Section 164 in Criminal Court Rules of the High Court of Judicature at Patna
164.
The following instructions should be observed in transmitting records from one Court to another:-(a)If the two courts are situated in the same station, the record should be despatched by hand properly packed with a peon book in which a serial number and date should be entered, and the signature of the recipient should be taken. The serial number and date appearing in the peon book should be reproduced in the remarks column of the register of records removed. If the requisitioning Court is situated in a different station, records should be sent by parcel post, the postage being paid by means of service stamps.(b)Records relating to different cases may, if not inconvenient, be packed in the same parcel provided such records are separately tied up.(c)In the parcel containing a record should be enclosed a forwarding letter, and the cover of the parcel should bear the distinguishing number and date of that letter.(d)A letter of advice should be forwarded simultaneously with the despatch of the parcel by post but separately and by ordinary letter post, and in it the number and date of the forwarding letter referred to in the proceeding clause should be quoted.(e)An acknowledgement should invariably be required from the Court lo which a parcel containing a record has been sent, and in the event of none being received within a reasonable time, enquiry should be made to ascertain the cause.Note 1 - For forms of covering letter and of letter advising despatch of records, see Forms Nos. (M) 24 and (M) 25, Volume II.Note 2 - For cost of transmission of records to Civil Courts at the instance of a party, see rule 195, Part V. post.[164A [Inserted by C.S. No. 12. and renumbered as 164-A by C. S. No. 61.]No requisition made under the provisions of Order XIII, Rule 10 of the Code of Civil Procedure, by a Court Subordinate to any of the High Courts other than the 'High Court at Patna for production of the record of a case appertaining to, and in the custody of, a Court sub-ordinate to the 'High Court at Patna should be complied with unless such requisition is transmitted through the 'High Court at Patna and is accompanied by copy of the affidavit referred to in the rule above quoted together with a duly certified translation into English if such affidavit [be not in Hindi]],Note - The above procedure will apply when a Criminal Court subordinate to the 'High Court at Patna calls for a record appertaining to and in the custody of any other High Court or Court subordinate thereto.
