Thane Court Inspection Report 2019
Thane Court Inspection Report 2019
Subject : Inspection Report of the Court of the 2nd Jt. Civil Judge, J.D.
& J.M.F.C., Vashi, recorded during the period from 23.09.2019 to
05.10.2019 covering the period from 01.03.2016 to 31.08.2019.
Submitting the report in connection with ...
Sir,
With reference to the subject noted above, I have to state that the Court of the 2nd Jt. Civil
Judge, J.D. & J.M.F.C., Vashi is inspected during the period from 23.09.2019 to 05.10.2019. The
covering period of inspection is from 01.03.2016 to 31.08.2019.
The report of inspection is submitted as under :
1. Date of Inspection : 23.09.2019
CIVIL
Total 02
CRIMINAL
Domestic Violence 04
Act
Criminal M.A. 12
R.C.C. 70
Other Regular 01
I.P.C. Summary 90
Bom. Prohibition 06
Act.
Other Summary 06
Summary Cases 06
Other
Summary Other 38
Total 425
( N. R. Borkar)
Principal District & Sessions Judge,
Thane
Encl. : As above.
Replies to the Questionnaire upon the Inspection of the Court of the 2nd Jt. Civil Judge, J.D. & J.M.F.C.,
Vashi (Smt. D.D.Kolapkar) made by the Principal District and Sessions Judge, Thane (Shri N. R. Borkar)
during the period from 23.09.2019 to 05.10.2019, covering the period from 01.03.2016 to 31.08.2019.
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JUDICIAL WORKING AND PROCEDURE
1. : Whether the Judicial Magistrate begins her work punctually at the prescribed hours
and whether she observes regular hours of working ?
Ans. : Yes.
2. : Whether any complaint was received regarding attendance and/or sitting in Court of
the Judicial Magistrate ?
Ans. : Yes.
5. : Whether the Judicial Magistrate conducts herself satisfactorily while hearing cases ?
Ans. : Yes.
6. : Whether the Judicial Magistrate fixes the dates personally in an open Court or she
leaves this work to the Bench Clerk ?
Ans. : The Judicial Magistrate fixes the date personally in an open Court.
8. : Whether the Judicial Magistrate physically verifies all the pending Cases with
reference to the balance sheet at the end of each month before submitting the monthly return
?
: 2 :
Ans. : Balance sheet is not prepared regularly and no endorsement to that effect is
finds place on the balance sheet which is produced for inspection. Necessary directions are
issued to the Presiding Officer in this behalf.
Ans. : No. Necessary directions are issued to the concerned Bench Clerk and Presiding
Officer in this behalf.
COURT BUILDING
10. : Whether the Court rooms and other rooms in the Court building and compound of
the Court are maintained in clean and tidy condition ?
Ans. : This Court is attached to the Court of C.J.J.D. & J.M.F.C., Vashi for the purpose
of Court Building. However, the rooms provided to this Court are found clean and tidy in
general.
STATE OF FILE
11. : The number of criminal cases pending below 06 months over 09 months and over 12
months as on the first day of the month in which inspection of the Court is under taken ?
Ans. : Answer of this question is given in the High Court Report of this Court at point
no. 23.
12. : The number of criminal cases pending below 06 months over 09 months and over 12
months as on the corresponding day of previous year ?
Ans : Answer of this question is given in the High Court Report of this Court at point no.
23.
Ans. : Yes. The proportion of ineffective cases to the total pendency is 'LARGE'
(64.22%).
: 3 :
Ans. : Directions are issued to the Presiding Officer to take necessary steps and make
more Cases as effective and minimize the pendency of in-effective Cases.
14. : Whether there has been reduction in the file during the period of one year and if not
reasons for the same ?
Ans. : Yes.
Ans. : Answer to this question is given in point no. 24 in High Court report of this
inspection note.
EXAMINATION OF RECORDS
16. : Whether summonses or warrants were promptly issued soon after the cases are
registered ?
Ans. : Generally Yes.
17. : Whether the Judicial Magistrate hears the Cases from day to day as far as possible
and examines as many as witnesses as she can out of those who are present on the day ?
Ans. : Yes.
18. : Whether there are too may hearings in the Cases and whether adjournments are
granted on insufficient and inadequate grounds ?
Ans. : The adjournments are granted on adequate grounds.
19. : Whether the arguments are heard soon after the evidence is recorded and judgments
are delivered within a reasonable time thereafter ?
Ans. : Yes.
20. : Whether the priority is given to the Cases in which accused persons are in custody ?
