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State of Madhya Pradesh - Section

Section 10 in Criminal Courts - Rules and Orders

10.

(1)Subject to the instructions in the preceding rules, State cases ready for hearing at the commencement of the day should ordinarily have precedence over other cases except those which are actually in progress of trial and are standing over from the previous day. State cases received during the day should, as far as possible, be given precedence, but presiding officer should not break off a trial in which he is actually engaged at the time in order to take up a state case. Subject to the above directions, Courts, in deciding what cases should have precedence in the day's procedure, should consider the advisability of giving precedence to cases in which parties and witnesses come from a distance.
(2)The following instructions shall be followed in making entries in the Judicial diary prescribed under Rule 570:-
(i)Each case fixed for any day shall be entered in advance immediately upon a date or adjourned date being fixed, such entry showing the purpose for which it is set down on each date. The cases should be classified in such a manner to show at a glance the nature of work fixed for the particular day. The classification might be-
A. Summary CasesB. Regular Cases
(i)For first hearing.
(ii)For evidence.
(iii)For delivery of judgement or order.
C. Miscellaneous
(i)For first hearing.
(ii)For evidence.
(iii)The progress made in each case during the day shall, immediately the hearing concludes, be briefly noted in the third column by the Judge-Magistrate or by the Court Reader as may be found convenient. The hours between which evidence was recorded and the number of witnesses examined should be noted in the second and the third columns, respectively, against each case.
(iv)On no account should any page of the diary be tom or any entry erased. Necessary corrections should be made in red ink.
(v)The diary shall be placed on the Judge-Magistrate's table as soon as the Court opens. The Judge-Magistrate shall, with his own hand, enter the time of sitting and rising and shall also record a brief note of explanation for late sitting or early rising. The diary shall be signed by the Magistrate every day after careful scrutiny when the entries therein are complete.
(vi)When full, the diary shall be retained in Court and destroyed after two years from the date of the last entry therein.