district court vsit report

LOK NAYAK JAYAPRAKASH NARAYAN

NATIONAL INSTITUTE OF CRIMINOLOGY AND FORENSIC SCIENCE Government of India (Ministry of Home Affairs)

District Court visit Report

Submitted By

Avinash

M.A. (Criminology)

1st Semester

Content

1. Acknowledgement2. Purpose of Visit3. INTRODUCTION4. Rohini District Court 5. Different types of Courts Rohini court CIVIL JUDGE AND RENT CONTROLLER AT ROHINI COURTS DISTRICT JUDGE /ADDITIONAL SESSION JUDGE AT ROHINI

COURTS ADDITIONAL DISTRICT JUDGE AT ROHINI COURTS FAMILY COURTS AT ROHINI COURTS MOTOR ACCIDENT CLAIM TRIBUNAL AT ROHINI COURTS A.C. M.M & MM AT ROHINI COURTS6. Structure of the court room7. Functions of court room staff8. Hierarchy of Prosecution9. Case study 1

10.Case study 2

11. Personal Observation

I, Avinash student of M.A. Criminology, 1st semester, would like to pay my sincere gratitude towards our course director Pro. (Dr.)B.N. Chattoraj, for arranging our visit to District Court Rohini for the purpose of understanding the Children’s Home organization and there functioning.

I am also thankful to Mr. Narandra Singh Katyan, Chief Prosecutor, Rohini District Court, Delhi to make us understand the Role of Court and the role of Public Prosecutor and the Defense Lawyer in a much Practical Way.

Avinash

Particulars Of Visit

Name: District Court Rohini.

Location: Madhuban Chowk, Rohini.

Date and Day of Visit

Date Time Day

14-11-2011 10:00 AM TO 04:00 PM Monday

15-11-2011 09:30 AM TO 04:00 PM Tuesday

16-11-2011 09:30 AM TO 04:00 PM Wednesday

Purpose of Visit

The purpose of the visit was to understand the working of a court, the nature of duties of the judicial officers. The visit was to help us understand the role of court in dispensing justice in any case, the role of prosecutors in a case, the way cases proceed in a court, the way judges, prosecutors and defense lawyers handle the case, the relationship of the prosecutors and the police. This gave us an opportunity to understand the actual need of co- ordination in the four pillars of the criminal justice system.

The visit included an in-depth study of the day to day functioning of the criminal courts, at different levels and over a vast variety of cases. The aim was to evaluate the resources available and the distribution of power between the judges, the prosecution, and the defense council.

INTRODUCTION

Court - A court is an institution that the government sets up to settle disputes through a legal process. People come to court to resolve their disagreements. Did Bill Jones run a red light before his car ran into John Smith's, or was the light green, as he says it was? Did Frank Williams rob the bank? Courts decide what really happened and what should be done about it. They decide whether a person committed a crime and what the punishment should be. They also provide a peaceful way to decide private disputes that people can't resolve themselves.

District Court – The District Courts of India are presided over by a judge. The administer justice in India at a district level. These courts are under administrative and judicial control of the high court of the state to which the district concerned belongs.

Prosecutor - The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system.

Prosecution - The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

Defense lawyer - A defense lawyer is an attorney that represents an accused party in legal matters, including in a court of law. The accused party is known as the defendant, hence the name, defense lawyer.

Rohini District Court

The Building of Rohini Courts Complex completed in the year 2005. This is the most modern operational District Courts building in Delhi. Presently cases pertaining to west and north-west District are dealt with at Rohini Courts complex.

At present the following courts are functioning at the Rohini courts complex:

1. CIVIL JUDGE AND RENT CONTROLLER.2. DISTRICT JUDGE /ADDITIONAL SESSION JUDGE.3. ADDITIONAL DISTRICT JUDGE. 4. FAMILY COURTS.5. MOTOR ACCIDENT CLAIM TRIBUNAL.6. ADDITIONAL CHIEF Min ETROPOLITAN MAGISTRATES &

METROPOLITAN MAGISTRATES.