Ans. : Yes.
: 4 :
21. : Whether the priority is usually given to the Cases pending over six months ?
22. : Whether the Judicial Magistrates makes a proper use of summary powers ?
Ans. : The Present Presiding Officer is not vested with summary powers.
23. : Whether any unwholesome practice in the conduct of the proceedings, such as use
of typed or cyclostyled judgments or use of rubber stamps for recording pleas, was noticed ?
24. : Whether bail bonds were obtained properly and whether solvency of otherwise of
sureties offered by the accused persons was properly determined by the Nazir or the Senior
Clerk and endorsed by the Judicial Magistrate ?
Ans. : Yes.
Ans. : No.
26. : Whether it is noticed that same persons often stood sureties in various Cases ?
28. : Whether roznama is maintained properly and contains faithful history of the Cases ?
: 5 :
29. : Whether the papers and documents filed in the Cases were classified as A B C D and
the markings of their classification was noted against each paper or document in the margin
of the roznama ?
Ans. : No. Necessary directions are issued to the concerned Clerk in this behalf.
30. : Whether the documents admitted and exhibited in the evidence are referred to in the
body of the evidence recorded in the Case ?
Ans. : Yes.
31. : Whether proper endorsement is made on the documents admitted and exhibited in
the evidence ?
Ans. : No. Necessary directions are issued to the Bench Clerk in this behalf.
32. : Whether the necessary endorsement is made below the statement of accused
recorded under Section 313 of Cr.P.C. ?
Ans. : Yes.
33. : Whether proper endorsement is made below the deposition of the Medical Officer as
required by the Criminal Manual ?
Ans. : Yes.
34. : Whether papers of each Case are properly arranged and kept in separate files as laid
down in the Criminal Manual ?
Ans. : No. Necessary directions are issued to the Bench Clerk in this behalf.
35. : Whether the record of decided Cases is properly arranged or classified as required
and whether it is maintained properly ?
Ans. : Generally Yes. Necessary directions are given to the concerned clerk in this
behalf.
DORMANT FILE
36. : Whether Cases are kept on dormant file in accordance with the provisions laid down
in Para 83 of Chapter VI of the Criminal Manual ?
: 06 :
Ans. : As on the day of Inspection, no case is pending on Dormant File in this court.
37. : Whether Cases kept on dormant file are entered in the Dormant File Register and the
Dormant File Register is maintained properly and regularly ?
38. : Whether warrants, summonses etc. were issued to the absconding accused persons
repeatedly as per provisions of Para 39 of Chapter II of Criminal Manual ?
39. : Whether steps as required by Section 82 and 83 of the Criminal Procedure Code
were taken against the absconding accused persons ?
Ans. : Does not arise.
REGISTERS
40. : Whether all the registers prescribed by the High Court Circulars and the Criminal
Manual are properly maintained or not ?
Ans. Yes. The detail answer to this question is given in point No.8 in High Court
Report of this Inspection Note.
ACCOUNTS
41. : Whether all the account registers are maintained properly ?
Ans. : This Court is attached to the Court of C.J.J.D. & J.M.F.C., Vashi for the purpose
of Accounts.
42. : Whether any discrepancies in the accounts of the Court particularly between the
Cash Book and the Treasury Pass Book were noticed ?
Ans. : As above.
: 7 :
43. : Whether any fraud, misappropriation or falsification of account was suspected in the
maintenance of accounts ?
Ans. : As above.
44. : Whether any erasures and interpolations of corrections were noticed in the Cash
Book or C,D,G,and E Register or Daily
Fee Book ? If yes, whether any fraud, misappropriation or ` falsification o
account was suspected ?
Ans. : As above.
45. : Whether the accounts, particularly Cash Book were written daily and placed before
Judicial Magistrate daily for her signature ?
Ans. : As above.
46. : Whether the remittances to the Treasury are made regularly and without delay ?
Ans. : As above.
47(a): Whether the Cash balance in the hands of the Nazir or Senior Clerk was verified
by the Judicial Magistrate regularly as required ?
Ans. : As above.
47(b): Whether the cash balance in the hands of the Nazir or Senior Clerk tallied with
other account books and, if not what are the reasons for the difference.
Ans. : As above.
47(c) : Whether any fraud, misappropriation or falsification of account was suspecte
thereby ?
Ans. : As above.
48(a): Whether the cash in hand of the Nazir or Senior Clerk exceeded the prescribed
limit and if so, on how many occasions ?
Ans. : As above.
48(b): Whether the excess cash was retained at hand with the permission of the
Judicial Magistrate ?
