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PART A -- ADMISSION OF PETITIONS
1. Persons competent to lodge petition.-- A petition of appeal or revision on behalf of a person convicted by a Criminal Court or an application for transfer shall not be admitted by a Criminal Court, unless it is either submitted through the jail authorities, or is presented by the convicted person himself, or by some person authorised by a ***[...] power of attorney to present it on his behalf; and a petition for revision by a complainant shall not be admitted unless it is presented by the complainant or by some person authorised by a ***[...] power of attorney to present it on behalf of the complainant:
Provided that a person confined to jail shall be allowed to appoint his pleader, whether falling under sub-clauses (1) or (2) of clause(r) section 4 of the Code of Criminal Procedure, by means of a printed form, signed by him, and attested by the Superintendent of the Jail, and that no stamp shall be required on this form.
Note:- A specimen of the form is given in the Appendix attached to this part.
2. Authentication of petitions written by jail officials for prisoners.-- Petitions of appeal and revision, written by Jail officials on behalf of prisoners, shall be authenticated by the Superintendent of the Jail and every such petition received from the Superintendent of a Jail shall be examined upon receipt, and if it has not been authenticated by the Superintendent, it shall be returned forthwith for this to be done.
3. Petitions received by post.-- A petition of appeal or for revision received by post otherwise than through Jail should, if possible, be returned to the person from whom it was received by post `bearing'.
4. Pleader engaged by agent.-- When an agent has been duly appointed by a convict to file an appeal or revision, a pleader engaged by the latter shall be required to file a power-of-attorney.
5. Court-fees on appeals.-- No Court-fees shall be charged on appeals preferred on behalf of a prisoner by a pleader or by agent.
6. ***[Omitted].
APPENDIX
Form of declaration by a person confined to Jail appointing a pleader for presenting an appeal or revision on his behalf in a Criminal Court.
IN The Court of-----------------------------------------------------------------------------
Appellant.
---------------------------------------------------------------------------------------------------------
Petitioner
versus
The *[STATE]----------------------------------------------------------------Respondent.
Charge under section
Sentence
Appeal
-------------------from the order of ----------------------------------------------------Magistrate
Revision
exercising------------------------------------powers at----------------------------------------------
I,---------------------------------------------------, son of---------------------------------, caste-----------------------------------------------, resident of--------------------------------------, now a prisoner in the Jail at----------------------------, hereby authorise --------------------, to file an appeal in the above case on my behalf and to act, plead and take all other steps in furtherance thereof.
Signatures
or
thumb-impression
of the Appellant --------------------------------
or Petitioner
Date --------------------------
Station------------------------
Attestation by the Superintendent of Jail----------------------------------
The above declaration has been made by ----------------------------------------------- prisoner No.-----------------------, at present confined in the---------------------- Jail which is under my charge as Superintendent. The contents of the declaration have been read over to the prisoner who admits them to be correct. Let this be given to his pleader for necessary action.
Signatures--------------------------------------
Designation------------------------------------
Date---------------------------------------------
Station------------------------------------------
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