Different types of Courts Rohini court

CIVIL JUDGE AND RENT CONTROLLER AT ROHINI COURTS

S.NO NAME OF JUDICIALOFFICERS

ROOM NO. DISTRICT WISE

1 SH. MUKESH KUMAR, ACJ/ARC 214 NORTH WEST2 SH. ASHUTOSH KUMAR, SR,

CJ/RC210 NORTH WEST

3 MS. SMITI GARG, JSCC/ADDL.SR.CJ/GUARDIANSHIP JUDGE

217 NORTH WEST

4 SH. PRASHANT KUMAR, CCJ/ARC 216 NORTH WEST5 SH. DEVENDER KR. JANGALA,

ARC215 NORTH WEST

DISTRICT JUDGE /ADDITIONAL SESSION JUDGE AT ROHINI COURTS

S. NO. NAME OF JUDICIAL OFFICERS

JURISDICTIONS ROOM NO.

DISTRICT WISE

1 SH. S. K. SARVARIA DISTRICT JUDGE & ASJ / JUDGE I/C, NORTH-WEST DISTRICT

404 NORTH WEST DISTRICT

2 SH. R.P. PANDEY CBI 401 NORTH EAST DISTRICT

3 DR. KAMINI LAU SC/ST 409 NORTH WEST DISTRICT

4 SH. RAVINDER DUDEJA

TADA/POTA/MACOCA 304 NORTH WEST DISTRICT

5 SH. PARAMJIT SINGH SESSION CASES 307 NORTH WEST DISTRICT

6 SH. PARVEEN KUMAR

PC ACT , CBI 305 NORTH WEST DISTRICT

7 SH. SUDHIR KUMAR JAIN

SESSION CASES 201 OUTER DISTRICT

8 SH. RAJNISH BHATNAGAR

SESSIONS CASES 202 OUTER DISTRICT

9 SH. R.B. SINGH TADA/POTA/MACOCA 203 OUTER DISTRICT

10 MS. BARKHA GUPTA SESSIONS CASES 204 OUTER DISTRICT

11 SH. SANJEEV AGGARWAL

SESSIONS CASES 205 OUTER DISTRICT

12 SH. UMED SINGH NDPS ACT 207 OUTER DISTRICT

13 SH. VIRENDER KR BANSAL

NDPS ACT 208 NORTH WEST DISTRICT

14 SH. VIRENDER KR. GOYAL

FAST TRACK COURT 302 NORTH WEST DISTRICT

15 SH. VINOD KUMAR PC ACT 406 NORTH WEST DISTRICT

16 SH. RAMESH KUMAR ELECTRICTY COURT 318 NORTH WEST DISTRICT

17 SH. RAKESH TIWARI SESSION CASES 312 NORTH WEST DISTRICT

ADDITIONAL DISTRICT JUDGE AT ROHINI COURTS

S.NONAME OF JUDICIAL OFFICERS


DISTRICT WISE

1 SH. SANJEEV KUMAR LAC & ALL EXISTING WORK OF CIVIL CASES


2 SH. VIJAY KUMAR DAHIYA

ALL EXISTING WORK OF CIVIL NATURE ANF GUARDIANSHIP, PROBATE & IPR MATTER


3 SH. M.K. GUPTA SUITS & APPEAL 301 NORTH WEST DISTRICT

4 SH.JITENDER KUMAR MISHRA

SUITS & APPEAL 311 NORTH WEST DISTRICT

FAMILY COURTS AT ROHINI COURTS

S.NO. NAME OF JUDICIAL OFFICERS


1 SH. KAMLESH KUMAR ADDITIONAL PRINCIPAL JUDGE FAMILY COURT

4

2 SH. DILBHAG SINGH FAMILY COURT 33 MS POONAM A. BAMBA FAMILY COURT 84 MS. SHAIL JAIN FAMILY COURT 7

MOTOR ACCIDENT CLAIM TRIBUNAL AT ROHINI COURTS

S.NO. NAME OF JUDICIAL OFFICERS ROOM NO. DISTRICT WISE

1SH. CHANDRA BOSE

19NORTH WEST DISTRICT

2MS. PREETI AGARWAL GUPTA

12 OUTER

3 SH. YASHWANT KR. SHARMA 13 OUTER

A.C. M.M & MM AT ROHINI COURTS

