100. Explanation of officer reported on to be submitted.
- When the Court of Sessions or the District Magistrate, on examining the record of any proceeding, thinks fit to report for the orders of the High Court the result of such examination, then, except in a case in which delay should be avoided, the explanation of the officer whose proceedings have been examined shall also be called for such explanation should be couched in respectful language and confined to matters which need explanation or clarification.The report shall contain a brief analysis of the proceeding, shall indicate the portion of the finding, sentence or order recommended for revision and shall slate the grounds upon which, in the opinion of the Court making the report, the finding, sentence or order should be reversed, set aside or modified. It shall be submitted to the High Court along with the record and the explanation of the Magistrate, if any.When such report is made by the District Magistrate, he shall send it through the Court of Session. If the case be one in which an appeal lies to the Court of Session, such report shall not be made until the period of limitation for an appeal has expired. The Sessions Judge shall while forwarding the report and the record, state-(1)whether an appeal has been presented, and, if so, with what result; and(2)whether the period of limitation for an appeal has expired.
