The High Court of Telangana has issued certain directions for the criminal petitions filed under Section 438 of Code of Criminal Procedure.
The notification issued by the High Court notifies that,
“While dealing with Crl.P.No. 8108 of 2021 filed under Section 438 Cr.P.C on 15.11.2021, the Hon'ble Court issued certain directions to be followed by all concerned.”
The said directions are as follows:
(a) Parties/Advocates shall download the order copy from the High Court's Website along with case details which are available in the case status information.
(b) While filing the memo on behalf of accused for furnishing sureties, the Advocate shall state in the Memo that he / she has downloaded the order copy from the High Court's Website. The Administrative Officer / Chief Ministerial Officer of the Court concerned shall verify the order from the High Court's Website and make an endorsement to that effect and then shall place the same before the Court.
(c) The Public Prosecutor shall also obtain necessary instructions in this regard and assist the Court.
(d) The Presiding Officer, on the same day, shall dispose of the same and dispatch the release order to the jail authorities concerned forthwith through e-mail or any other electronic mode.
(e) In cases of anticipatory bail, the burden to verify the authenticity of the copy is on the Station House Officer concerned and if necessary, he should obtain necessary instructions from the Public Prosecutor's Office and complete the process on the same day expeditiously as per law.
(f) The jail authorities on receipt of the release order shall release the accused forthwith.
The Court directed communicate copy of this order to (1) The Principal Secretary for Home Affairs, State of Telangana, 2) The Director General of Police, State of Telangana, 3) The - Director of Prosecution, who, in turn, shall sensitize the police officers / Station House Officers / Public Prosecutors and ensure implementation of this order.
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