surety is in service : Full address of the place of service. Amount of monthly pay and allowances drawn; Length of service with the employer Amount of Provident Fund; if any, at Surety's credit. (D) Full particulars of house property owned, if any, its location, rateable value, and the Surety's share or interest therein, and whether it is in any way encumbered. (E) Amount of income-tax paid during each of the last three years : Banking accounts, if any : Amounts now lying in each Banking account : (F) Length of time for which the Surety has known the Accused personally. Whether the surety is related to the Accused, if so, how? Whether the Surety has stood surety for any other person in the preceding six months. If so, state the names of the parties; the amount for which the Surety has stood surety for them; the Court and the number of the case against those accused; and whether the case or cases against those persons are pending or have concluded; Whether the Surety has, at any time, made an application for surety ship which was rejected if so give the particulars thereof; Whether the Surety is (or has been) involved in any Civil litigation. Whether the Surety himself has been concerned in any case as an accused person, if so give particulars of the case. (G) Any other particulars in regard to the status of the Surety or his income and assets, which the Surety may desire to give : (3) I produce the following proof in support of my statements and give particulars of the same as below :— (Rent bills of place of residence) (Ration Card) (Rent bills of place of business) (Deed of partnership or other documents relating to business) (Certificate from the employer) (Certificate of amount in the Provident Fund) (Title Deeds of properties) (Municipal bills of the Properties) (Bank pass books) (Income-tax payment receipts) (Other proof) (4) I pray that I may be accepted as a Surety for the abovementioned accused in the sum of Rs. _______ (in words) Solemnly affirmed at _______ this _______ day _______ of 19_______. (Signature of Surety) (Identified by _______ Advocate) Before me Judge/Magistrate, Court આજીવનકારને નોટીસ િી. પ્રો. કોડ ક. ૪૪૬. ી. કેસ નંબર...........સુને ૧૮......... (ી. પ્રો. કોડ ક. ૪૪૬ મુજબ જાણીદારને નોટીસ) માતેરોભાં ચોસાલાં ૬૭૬/૬૭૧બીયોપyal મેજેસ્ટી ફોર્ટ ફવાસ સાલેબનો કોર્ટમાં. મુક્રેમ આ દરખાસ્ત તમે..................................................................રહેવાસો............................................ને નજીવલવાર્દ ૨ નંગ આ કોટર્ટમાં તમેનતમદાર.......................................ના. ધ. પો. કો. ક. મુજબ તારીખે........................૮૮...............................ના રોજ પુષ્પીયા.....................ના જાણી થયેલા અને સાચું તમેનમદારને છટકે ધુરતે સોસલાન ૬૭૬/૬૭૧. મે. ક. ક. સાલેબનો કોર્ટમાં તાબર સાલમાં તમે બંધાયેલા પર્યુ મેજર્સ તમેનમતદાર ત.................................૯....................ના રોજ ચોરી ખેલાય લીધો ાણીમાં એવજાણમાં આર ૬ કે સચર્બ જણાલ ખનતી સામે તારીખ.............................ના રોજ ૧૧.૦૦ વાગે ના સોસલાન ૬૭૬/૬૭. મે. ક. ક. ની કોટર સાલેબનો કોર્ટમાં રુબુ તાબર ધુલ તેમ કરવામાં સ્ફુર કરશો તો તમાર્ટ જાણી ખત ૨૬ કરી સચર્બ ખનતી રક્મ પુષ્પીયા તગતી પાસેલો વશુલ કરશો રોગ પુષજાર્દ ભરણમાં આવશે. આજ તારીખે................'પાતે..................................................................સુને ૧૮......... He replies:— The accused is informed that he is given....................hours for reflection. He is further informed that he is kept in Magisterial custody and not in Police custody, and is accordingly remanded to Magisterial custody. II (5) The accused is brought before me again on..............at....................a.m./p.m.............in custody of............ I have satisfied myself that there is no Policeman in the Court or in any place where the proceedings would be seen or heard except such armed police, not concerned in the investigation, as are necessary to guard the accused. (6) In order to ascertain that the confession is voluntary the Magistrate should ask a question to the accused as to whether the confession is voluntarily made and whether it is made on advice of any one. If he says that it is on advice, further relevant enquiry should be made. The answer to the question should be recorded. (7) The accused is asked details as to the length of time during which and the place where he has been in custody or surveillance of the Police. He replies as follows :— "I was arrested (place under surveillance) at....................(state time in accused's own language).................a. m./p. m., on...................village/in the town of/City.........................on....................I was taken to (give place, time and day)....................at....................I was sent to you from (insert time in accused's own language; place and day)...................................at.........................on..................." (8) Under clauses (iv), (vi), (x) and (xi) of paragraph 34 of Chapter II of the Criminal Manual, the accused is examined as follows in order to ascertain whether he is disposed to make a confession of his own free will :— (9) The accused after his confession has been recorded by me is remanded to Police custody at/forwarded to the sub-jail.