REPORT OF ANNUAL INSPECTION OF THE COURT OF JUDICIAL MAGISTRATE, 2nd COURT, BARASAT, NORTH 24 PARGANAS FOR THE YEAR

2009
As per rule 470(2) of the Criminal Rules and Orders of the Hon'ble High Court, Calcutta, as presiding officer of the court I have inspected my court on 27/04/2010 and 28/04/2010. Names of staffs as attached to the court are as follows: 1) Sri Tapas Dey: B.C. I joined on 01/09/2009 forenoon. 2) Asit Pal: B.C. II joined on 01/3/2008 forenoon. 3) Prabir Mukherjee: Peon since 1998 The following registers were inspected by me during inspection: 1) Trial Register: This register is maintained to record the entries of cases as received for trial and inquiry and to record the disposal notes. For the sake of convenience and in terms of C.R.R.O. separate trial registers are maintained for i) police cases (G.R. Cases and N.G.R Cases), ii) Maintenance Cases (U/S 125 Cr. PC), iii) Complaint Cases (Cases u/s 138 N.I. Act, Cases u/s 12 of P.W.D.V. Act and cases lodged u/s 200 Cr. P.C.). Separate trial registers are maintained for cases u/s 138 N.I. Act, Cases u/s 12 of P.W.D.V. Act and cases lodged u/s 200 Cr. P.C. Except the trial register for recording Complaint Cases u/s 200 Cr. P.C. none of the other registers are maintained in proper forms, due to non-supply of forms.

During inspection I found that for the year 2009 the following number of cases were received by this Court, which are given below category wise:i) Police Cases (G.R. Cases and N.G.R. Cases) 1128; ii) Maintenance Cases (U/S 125 Cr. PC) 159; iii) Complaint Cases: 1. Cases u/s 138 N.I. Act- 60; 2. Cases u/s 12 of D.V. Act 107; and 3. Cases lodged u/s 200 Cr. P.C. 55. During inspection I took up the sample disposed records for the year 2009 and found that the detailed entry against the cases bearing number G.R. - 1492/09, G.R. - 940/08, C 930/08, C 1830/09 (u/s 200 Cr. P.C.), C 55/09 (u/s 12 of P.W.D.V. Act), C 31/09 (u/s 12 of P.W.D.V. Act), M 241/09 and M 17/09 were not properly entered. B.C. II is directed to cure such defects and be more vigilant in properly recording the entries. Entries against disposed of records has not been found entered. I personally cured the defects. Moreover I found the results against the appeals and revisions are not found recorded. B.C. I is directed to comply this direction. In other respects the Trial Registers are being properly maintained. 2) Court Diary: It has been maintained in manuscripts due to nonsupply of forms. For the year 2009 the Court Diary was maintained in three registers. The first register being for the period 02/01/2009 to 04/05/2009. the second register being for the period 05/05/2009 to

05/12/2009. the third register being for the period 07/12/2009 to 31/12/2009. During inspection it is found that the matter C 703/09 put up on 05/09/2009, C 238/87 put up on 06/08/2009, and C 237/84 put up on 17/03/2009 has not been shown forwarded. In the Diary the daily number of petitions filed are not been recorded. Other entries are also not properly being entered. B.C. I is directed to comply. 3) Cause List: The cause list has been maintained in proper form and is regularly maintained. On inspection I found that the case bearing number C 238/87 which was posted against 06/08/2009, G.R. 1545/06 was posted against 18/02/2009, M.Ex. 124/06 posted against 19/02/2009 and C 237/84 posted against 17/03/2009 was not shown forwarded with respective dates. B.C. I is directed to immediately rectify the said irregularities and inform the Ld. Advocates for the parties. 4) Register of Warrant of Imprisonment: This register is maintained in manuscripts. On inspection I found that in total 52 entries have been made for the year 20098. However column wise information are not being maintained. B.C. II is directed to immediately rectify the irregularities. 5) Register of Process: This register is also maintained in manuscripts due to non-supply of printed forms. However the register is being properly maintained with column wise information. In the year 2009, 1808 processes were issued. However notes against the execution of processes are not being maintained. B. C. II is directed to comply the same strictly. 3

6)

Witness

Register:

