# accused before the courts even though an order passed by the Government under section

- **Citation:** C.L. No. 62/V11-C-31
- **Court:** Allahabad High Court
- **Decided:** 1978-06-09
- **Case number:** C.L. No. 62/V11-C-31
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/accused-before-the-courts-even-though-an-order-passed-by-the-government-under-163559
- **Pages:** 1

## Text

338
34.
PRODUCTION WARRANT
C.L. No. 62/V11-C-31 dated 9th June, 1978
The Court has noticed that criminal courts often insist on the production of the
accused before the courts even though an order passed by the Government under section
268 Cr.P.C. is in operation against the accused.
During the course of an inquiry, trial or other proceedings under the Cr.P.C., the
accused are produced before criminal courts in pursuance of an order passed under
section 267 Cr.P.C. and so long as an order passed by the Government under section 268
Cr.P.C. in respect of any person or class of persons is in operation, it would not be
desirable for the criminal courts, to insist upon the production of any person or class of
persons before them and the courts should accept the statement given by the officer in
charge of the prison in this regard as contemplated under section 269 Cr.P.C.
35.
TRIAL UNDER MILITARY LAW
C.L. No. 20/VIII-a-69 dated 5th March, 1951 as amended by
C.L. No. 56/VIII-a-69 dated 30th May, 1951 read with
G.O. No. 303/VI-872-41 dated 14th February, 1951
The attention of all the subordinate courts is invited to the mandatory provisions
of sections 125 and 126 of the Army Act, 1950 and also to the rules made under section
549 (new section 475) of the Code of Criminal Procedure, 1898 (Act -V of 1898),
contained in Appendix H of General Rules (Criminal), 1957, stressing the necessity of
strict compliance with the requirements laid down for the trial of persons subject to
military law.
C.E. No. 62/VII-a-83 dated 1st October, 1964
All the District Judges and Additional District and Sessions Judges should
forward free of charge a copy of its judgment on conviction of military pensioners to the
pension-paying officer concerned and the Controller of Defence Accounts (Pensions)
Allahabad to enable them to suspend convicted pensioners under the provisions of
Pensions Regulations for the Army/Air Force/ Navy. Rule 143(ii) of General Rule
(Criminal), 1957* (*now 1977 vide notification no. 504/vb-13; dated 05.11.1983) to be
followed strictly.
36.
PART HEARD CASE PENDING ON TRANSFER OF OFFICER
G.L. No. 492/67-2 dated 5th February, 1921
When an officer with a part heard sessions trial or other important case receives
orders of transfer, he must immediately make a full report to the High Court to enable it
to decide whether orders are required to detain him in order to enable such part heard
case to be completed before he leaves the station.
C.L. No. 88 dated 4th December, 1973
The following particulars must invariably be intimated to the Court immediately
on handing over charge by an officer regarding part heard sessions trials:
1.
Number of prosecution and defence witnesses in the part heard case.