Miscell Applications before Magistrate

There is no difference between ordinary application & Miscellaneouse application.  Provisions with regard to Miscellaenouse application can be found in the "Criminal Manual" of the state. Maharashtra state Criminal Manual states that miscellaneous applications can be handed over to the presiding officer during the course of the proceedings which are taken on record and given Exhibit number.  Similarly miscellaneous applications moved when the trial is not on has to be registered and numbered in the registry. Please see the manual. I have answered from memory.

Anil kumar ji explain it clearly.

Miscelliance application u/s 125 of Cr.P.C. can be filed in person before the preciding officer/court. There after said application will be registered .

Sareveshji,

"Criminal Manual" is issued by The High Court of Judicature (Appellate Side) Bombay for the Guidance of the Criminal Courts and their subordinate officers.

It states inter alia, "All the applications submitted to the court including applications for withdrawing and compounding cases" should be exhibited.

Chapter XXX of the said manual states Sessions Court shall maintain Register of Miscellaneous Criminal Applications before the court of Sessions in Forum IV and Magistrates Court shall maintain Register of Miscellaneous Criminal Application in Form IX.

The Manual illustrates the kind of proceedings which should be entered in the register of Miscellaneous Criminal Application before the Sessions court which pare proceedings u/s 389, 340,345,349,350,446,454(2),408 to 412 of Cr.P.C, Proceedings u/s 436,437,439,440 Cr.p.c. arising independantly of any pending session case of criminal appeal or revision (Bail, cancellation of Bail, Reduction of bail) Application for condondation of delay in filing Criminal Appeal, Revision etc.

As per the said manual the following illustrates the proceedings which shall be entered in the register of criminal miscellaneous application maintained by JM CJM in form no IX

Proceedings u/2 82, 83,85 (3) under Cr.p.c. not forming part of any pending main case. Proceedings u/s 97,250,421,424,340,345, 346, 349,350,125,126,127,128,436,437,443,444,299,446,457,51 Cr.P.C.

I hope I have clarified

M.A generally means for interim relief or for injunction which may be made without hearing of the O.P if the relief is genuine or against the interests of the complainant