Criminal

Records of Prosecutors under UP Prosecution Manual

DMR

Directorate of Prosecution came into existence in 1980. In 1974 Appointment of APPRegulations 1974 was framed. In 1991 UP Prosecuting Officers Service Regulations 1991prepared to govern appointment Service conditions etc. of Prosecutors.
  1. Prosecutors’Court Diary
  2. Witness Register
  3. Malkhana Register
  4. Absconder Register
  5. Court Moharrir Inspection Register
  6. ACquittals Report Register for both Lower/Sessions Court

BULLET 2Prosecution of State cases instituted other than police Report:
(1) The Asstt. Prosecuting Officer/Prosecuting Officer shall conduct prosecution of  those State cases in which complaint/Challani report is required to be filed in any Court by Public Servant under any Code or enactment such as:
(a) Prevention of Food Adulteration Act.
(b) Indian Forest Act.
(c) Weight and Measurement Act(d) Shop Act.
(e) Labour Act.(f) U.P.Excise Act.
(g) Drug and Cosmetics Act
(h) Prenatal Diagnostic Technique (Regulation and Prevention of Misuse) Act, 1994; or
(i) Any other Act in which there is such provision for filing of complaint by PublicServant.
(2) The provisions regarding prosecution of State cases by the Prosecutor contained hereinbefore shall also apply mutates mutandis to the prosecution of complaint cases

 

BULLET 2Custody and disposal of property:

(1) The movable property seized by the police/seizing authority (Sec.457 CrPC) and which is the subject matter of offence, shall be kept in Sadar Malkhana and necessary entries in respect thereof will be made in the registers as prescribed in Chapter XIV of the Police Regulations.
(2) The valuable movable properties seized by the police/seizing authority under Sec.457CrPC like gold, ornaments and cash exceeding rupees one thousand shall be kept in Treasury in safe custody and one key thereof will be kept with the senior most Prosecuting Officer who will be theIn-charge of this double lock and will be responsible for its production in the concerned court on the date when its production is required by the court or the Prosecutor concerned.
(3) When application for release of the property in respect of which an offence is committed and the same is seized by the police and its seizure is reported by the police or seizing authority to the court under Sec.457 Code of Criminal Procedure, the Prosecutor will oppose the release of the said property, if in his opinion the release of such property will adversely affect successful prosecution.
(4) When the property is released in favour of the person entitled to its possession, the prosecutor may ask the court to pass necessary orders for making good the expenses incurred by the police/seizing authority in maintaining and up-keeping of such properties during the period it remained in police/seizing authority’s custody.
(5) When the case is finally disposed off then after expiry of period of appeal, if any, the case properties kept in the Sadar Malkhana will be disposed off as per direction is given in the judgment of the concerned case. In case no such direction is given in judgment the Prosecutor should obtain necessary directions in this behalf by the court concerned. The case properties seized under the arms Act and are kept in the Sadar Malkhana will be disposed off as per directions contained in the circular letters made in this behalf time to time by the competent authority.
(6) The Prosecutor will also ensure that information regarding decision of the cases is sent to the Police Station/Department concerned so that the case properties kept in the Malkhana of the Police Stations are also disposed off in accordance with the directions given hereinbefore or prescribed in this behalf.