Section 163 in Criminal Court Rules of the High Court of Judicature at Patna
163.
(a)[Sessions Judges should give every facility to Executive Magistrates and Gazetted Police Officers authorised by the District Magistrates and Superintendent of Police concerned for inspecting the records of cases of the Courts of Sessions, care being taken that no record is removed from the Judges' Record Room.] [Substituted by C.S. No. 60.] Copies of the judgment and order, when required by the District Magistrate, shall be prepared by the Copying Establishment of the Sessions Judge and, if possible, should be type-written. (For rates to be charged for such copies, see rule 192 (a) of Part V, post). [G.L. 2/39.](b)Copies of papers other than those specified above, which are required by the District Magistrate, should be prepared by a clerk of the [District] [Substituted by C.S. No. 60.] Magistrate's office deputed to the Judge's office for that purpose. Such copies are to be used only for the information and guidance of [Executive Magistrates] [Substituted by C.S. No. 60.] [x x x x] [Deleted by C.S. No. 60.] who are not at liberty to cavil at the judgment of the Sessions Court or enter into any discussion with the Judge upon its merits.[Note - The same procedure should be followed in respect of copies supplied free of cost from the records of the Courts of the Judicial [x x x x] [Inserted by C.S. No. 7.] Magistrates and also when a copy is required by any public officer referred to in Rule 188, at page 71.]How Records should be transmitted from one Court to another 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 to 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. No requisition made under the provisions of Order XIII, Rule 10 of the Code of Civil Procedure, by a Court sub-ordinate 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 subordinate 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] [Inserted by C.S. No. 12, and renumbered as 164A by C.S. No. 61.].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.]
