Section 255 in Criminal Rules of Practice and Circular Orders, 1990
255. Points to be noticed in exercising Supervision:
- Sessions Judges and Chief Judicial Magistrates are directed to note the following points in particular while exercising their power of supervision.(a)Rash issue of process to the accused, judicious and indiscriminate use of the provisions of Sections 203 and 245 of the Code.(b)Dealing with disputed claims of Civil right under colour of Criminal charges.(c)The imposition of heavy fine in addition to imprisonment in default of payment, the term of imprisonment being beyond the ordinary powers of the Magistrates to inflict.(d)Indiscriminate extensions of grant of time for the payment of fine without regard to the principles laid down in Section 424 of the Code.(e)Excessive sentences of imprisonment out of all reasonable proportion to the offences of which accused has been convicted.(f)Failure to make judicious use of the provisions of Section 360 of the Code, Probation of Offenders Act, Children Act, the Borstal Schools Act.(g)Light punishment for offences requiring severe sentences with special reference to cases which should have been submitted by the Subordinate Magistrates to the Superior Court for higher punishment.(h)Exaction of excessive bail or excessive security for keeping the peace or for good behaviour.(i)Avoidable delay and adjournment at any stage of the trial of the cases and strict adherence to the provisions of Section 309 Cr.P.C.(j)Needless adverse remarks in Judgment against public servants.Inspection of Courts