S.NO NAME OF JUDICIALOFFICERS

JURISDICTIONS ROOM NO DISTRICT WISE

1 SH. VIDYA PRAKASH, ACMM –I

KESHAV PURAM, BHARAT NAGAR, OLD AND FRESH CASES OF CRIME, EOW


2 SH. MANISH GUPTA, ACMM- II

ALIPUR, NORTH ROHINI OLD AND FRESH CASES OF CRIME, EOW

108 OUTER DISTRICT

3 SH. BHUPINDER SINGH,MM

SARASWATI VIHAR, ASHOK VIHAR, MCD, DDA


4 SH. VIJAY KUMAR JHA,MM

JAHANGIR PURI, SWAROOP NAGAR, BHALSWA DAIRY


5 SH. DEERAJ MOR,MM MUKHERJEE NAGAR, SHALIMAR BAGH, MAHENDER PARK


6 SH. NEERAJ GAUR,MM MAURYA ENCLAVE, MODEL TOWN, ADARSH NAGAR, APMC, DPCC, RANI BAGH


7 MS. VANDANA,MM MAHILA COURT 106 NORTH WEST DISTRICT

8 SH. DEEPAK WASON,MM

SHAHBAD DAIRAY, NARELA INDUSTRIAL AREA ,MCD, DDA

206 OUTER DISTRICT

9 SH. CHANDERJIT SINGH,MM

S P BADLI, K N KATJU MARG

19 OUTER DISTRICT

10 SH. SUMEDH KUMAR ,MM

SULTAN PURI,VIJAY VIHAR, BEGUM PUR

211 OUTER DISTRICT

11 SH. VISHAL SINGH, MM MANGOL PURI, DRUGS AND COSMETIC ACT, OLD CRIME

107 OUTER DISTRICT

12 MS. RACHNA TIWARI LAKHANPAL,MM

MAHILA COURT 213 OUTER DISTRICT

13 SH. SUNIL KUMAR U/S 138NACT 111 NORTH WEST DISTRICT

14 SH. MANISH KHURANA,MM

PRASHANT VIHAR, BAWANA

110 OUTER DISTRICT

15 SH. SUNIL GUPTA,MM TRAFFIC COURT PUNJABI BAGH, ASHOK VIHAR


16 SH. JAGMOHAN SINGH,MM

TRAFFIC COURT RAJOURI GARDEN, ROHINI


17 SH. PANKAJ SHARMA,MM

TRAFFIC COURT NARELA, PATEL NAGAR, PAHAR GANJ, BAWANA


18 SH. DHARMENDER SINGH,MM

TRAFFIC COURT TILAK NAGAR, KAROL BAGH


19 SH. SACHIN GUPTA,MM WORK OF MUNICIPAL COURT OF RAJOURI GARDEN ZONE, ROHINI, NARELA AND U/S 138 NIACT


20 SH. AJAY SINGH SHEKHAWAT,MM

SOUTH ROHINI, KANJHAWALA, AMAN VIHAR

212 OUTER DISTRICT

Structure of the court room

The Court room is a hall consisting of a raised pavilion which has a podium for the Honorable Judge with his Reader and Steno sitting on either side on the same podium.

On a pavilion comparatively lower to that of the Judge their is a witness and an accused box but as informed is not being used. In between the two boxes the typist sits who types all the statements made by the witnesses.

The prosecutor and the defense counsel stands on the bench near the typist. Between the two counsels stands the witness and the accused stands beside the accused box.

There is a Naib court helping the prosecutor standing just beside him.

The public attending the trial have seats provided behind the bench where the two counsels stand.

