High Court of Karnataka Rules. Rule 16 Chapter XIII. High Court registry cannot insist on payment of process fee for notices issued in respect of criminal appeals or references or revision except in cases of appeals or revisions against acquittal, at the instance of private complaints or parties. Karnataka High Court contemplates passing a judicial order.
High Court of Karnataka Rules, 1959 – Exemption from Payment of Process Fee.Under Rule 16 of Chapter XIII of the High Court of Karnataka Rules, 1959, no process fee is payable for issuance of notices in criminal appeals, references or revisions, except in appeals or revisions against acquittal instituted at the instance of private complainants or parties. The Registry cannot insist upon payment of process fee or withhold issuance of notices on that ground in exempted proceedings, as such insistence is contrary to the Rules and causes unnecessary delay and inconvenience to litigants and advocates. Further, under Section 15A(3) of the SC/ST (Prevention of Atrocities) Act, the State is duty-bound to ensure timely notice of court proceedings, including bail proceedings, to victims or their dependants. Karnataka High Court.
Office has raised an objection regarding furnishing of PF, Petition copy along with all Annexures and documents to issue notice to respondent No.2. Section 15A(3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') contemplates that a victim or his dependant shall have the right to reasonable, accurate, and timely notice of any Court proceedings including any bail proceedings and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act.
This Court has noticed that the de-facto complainant/victim are made as parties to the proceedings and in such cases the office of the Court has not issued notice to the respondents for want of process fee. It is also pertinent to mention here that in many cases, particularly in the appeals filed under Section 14A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and cases pertaining to offences under POCSO Act, this Court has noticed that the de-facto complainant/victim are made as parties to the proceedings and in such cases the office of the Court has not issued notice to the respondents for want of process fee.
In exercise of the powers conferred by Article 225 of the Constitution of India and Section 54 of the States Re-organisation Act, 1956 (Central Act 37 of 1956) read with sections 122 and 129 of the Code of Civil Procedure, 1908, and Section 19 of the Mysore High Court Act (I of 1884) and all other powers thereunto enabling, the High Court of Karnataka, with the previous approval of the Government of Karnataka, promulgates and issue the Rules with respect to practice and procedure to be followed at the High Court, the same having been previously published for objections and suggestions in the Karnataka Gazette, dated 27th June 1957. Accordingly, Notification is issued in No.R.O.C.2296-59 dated 06th October, 1959.
In view of Rule 16 of Chapter XIII of High Court of Karnataka Rules, 1959, no process fee shall be charged for notices issued in respect of criminal appeals or references or revision except in cases of appeals or revisions against acquittal, at the instance of private complaints or parties.
However, ignoring this Rule, the Registry is making remark in the order-sheet as well as in the cause-list as "Notices not issued for want of process fee", which is contrary to the provisions of Rule 16 of Chapter XIII of High Court of Karnataka Rules, 1959. Due to making such remark, the Registry causes unnecessary delay in proceeding with cases. In view of Rule 16 of Chapter XIII of High Court of Karnataka Rules, 1959, no process fee shall be charged for notices issued in respect of criminal appeals or references or revision except in cases of appeals or revisions against acquittal, at the instance of private complaints or parties.
In view of the aforesaid circumstances, it is necessary to pass orders not to insist to pay process fee for notices to be issued in respect of criminal appeals or reference or revisions, except in the cases of appeals, revisions at the instance of private complaints or parties, as contemplated under Rule 16 of Chapter XIII of High Court of Karnataka Rules, 1959.
