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State of Uttar Pradesh - Section

Section 139 in The General Rules (Criminal), 1977

139. Inspection in Magistrate's Court.

- For any inspection, other than one made under Rule 137 of a record in a Magistrate's Court or record-room a verbal application may be made on any Court day within the first four working hours to the Court or the officer-in-charge of the record-room. If such officer rejects such application, he shall record his order and the reason therefor. If such application be granted, the reader or record-keeper shall make an entry of the inspection in an inspection register in the prescribed Form No. 6. (Part IX, No. 44); and shall cause to be affixed in Column 5 by the applicant a court-fee stamp of the value of [fifty paise] [Substituted by Notification No. 699/VII-F-98, dated 6th November, 1981, published in U. P. Gazette, Part II, dated 16th March, 1982, page 6.] if he be a party to the case or such party's pleader, and of [one] [Substituted by Notification No. 699/VII-F-98, dated 6th November, 1981, published in U. P. Gazette, Part II, dated 16th March, 1982, page 6.] rupee in any other case.Such applicant shall make his inspection in the presence of the munsarim, reader or of the record keeper or his assistant, and at such place and between such hours as may be appointed for the purpose by the Court or by the officer-in-charge of the record-room but not in the record-room itself. He shall not be allowed - (i) to have with him or to use any pen or ink, (ii) to remove any record from the place of inspection or (iii) to make any mark, upon, or in any respect to mutilate the record or paper which is being inspected. He may, if he so desires make fall copies in pencil of any papers that he is inspecting. A separate fee shall be levied for each record inspected ; if the inspection lasts for more than one day a separate fee shall be levied for each day or part of a day occupied in the inspection.Where a party to a case applies that any record, book, or register, or set of books or registers be sent for and inspected during the hearing of the case, the applicant shall, on the application being granted, pay into Court a court-fee stamp of the value of one rupee for each such record, book, or register or set of books or registers. If, for any reason, such record, book or register is not sent for inspection, the applicant shall be entitled to a refund of the inspection fee paid under this clause, less [6 paise] [Substituted by Notification No. 699/VII-F-98, dated 6th November, 1981, published in U. P. Gazette, Part II, dated 16th March, 1982, page 6.] in a rupee, provided he applies for such refund within three months from the date of order granting the application for inspection.Refund of inspection fees under this rule shall be made by a certificate for refund in the form prescribed in similar cases for Civil Courts granted by the Court to the person entitled to such refund authorising him to receive from the Collector the amount therein specified.Before any refund of inspection fees is made, there shall be an order of the Court on an application bearing an officer report, or on an office report. The Presiding Officer shall, with his own hand, note in figures the amount to be refunded, and the officer shall refer to such order before signing the certificate for refund.