# and even if an adjournment is granted, a short date may be fixed

- **Citation:** C.L. No. 1
- **Court:** Allahabad High Court
- **Decided:** 1993-08-04
- **Case number:** C.L. No. 1
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/and-even-if-an-adjournment-is-granted-a-short-date-may-be-fixed-163538
- **Pages:** 2

## Text

317
section 87 and 88 (new sections 82 to 85) of the Code of Criminal Procedure should be
initiated against the accused who is absconding, and if he is not arrested within a
reasonable time, the court should commence the trial against the accused who is already
in custody or has appeared before it. All Magistrates should note these directions for
strict compliance.
C.L. No. 1 dated 14th January, 1976

The officers may be asked to be cautious in granting adjournments of old cases,
and even if an adjournment is granted, a short date may be fixed.
C.L. No. 51/IV h-36 dated 10th March, 1977
Witnesses present must be examined the same day.
C. L. No.67/2007Admin (G): Dated: 13.12.2007

The Hon'ble Court has noticed that exceptionally long time is being consumed by
the courts in recording the statement of the witnesses of formal nature. However, the
enabling provision of Section 296 Cr.P.C. providing for tendering of evidence on affidavit
is a departure from the usual mode of giving evidence. This would help the court to gain
the and the cost, besides relieving the witness of all that the said has to see in court only to
prove some formal points. . Therefore, the Hon'ble Court is of the view that the statement
of such formal witnesses, if necessary on some formal points, should normally be tendered
by affidavit and not by examining all such witnesses in court. If any party wishes to
examine the deponent of the affidavit, it is open to him to make an application before the
court.

Therefore, I am directed to request you to kindly bring contents of this Circular
Letter to the notice of all the Judicial Officers working under your administrative control
and supervision for compliance in right earnest.
(xiii) Complaints u/s 406/409 I.P.C. due to non-payment of workers' share of
contributions to PF/FPF and prosecution u/s 14 of the EPF & MP Act, 1952-
measure for reducing pendency of cases in the Court.
C.L.No. 44/VIIf-119/Admn.(G-2) dated August 4, 1993
I am directed to enclose herewith a copy of Government letter No. 15014/2/92-
Jus (M), dated October 22, 1992 along with its enclosure i.e. the letter No. P.O.
Case/CHT/92/18386 dated July 23, 1992 of Commissioner, Central Provident Fund, New
Delhi with the directions that the Presiding Officers working under you be apprised that
effective measures be adopted to dispose of the cases of complaints u/s 406/409 I.P.C.
due to non-payment of workers' share of contributions to PF/F.P.F. and prosecution u/s
14 of the E.P.F. and M.P. Act, 1952 and they be expedited in a measure to reduce the
pendency of such cases in the court.
I am further directed to ask you kindly to intimate Government of India in the
Ministry of Law & Justice, New Delhi, at the earliest the action taken with regard to
disposal of such cases as desired by them in their letter dated October 22, 1992, referred
to above, under intimation to the Court.
318
I am also to request you kindly to sent the figures of pending cases under the
E.P.F. & M.P. Act and cases filed u/s 409/409 I.P.C., to this Court along with the
disposals during the year of 31.3.89, 31.3.90, 31.3.91, 31.3.92 and 31.3.93 on the
following proforma:-
PROFORMA
Pendency
as on
Total No. of
cases pending
No. of cases
pending less than
one year
No. of cases
disposed of
No. of cases pending
between 1 to 3 years
1.
2.
3.
4.
5.

No. of cases
disposed of
No. of cased
pending 3 years
 and
above
No. of cases
disposed of
Reasons for not disposing
of the cases mentioned in
Column No. 3,5 & 7
Remarks
6.
7.
8.
9.
10.
(xiv) Compliance of the direction of the Hon'ble Supreme Court issued in Writ
Petition (Civil) No. 1128 of 1986-Common Cause, A Registered Society v.
Union of India & others (Published in J.T. 1996 (4) SC 701).
C.L.No. 31/VIIIb-287 Admn. ̳G' Section dated June 12, 1996
While enclosing a copy of the order passed in the aforesaid Writ Petition, I am
directed to intimate you that the directions contained in the above-mentioned order of the
Hon'ble Supreme Court, be strictly complied with.
I am, therefore, to request you that the directions of the Hon'ble Supreme Court
be communicated to all the Criminal Courts in the judgeship for strict compliance and
such compliance report be submitted to the Court within three months from the date of
receipt of this communication.
Writ Petition (C) No. 1128 of 1986, dated 1.5.1996
 ̳Common Cause' a Registered Society v. Union of India, 1996 Cr.L.J. 2380
B.P. Jeevan Reddy, S.B. Majumdar, JJ.
B.P. Jeevan Reddy, J:- ―Common Cause‖, a registered society espousing public
causes has asked for certain general directions in this writ petition, preferred under
Article 32 of the Constitution of India, with respect to cases pending in Criminal Courts
all over the country. The directions asked for are:
(a)
quashing of all proceedings against persons accused of offences under the
Motor Vehicles Act where the proceedings were initiated more than one
year ago and are still pending in any Court in the country;
(b)
to direct the unconditional release of the accused and dismissal of all
proceedings pending in Criminal Courts with respect of offences under
Indian Penal Code or other penal statutes which have been pending for
more than three years from the date of their institution and for which
offences the maximum sentence provided under law is not more than six