# and the summons are issued immediately after orders are passed by the Courts

- **Citation:** C.L. No. 47/Admn
- **Court:** Allahabad High Court
- **Decided:** 1994-05-19
- **Case number:** C.L. No. 47/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/and-the-summons-are-issued-immediately-after-orders-are-passed-by-the-courts-163663
- **Pages:** 9

## Text

404
(3)
The office of the District Court shall identify all such cases, which deal with petty
offences and ensure that sufficient number of cases are listed before the Courts each day
and the summons are issued immediately after orders are passed by the Courts.
(4) A Website be created for each District containing details of such cases involving petty
offences where summons have been issued.
(5) A Centralized Account be opened in each District in one Bank for the purpose of
deposit of fine by the accused persons against whom special summons are issued and the
same can be transferred in the Government Account where amount of fine is deposited.
(6)
Each District Judge shall inform the High Court every fifteen days about the
progress made in his district so that the data can be compiled and placed before the
Committee monitoring the disposal of such cases.

I am, therefore, to request you to kindly direct all concerned under your
administrative control to ensure compliance of the above directions of the Hon'ble Court
in right earnest.
67.
PETTY CRIMINAL CASES
(i)
Transfer of Petty Criminal Cases under the Local and Special Acts to the

Courts of Executive Magistrate having powers of special Judicial Magistrate

First Class
C.L. No. 47/Admn. (A) dated May 19, 1994
I am directed to send herewith a copy of G.O. No. 4521/8/9/26(5)/89, dated
August 2, 1989, issued by the Special Secretary, Government of U.P., Home (Police)
Section-9, Lucknow, addressed to all the District Magistrates of U.P., regarding disposal
of petty criminal cases by the Executive Magistrates having powers of Special Judicial
Magistrates and to request you kindly to get 100 petty criminal cases in which the
offence is punishable with fine only under the Special and Local Acts and in which the
offence is triable by the Special Executive Magistrates who have been conferred with
such powers of Special Judicial Magistrate, by this Court from time to time, under
Section 13(3) of Code of Criminal Procedure, 1973 (Act No. 2 of 1974), transferred to
the Court of Executive Magistrates posted in his District immediately under intimation to
the Court and the list of such cases transferred to the Courts of Executive Magistrates
may also be sent to this court as well as to the Government.
2
XIII
405
3
C.L.No.17/Main ̳A'/ J.R (I) dated: 21-4-2000

The Government of Uttar Pradesh, by Notification no. 3093/VII-Nayay-2-201
G/92 dated 26.8.96, had established courts of special Judicial Magistrate, I class and of
special metropolitan Magistrate in only 46 districts of the state of UP. As defined in Rule
2 of the Uttar Pradesh Petty Offences (Trial by Special Judicial Magistrate) Rule, 1997,
Special Judicial Magistrate will try petty offences. In order to dispose of the pendency of
petty cases, Hon'ble court is considering for creation of further courts of Special; Judicial
Magistrate. In this regard, the details of pending cases in your judgeship, which can be
triad Special Judicial Magistrate/ Special Metropolitan Magistrate are required.

I am, therefore, to request you kindly to submit details showing number of
pending cases of petty offences, which can be triad by Special Judicial, Magistrate/
Special Metropolitan Magistrate in your Judgeship to the Hon'ble court at the earliest.
C.L.No.19/ Main ̳A'/J.R. (I) /Dated: May 12, 2000

This is in reference to court's circular letter No. 17/main ̳A' /J.R. (I) dated
21.4.2000 pertaining to pendency of cases of petty offences in your Judgeship. With a
view to dispose of the cases, Hon'ble court is considering for creation of more court of
Spl. Judicial Magistrate/ special Metropolitan magistrate in the district.
I am to say that Government of India has also sought information by 31.5.2000
for creation of more courts of special Judicial Magistrate/Special Metropolitan Magistrate
in the district of Utter Pradesh, which has to be furnished to Parliament in respect of
parliamentary question.