This

register

is

also

maintained

in

manuscripts. The register is not being properly maintained. In the year 2009, 696 witnesses were examined. B.C. I is strictly directed to maintain the register in proper form. 7) Register of petitions and Court fees: This register is maintained in proper form but entries are not being made properly in the columns given. On inspection I found that for the year 2009 total court fees realized is Rs. 29,075/-. Court fees are not found punched. B.C. I is strictly directed to punch all court fees hence forth. B.C. I is also directed to record the entries in columns properly. I took up the records being numbers: i) C- 939/09 and ii) M- 417/06 and found the petition fees and process fees deposited against the petitions filed in the said cases on 02/12/2009 and 05/11/2009 respectively to be correctly entered. 8) Register of Misc. Cases: This register is also maintained in manuscript. Column wise information have not been recorded in the register. For the year 2009, in total 13 cases (u/s 127 of Cr. P.C. and u/s 126 of Cr. P.C.) have been filed. B.C. II is directed to maintain the register in proper form and record all entries properly. 9) Register of Misc. Execution Cases (U/s 125 (3) of Cr. P.C.): This register is also maintained in manuscript. Column wise information have not been properly recorded. For the year 2009, in total 174 cases u/s 125 (3) of Cr. PC was filed in this court. B.C. II is directed to maintain the register in proper form and make detailed entries column wise. 10) Register of Cases U/s 138 of NI Act: This register is also maintained in manuscript. Column wise information has not been 4

properly recorded. In the year 2009, 60 cases has been filed u/s 138 of NI Act. B.C. II is directed to maintain the register in proper form and make detailed entries column wise. 11) Register of Complaint Cases (U/s 200 of Cr. P.C.): This register is maintained in proper form. For the year 2009, 155 cases has been instituted. During inspection it is found that final order and date has been not entered. B.C. II is directed to enter column wise entries. 12) Register of Cases U/s 12 of P.W.D.V. Act: This register is also maintained in manuscript. Column wise information has not been properly recorded. In the year 2009, 107 cases has been filed u/s 12 of P.W.D.V. Act. B.C. II is directed to maintain the register in proper form and make detailed entries column wise. 13) Peon Book: The peon book is maintained in printed form. Last entry was made in the peon book on 31/12/2009. Expect for name of peon all entries have been made. 14) Register of Letters Issued: This register was maintained in printed form from 02/01/2009 to 18/12/2009. From 19/12/2009 to 31/12/2009 the Register is being maintained in manuscript. In this register information regarding letters sent from this Court, records sent to higher courts and other correspondences made by this Court are recorded. In all 172 entries have been made for the year 2009. Column wise information has not been properly recorded. B.C. II is directed to maintain the register in proper form and make detailed entries column wise.

15) Register for sending records to the Copying Department: This register is maintained in manuscript. All columns are not maintained. For the year 2009, 632 petitions were received for getting copies. 16) Register of Information: This register is maintained in manuscript. All columns are not maintained. For the year 2009, 43 information were delivered to the applicants. 17) Duty Cards: The duty cards of the staffs and attendance are maintained in the office of the Ld. C.J.M. 18) Register of Affidavits: This register is maintained in

manuscript. Column wise information is not recorded. For the year 2009, 5,046 affidavits were sworn before this court. B.C. I is directed to maintain the register in proper form. 19) Fine Books: Fine books are maintained properly. During inspection I verified the case records mentioned below and found the same to be correct. Case no (NGR) i) 499/09 ii) 581/09 iii) 1388/09 iv) 1156/09 Remarks When I joined this Court I found that the disposed records were lying in the courtroom in piles. There is lack of space for keeping the records. The records are lying in insecure and pitiable conditions. Due to shortage of almirah records lying on the floor and Dates 23/09/2009 13/07/2009 24/08/2009 10/08/2009

in ejlash. Two/three almirahs are urgently required for safe custody of the records. There are records that do not have any proper cover. 8,237 [Cases under IPC 7,388; Misc. cases u/s. 125, 126, 127 Cr. P.C. 693; Misc. Case u/s. 446 Cr. P. C. 44; Misc. Execution Cases u/s 125(3) of CrPC 112] cases are pending in this Court. There are insufficient sitting arrangements for the lawyers and litigants. The work of B.C. I & of B.C. II is more or less satisfactory. Due to huge number of the pending cases in this court B.C.'s are unable to issue summons, W/A, notices etc. Another staff is required for issuing summons, W/A, complying courts order etc. as huge number of cases are pending in this court. The peon attached to my court is still suffering from psychological problems. Of late he has again become irregular. He comes to the office on those days when his wife accompanies him to the office. He sits idle most of the time and is inattentive. As a consequence it has become difficult to preside the Court in an efficient manner. On inspection I further found that there are many Registers which are required to be maintained as per C.R.R.O. but are not being maintained due to non supply of forms and stationary. I have directed both the B.C.'s to immediately start maintaining all Registers in accordance with C.R.R.O.