DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0067
A D. 1807.]
REGULATION IX.
57
" To --, Inhabitant of-<
" Whereas a complaint has been preferred on (or solemn decla-
ration) by --, inhabitant of -, charging- you with the
crime of-, you are hereby required to appear (in person or by
vakeel) before the magistrate of the ziilah or city of '-, on or
before the - day of -, to answer, to the said charge.
Herein fail not. Dated the - day of - A. C., corre-
sponding with-."
T/U'raf. If it be deemed necessary to require bail, the extent of the bail
is to be specified in the summons, as follows :
" To-=-, Inhabitant of —-.
" Whereas a complaint has been preferred on (or solemn declara-
tion) by-, inhabitant of-, charging you with-,
you are hereby required to appear (in person or by vakeel) before the
magistrate of the ziilah (or city) of-, on or before the-—,
to answer to the said charge. You are further required to give bail in
rupees- for your appearance (in person or by vakeel) on the day
aforesaid. Herein fail not. Dated the-day of-A. C.,
corresponding with-."
The bail to be taken for appearance before the magistrate,
in pursuance of the above clause, shall correspond with the form pre-
scribed by Clause Fourth of Section III. of this Regulation.
See Act x. VII. If an accused person on whom a summons shall have been served,
as provided in the preceding section, and in Section XIII. of this Regula-
tion, shall not attend in person or by vakeel, and give bail (if required)
according to the exigence of the summons within the period limited by
it, the magistrate shall issue a warrant, under his official seal and signa-
ture, for the apprehension of the accused, and if he abscond shall proceed
against him in the manner directed by Section IV. Regulation XI. 1796,
and Section IV. Regulation III. 1804.
VIII. In cases of a trivial nature, such as abusive language, slight
trespasses and inconsiderable assaults or affrays, in which there may be no
reason to apprehend that the party complained against will abscond, bail
for appearance shall not be required in the first instance; but may, at any
time during the investigation of the charge, be called for by the magis-
trate, if any circumstances should occur to render it necessary. The
officer intrusted with the service of the summons in such cases, as well as
in all other cases wherein bail may not be required, shall demand only an
acknowledgment of the receipt of it; and in the absence of the party,
the summons may be served on the principal person in his.house or family,
if such person be willing to receive the same, and to return an acknow-
ledgment for the party. The officer serving the summons, in such
instances, as well as in all cases wherein the magistrate may deem it
proper to admit the private adjustment of the parties, shall be further
instructed, on the tender of a razeenamah expressing the plaintiff's desire
to withdraw his complaint, and the defendant's acquiescence in the com-
plaint's being withdrawn, to receive such razeenamah as a sufficient return
to the process committed to him. But excepting the trivial cases noticed
VOL. II. i '
scribed in Cl. 4 of
Sec. iii.
cess intrusted to him.
Provided that, ex-
REGULATION IX.
57
" To --, Inhabitant of-<
" Whereas a complaint has been preferred on (or solemn decla-
ration) by --, inhabitant of -, charging- you with the
crime of-, you are hereby required to appear (in person or by
vakeel) before the magistrate of the ziilah or city of '-, on or
before the - day of -, to answer, to the said charge.
Herein fail not. Dated the - day of - A. C., corre-
sponding with-."
T/U'raf. If it be deemed necessary to require bail, the extent of the bail
is to be specified in the summons, as follows :
" To-=-, Inhabitant of —-.
" Whereas a complaint has been preferred on (or solemn declara-
tion) by-, inhabitant of-, charging you with-,
you are hereby required to appear (in person or by vakeel) before the
magistrate of the ziilah (or city) of-, on or before the-—,
to answer to the said charge. You are further required to give bail in
rupees- for your appearance (in person or by vakeel) on the day
aforesaid. Herein fail not. Dated the-day of-A. C.,
corresponding with-."
The bail to be taken for appearance before the magistrate,
in pursuance of the above clause, shall correspond with the form pre-
scribed by Clause Fourth of Section III. of this Regulation.
See Act x. VII. If an accused person on whom a summons shall have been served,
as provided in the preceding section, and in Section XIII. of this Regula-
tion, shall not attend in person or by vakeel, and give bail (if required)
according to the exigence of the summons within the period limited by
it, the magistrate shall issue a warrant, under his official seal and signa-
ture, for the apprehension of the accused, and if he abscond shall proceed
against him in the manner directed by Section IV. Regulation XI. 1796,
and Section IV. Regulation III. 1804.
VIII. In cases of a trivial nature, such as abusive language, slight
trespasses and inconsiderable assaults or affrays, in which there may be no
reason to apprehend that the party complained against will abscond, bail
for appearance shall not be required in the first instance; but may, at any
time during the investigation of the charge, be called for by the magis-
trate, if any circumstances should occur to render it necessary. The
officer intrusted with the service of the summons in such cases, as well as
in all other cases wherein bail may not be required, shall demand only an
acknowledgment of the receipt of it; and in the absence of the party,
the summons may be served on the principal person in his.house or family,
if such person be willing to receive the same, and to return an acknow-
ledgment for the party. The officer serving the summons, in such
instances, as well as in all cases wherein the magistrate may deem it
proper to admit the private adjustment of the parties, shall be further
instructed, on the tender of a razeenamah expressing the plaintiff's desire
to withdraw his complaint, and the defendant's acquiescence in the com-
plaint's being withdrawn, to receive such razeenamah as a sufficient return
to the process committed to him. But excepting the trivial cases noticed
VOL. II. i '
scribed in Cl. 4 of
Sec. iii.
cess intrusted to him.
Provided that, ex-