: 08 :
Ans. : As above.
48(c) : Whether it was suspected that the retention of excess cash in hand on any day
without permission was deliberate and for private use of the Government Servant ?
Ans. : As above.
49(a): Whether any instance was noticed in which the payment was made to a person
without taking his signature or thumb impression as the case may be ?
Ans. : As above.
49(b): If Yes, whether it was satisfied that the same was made to the proper person ?
Ans. : As above.
50. : Whether any instance was noticed of harassment caused to the litigants while
making payments to them ?
Ans. : As above.
51. : Whether any complaint was received from any quarter about the Clerk of the Court
and/or the Nazir (Senior Clerk) extracting money from litigants and/or advocates under one
pretext or another ?
Ans. : As above.
52. : Whether it was satisfied that the cash in the hands of the Nazir or Senior Clerk was
verified by the Judicial Magistrate at least once in a month without previous intimation ?
Ans. : As above.
53. : Whether diet and road money was paid to the witness in accordance with scales
prescribed in the Criminal Manual and whether proper vouchers are obtained whenever
necessary ?
Ans. : As above.
: 09 :
54. : Whether the fine register is maintained in the prescribed form and whether it was
properly filled in and initialed by the Judicial Magistrate ?
Ans. : As above.
55(a): Whether any receipt in the receipt book was found undelivered to the accused
person for payment of fine ?
Ans. : As above.
55(b): If Yes, whether the Nazir or Senior Clerk offers proper explanation in that respect
?
Ans. : As above.
56. : Whether it was satisfied that the fine realized was remitted to the treasury without
delay ?
Ans. : As above.
57(a): Whether any erasures, interpolations or corrections were noticed in the fine
register ?
Ans. : As above.
58. : Whether an intimation about the payment of fine received on behalf of the accused
person is promptly given to the jailer in the prescribed form ?
Ans. : As above.
59. : Whether a person paying a fine or compensation is given receipt in the prescribed
form and whether receipt is signed by the Magistrate ?
Ans. : As above.
60. : Whether the refund of fine ordered by the Appellate Court or Revision Court is
returned to the accused promptly ?
Ans. : As above.
: 10 :
61. : Whether the statement of the fine realised during the month is sent to the treasury in
treasury form No.66-e and whether the said statement is returned duly verified by the
Treasury Officer ?
Ans. : As above.
62. : Whether the balance of fine outstanding in the previous year or years is carried
forward to the new fine register opened for the current year ?
Ans. : As above.
63. : Whether proper steps were taken either to recover the outstanding fine amount or to
write off the same from the Fine Register ?
Ans. : As above.
COPYING SECTION
Ans. : This Court is attached to the Court of C.J.J.D. & J.M.F.C., Vashi for the purpose
of Copying Section.
64(b): Whether ordinary copies were furnished to the parties within the stipulated time
or not ?
Ans. : As above.
64(c) : If not, how often during the last six months and reasons thereof ?
Ans. : As above.
65. : Whether any delay was noticed in supplying urgent copy and if yes, duration of delay
?
Ans. : As above.
: 11 :
66. : Whether copies were supplied in a chronological order of the applications made for
them ? If not, what are the reasons ?
Ans. : As above.
Ans. : As above.
68. : Whether excess copying charges were properly refunded to the parties concerned or
not ?
Ans. : As above.
Ans. : As above.
Ans. : As above.
69(c) : Whether any corruption was suspected in this respect ?
Ans. : As above.
70(a): Whether any certified copy was found lying undelivered for a long time either on the
ground of refusal of V.P. parcel or any other ground ?
Ans. : As above.
70(b): If yes, whether the Magistrate took proper steps for the recovery of copying
charges ?
Ans. : As above.
71. : Whether the diary of the Section Writer was properly maintained ?
Ans. : As above.
: 12 :
72. : Whether the monthly account of copying fee is properly maintained and whether the
copying charges are credited to the Government regularly at the end of each month ?
Ans. : As above.
Ans. : This Court is attached to the Court of C.J.J.D. & J.M.F.C., Vashi for the purpose
of Process & Process Fees.
74. : Whether the Process Fee Register was properly maintained and instructions
contained in the Criminal Manual are followed ?
Ans. : As above.
75(a): Whether the Muddemal Registers both general and valuable are maintained
properly ?
Ans. : This Court is attached to the Court of C.J.J.D. & J.M.F.C., Vashi for the purpose
of Muddemal Property.
75(b): Whether the balance sheets of Muddemal properties are regularly maintained
and whether they are up-to-date ?