There are cupboards in the court room to keep all the case files being tried in the court. Even the case properties and other registers maintained in the court by the different judicial officers.

Functions of court room staff

Reader to the Honorable judge: She maintains all the case files of the cases being heard in the court and prompts the judge with the various cases and other documents.

Steno of the Honorable judge: Records the orders of the Honorable judge.

Typist: Types each and everything going on in the court room.

Naibcourt: He maintains the attendance register for the witnesses and the accused and assists the reader with the maintenance of case file. He also calls the witness or accused inside the court room when asked by the judge.

Hierarchy of Prosecution

Director of Prosecution

↓

Public Prosecutor

↓

Chief Public Prosecutor

↓

Additional Public Prosecutor

↓

Assistant Public Prosecutor

Director of Prosecution – Supervises over the whole Directorate of Prosecution.

Public Prosecutor – Does Administrative work.

Chief Public Prosecutor – Allocates work to other prosecutors under him.

Additional Public Prosecutor – Represents the state in session court.

Assistant Public Prosecutor - Represents the state in Magistrate cour

CASE STUDY - 1

FIR No. 580/06Police Station Mangol PuriOffence RobberyUnder Section 399,402,186,353,332,307(IPC) & 25

of arms act. Date of FIR 15-08-2006Action Taken on FIR (Date & Time)

15-08-2006 at 4:55 PM

District Outer RohiniWitness 14 Investigation Officer Joginder Singh & Mahender Singh

(S.I.) Trial From 21-09-2011 to till yet Name of The Offender Rajesh with 6 other persons Victim’s Name Ganesh Sharma

In this case a police informer inform the police that some Boys make a plan of robbery in a petrol pump. The informer informed the police at the date 15th august 2006. The informer tells the police that in ST Block the road which is connected to gate no. 4, there is a silent house. In this house five boys are sitting and make a plane to robber the petrol pump.

Police takes action at the movement and reach that place, where the boys were planed to robber the Petrol Pump. The fairing started and the police arrest the four boys and the two boys run away from there.

The boys planed to robber the Ganesh Sharma’s Petrol Pump. The police arrest all the four boys but the two boys run away.

CASE STUDY - 2

FIR No. 103/10Police Station Samaipur BadliOffence Attempt to MurderUnder Section 34,307,392,394,397 (IPC)Date of FIR 20-01-2010Action Taken on FIR (Date & Time) 20-01-2010 at 03:20 PMDistrict Outer RohiniWitness 3 Witness Investigation Officer Surendra Singh (SI) & Trial From 03-09-2010 to till yetName of The Offender Praveen with 2 another PersonsVictim’s Name Suraj pal

In this case according to the victim Suraj pal, he sells the vegitables in som market, in Rohini Sector 18. He was going to home with his brother at 12:15 AM ,the date was19th Aprail 2010. At the road three peoples surround him and robber him to see the knife, that time his brother was not there. His brother talking with his friend on mobile, but when he saw this then he run to save his brother.

To saw this one person attacked with knife on Suraj pal and rob the Rs. 3400 and run away. After that his brother called the police and admit him in a hospital. When the police record the statement of both the brothers and after the investigation police arrest all the offender. All the offender confess their offence.

Personal Observation

On our visit to the court the reader of the chief prosecutor has

divided us In to groups of two each and assigned us to different

Additional Public Prosecutor. I got the opportunity to learn from Assistant

Public Prosecutor Shri Shiv Kumar. Who works in court Room no. 202 in

the Court of Additional Sessions Judge shri Rajneesh Bhatnagar.

There was tight security on the gate of the court. Every person

enters in The court with the rules and regulations. There were different

chambers Of different public prosecutor. There are different courts for

different types of cases. Some times judge also asks the question from

the accused or witness. All the statement of accused and witness

recorded in the computer. Some times the witnesses’ fears in the court

room. Some times witness tells a lie in the court, when they not

conformed about the question, then they guess about the answer and

mainly constables. Some time the accused not presented in the court or

the defense lawyer also not presents in the court.

district court vsit report

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