Procedure to be followed by the Magistrate committing an accused to the Sessions Court – A Magistrate, while committing the accused to the Court of Sessions, under Section 209 of the Code of Criminal Procedure, shall supply to the accused copies of police reports and other documents as required under Sections 207 and 208 of the Criminal Procedure Code on proper receipt. All the commitment records of the Magistrate should also be sent to the Sessions Court immediately for being tagged on with the records of the sessions trial and the Sessions Judge after final disposal of the case, should consign those papers to the Record Room along with the Sessions case record for preservation and destruction with the sessions case record as per the rules prescribed. The Committing Magistrate shall also supply to the Public Prosecutor and the State Defence Lawyer, if any, a brief of the case records which shall consist of the following : –
(a) The report of the Police Officer of the complaint.
(b) The First Information Report recorded under Section 154 of the Criminal Procedure Code or the complaint petition.
(c) Statements recorded under Sub-section (3) of Section 161 of the Criminal Procedure Code of all persons cited as witnesses in the charge-sheet or the statements recorded under Section 200 or 202 of the Criminal Procedure Code of all persons examined by the Magistrate.
(d) The confession and statements, if any, recorded under Section 164, Cr.P.c.
(e) Seizure List.
(f) Spot Map.
(g) Inquest Report.
(h) Post-mortem certificate or injury certificate
(i) Dead body chalan.
(j) Command certificate.
(k) Letter forwarding articles to the Chemical Examiner.
(l) Report of the Chemical Examiner and seizure list.
(m)T.I parade report.
The Committing Magistrate while committing the accused to the Court of Session under Section 209, Criminal Procedure Code, will fix a date on which the accused will appear in the Court of Session and
will obtain a personal bond from the accused whom he releases on bail.
On the accused appearing the Sessions Judge will decide whether the case will be retained in his Court or will be transferred to the Court of additional/Assistant Sessions Judge and fix the date for appearance of the accused before the said Court.
Cases committed to the Court of Session shall be entered in the Register of sessions cases.
THE HIGH COURT OF ORISSA
GENERAL RULES AND
VOL. – I