Ans. : As above.
76. : Whether the Muddemal articles are labeled properly for the purpose of identification
?
Ans. : As above.
: 13 :
77. : Whether the Muddemal articles are arranged category-wise and year-wise and
precautions taken to prevent tampering with it or mixing up of the articles ?
Ans. : As above.
78. : Whether proper care for the safe custody of the valuable muddemal articles is taken
?
Ans. : As above.
79. : Whether the general and valuable muddemal property is periodically checked as per
provisions contained in Para 71, chapter VI of the Criminal Manual ?
Ans. : As above.
80. : Whether the orders regarding disposal of muddemal articles in decided cases are
noted down in the Muddemal Register regularly ?
Ans. : As above.
81. : Whether the steps are taken regularly to dispose of muddemal articles in decided
cases ?
Ans. : As above.
Ans. : As above.
Ans. : As above.
82(c) : After the misappropriation is detected, what steps are taken in this behalf ?
Ans. : As above.
: 14 :
83(a): Whether moster of decided cases is sent to the Record officer regularly as
required by the High Court circulars ?
Ans. : No.
ESTABLISHMENT
84. : Whether any members of the staff was retained at the Head quarters or at any
Taluka places for usually long time without good and sufficient reasons ?
Ans. : This Court is attached to the Court of Civil Judge. J. D. & J.M.F.C., Vashi for the
purpose of Establishment.
85. : Whether the casual leave accounts of the members of the staff is verified and
whether the casual leave was granted strictly in accordance with the rules ?
Ans. : As above.
86. : Whether service books of the members of the staff are properly maintained and
necessary entries are made therein ?
Ans. : As above.
87. : Whether there was any occasion to hold department al inquiry against the members
of the staff and what action was taken ?
Ans. : As above.
: 15 :
Ans. : This Court is attached to the Court of C.J.J.D. & J.M.F.C., Vashi for the purpose
of accounts.
89. : Whether the distribution of work assigned to the members of staff was proper or not
?
Ans. : Yes.
90. : Whether anything unfair, inadequate, irregular or unusual was noticed in the
management of the office affecting its efficiency ?
LIBRARY
Ans. : As above.
92(b): If not, what steps are taken for recovery of the missing books ?
Ans. : As above.
93. : Whether the library books were regularly verified by the library Clerk and a report to
that effect was sent to the Presiding Magistrate through the Clerk of the Court or Senior Clerk
?
Ans. : As above.
94. : Whether the library books are verified by the Magistrate at any time ?
Ans. : As above.
: 16 :
GENERAL
96. : Whether the stationery articles were properly kept and whether their accounts is
properly maintained ?
Ans. : This Court is attached to the Court of C.J.J.D. & J.M.F.C., Vashi for the purpose
of stationary and forms.
97. : Whether all the stationery articles are forthcoming as per stationery accounts ?
Ans. : As above.
98. : Whether the blank forms are kept and arranged properly and proper account of from
is maintained ?
Ans. : As above.
99. : Whether service stamps account and private stamps account are properly
maintained ?
Ans. : This Court is attached to the Court of C.J.J.D. & J.M.F.C., Vashi for the purpose
of postage stamps and private stamps.
100. : Whether the files of Government Resolution etc. and files of Miscellaneous
papers were properly kept ?
Ans. : As above.
101. : Whether the furniture is in good condition and whether any furniture articles
need any repairs ?
Ans. : This Court is attached to the C.J.J.D. & J.M.F.C., Vashi for the purpose of Dead-
Stock Articles.
Ans. : As above.
: 17 :
103. : Whether the muster rolls as well as the late muster roll are properly maintained ?
Ans. : The Staff members working in this Court are attached to the Court of C.J.J.D. &
J.M.F.C., Vashi for the purpose of Establishment.
104. : Whether separate register of writs as prescribed by High Court are maintained ?
Ans. : Yes.
105. : Whether the writs are promptly and properly complied with ?
106. : Whether the summaries in decided cases are issued to the police regularly and
promptly ?
( N. R. Borkar)
Thane. Principal District and Sessions Judge,
Date : .10.2019 Thane.
Annexure - 'A'
Information in regard to stage-wise and year-wise break-up
of the pending Criminal proceeding Pre. - 2016
Year Arg. Part- 313 Hrg. E.B.C. Charge Plea R/s./N. R/w. Total
heard State.
Year Arg. Part- 313 Hrg. E.B.C. Charge Plea R/s./N. R/w. Total
heard State.