# along with fine by post or messenger, on or before the date fixed

- **Citation:** C.L. No. 85/VIII
- **Court:** Allahabad High Court
- **Decided:** 1991-11-11
- **Case number:** C.L. No. 85/VIII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/along-with-fine-by-post-or-messenger-on-or-before-the-date-fixed-163446
- **Pages:** 2

## Text

286
"If you desire to plead guilty without appearing in person, send written confession
along with fine by post or messenger, on or before the date fixed.

If you desire to plead guilty through pleader, he may confess and pay fine on
showing written authority from you."
C.L. No. 85/VIII b-108-Admn. (G) dated 24th November, 1984

The District Judges should see that henceforth, the aforesaid instructions are
strictly complied with by the Magistrate. If any Magistrates do not do so, it may be
treated adversely against him.
C.L. No. 13-VII d-92/Admn. (A) dated 18th January, 1978

It is impressed upon all the Magistrates that in the interest of expeditious disposal
of criminal cases, such cases, which can be tried summarily, should generally be tried
summarily.

While inspecting cases of Magistrates, the District Judges/the Chief Judicial
Magistrates are requested to verify whether the Magistrates try summarily those cases,
which can be tried summarily.
Compliance of the Provisions of Section 206 of the Code of Criminal Procedure,
1973.
C.L. No. 65/Vllb-108/Admn. (G), dated November 11, 1991
I am directed to invite your attention
to Court's Circular Letter noted on the margin
and printed at pages 457 & 459 of the book of
Circular Orders 1990 Edn, on the above
subject, and to say that in spite of repeated
instructions,
this
Court
is
receiving
complaints that the provisions of Section 206
(i) of the Code of Criminal Procedure are not
being followed by the trying, Magistrates
while deciding cases under Section 260 of the said Code causing harassment to the
accused. Thus, with a view to give quicker relief to the accused persons involved in petty
offences, the Magistrates may be directed to have the list of such cases prepared where
punishment is possible in the form of fine where after the Magistrate may call upon the
accused by a notice in writing fixing some date therein, on which if the accused pleads
guilty, his case may be disposed of on the date fixed, by imposing the sentence of fine
only. The Magistrates can make this fact of imposition of fine, only known to the
litigants in general through the lawyers by giving them the option that in case the accused
give an application whereby they plead guilty and want to got the sentence of fine only,
then on getting their files from the record room, the Magistrate, may dispose of those
matters by imposing fine only.
I am, therefore, to request you kindly to bring in the notice of all trying
Magistrates the contents of this letter for their information and necessary compliance.

1. C.L. No.4 dated 3.10.1975.
2. C.L. No. 104/Vllb-108, dated 6.8.1975,
3. C.L. No.1, dated 14.1.1976,
4. C.L. No.4. dated 3.2.1976
5. C.L. No.66, dated 11.5.1976,
6. C.L. No. 13/VIId-92, dated 18.1.1976
and
7. C.L. No. 85/VIlb-108, dated
24.11.1984.
287
27. TRIAL BY RAILWAY MAGISTRATE AND MOBILE COURTS
C.E. No. 881/Admn. (B) dated 29th August, 1974

In terms of Government notification no. 132 6/VII-A.N.208/74, dated March 29,
1974, the Judicial Magistrates (Railways) are required to hold their courts at any place of
any district in which they are posted so that complaints in respect of petty offences may
be filed before them and they may then and there, decide such cases. Such court shall,
however, be held at some distance from the scene of occurrence so that the litigant public
may not be under the impression that the Judicial Magistrates are a part of the railway
administration.
C.L. No. 703/Admn. (B) dated 11th July, 1975

Railway Magistrates will try at the railway station or on the line only cases in
which passengers are apprehended for traveling without ticket. Other cases will be
distributed among the various Judicial Magistrates including Munsif Magistrates having
jurisdiction. In no case, a Railway Magistrate shall try a case other than a railway case on
the line or at the railway station. When not trying a case on the line or at the railway
station, the Railway Magistrates shall hold court at the headquarters and try such cases as
are allotted to them.
C.L. No. 109/Admn. (B) dated 22nd August, 1975
To overcome the difficulties pointed out in connection with trial of cases relating
to transport offences Thana wise, it has been decided as follows :-
1.
The Chief Judicial Magistrates of each district may, in consultation with
the District Judge, assign cases pending up to July 15, 1975 to a magistrate
or distribute the same amongst the Judicial Magistrates available in the
district.
2.
As regards cases filed after July 15, 1975 the Chief Judicial Magistrate
shall distribute them, in consultation with the District Judge, amongst the
Judicial Magistrates available in the district so far as possible, Thana wise.
C.L. No. 119/Admn. (B) dated 15th September, 1975

Besides trying cases as indicated above a Railway Magistrate shall also try the
following category of cases under the Indian Railways Act.
1.
entering carriage in motion or improper travelling (Section 118);
2.
entering carriage or other places reserved for females (Section 119);
3.
drunkenness or nuisance on the railway (Section l20);
4.
canvassing or hawking on a railway without a licence (Section 120-A);
5.
tresspass and refusal to desist from tresspass (Section 122); and
6.
disobedience of omnibus drivers to the railway servant section 123 and
chain pulling.
In other classes of railway offences including offence under the Railway Property
(Unlawful Possession) Act, 1966 the Chief Judicial Magistrates, in consultation with the
District Judges, may exercise their discretion to assign any case or class of cases to a
Railway Magistrate to hold trial at the Railway premises in the interest of justice.