In order to prepare proposal on the aforesaid reference, information on the
following proforma is to be obtained from you:-
1.
Total number of pending cases of petty offences in your Judgeship as on
01.4.2000.
2.
Indicate probable number of post of SJM/SMM (excluding existing posts)
as per norms, if required, to be created on the basis of pendency of cases
in your Judgeship.
I am, therefore, to request you kindly to furnish the latest information as on
1.4.2000 on the above proforma to the court by return post/fax.
C. L. No. 56/2007Admin (G): Dated: 13.12.2007

The Hon'ble Court has been pleased to observe that the pendency of criminal
cases has swelled to a large extent by inclusion of criminal cases of petty nature and the
same could be brought down by making maximum use of the provisions made under
406
Section 206 (1) Cr. P.C. which provides for summary disposal of such cases by the
Magistrates U/s 260 of Cr.P.C.
Therefore, I am directed to request you to kindly bring contents of this Circular
Letter to all the magistrates working under your administrative control and to impress
upon them to ensure compliance of the above directions of Hon'ble Court in letter and
spirit.
68.
PREVENTION OF CRUELTY OF ANIMALS
(i)
Copy of Judgment dated 19.1.96 passed by Hon'ble Mr. Justice A.N. Gupta
in Criminal Misc. Case No. 25 of 1996 (Bal Gangadhar Tripathi & another v.
State of U.P. and another) regarding prevention of Cruelty to animals
C.L. No. 5/Admn. ̳G'/dated February 14, 1996
I am directed to send a copy of Judgment dated 19.1.96 in Criminal Misc. Case
No.25 of 1996 (Bal Gangadhar Tripathi and another v. State of U.P. and another), on the
above subject, for guidance of all the Courts.
Criminal Misc. Case No. 25 of 1996
Bal Gangadhar Tripathi V. State of U.P. Hon'ble A.N. Gupta, J.
Eight trucks loaded with calves from Kosi Kalan district Mathura and one truck
similarly loaded from Kanpur were proceeding towards Bihar and on 12.12.95 when a
Police Party headed by S.I. Shiv Murti Singh was informed that they were loaded
mercilessly and cruelly in those trucks without proper documents, he intercepted them at
about 9.00 p.m. within jurisduction of his Police Station, namely, Akbarpur district
Faizabad (Ambedkar). They were coming on a high speed and when the police party
signaled them to stop, they tried to run away by increasing the speed but incidentally
railway crossing ahead was found closed and motor trucks had to stop there which were
seized by the chasing police party. It was found that these trucks were loaded with 44,
44,42,42,43,27,27,29 and 27 calves, respectively, in all 325 calves. On checking, it was
found that the trucks neither had proper documents of their registration etc. nor there was
any certificate or licence or any medical certificate that these calves were fit to be
slaughtered. They were found mercilessly and cruelly stacked almost like goods in the
said trucks. Accordingly, the police party seized the said trucks and the calves and a Case
Crime No.514 of 1995 under section 11(d) of U.P. Prevention of Cruelty to Animals Act,
1960, Section 7 of Criminal Law Amendment Act and 3/8 U .P. Prevention of Cow
Slaughter Act.
Sri Bal Gangadhar Tripathi who is petitioner No.1 before me, although an
Advocate by profession based at Faizabad but is engaged in advancement of prevention
of cruelty to animals. With the same mission petitioner No.2 Bhola Nath is working at
Faizabad. They have set up an Organization known by the name of ―Go Vansh Evam Go
Sanrakshana Sanvardhan Parishad‖. These calves were given in the Supurdgi of
petitioner No.1. The case is still under investigation. Some of the persons were owners of
the trucks as well as calves loaded therein and in some cases owners of the trucks and the
calves were different persons. All of them applied before learned Magistrate for release
of the trucks as well as of the calves. Both the petitioners requested the learned
Magistrate to give them opportunity of hearing, which was granted. After hearing the
407
applicants and the petitioners, the learned Magistrate rejected the release applications.
Thereafter, those owners filed revisions before learned Sessions Judge which are
pending. In those revisions, the two petitioners applied for an opportunity of hearing but
the same has been rejected by him by means of the impugned order dated 10.1.96. Now,
the petitioners in keeping with their mission have approached this Court under section
482, Cr. P .C. by filing this petition.
A perusal of the order of learned I Addl. Sessions Judge, Faizabad shows that he
held that under Section 301 Cr .P .C. the persons who are neither complainants nor
accused before the court, have any right of hearing and in any case since neither any
inquiry, trial or appeal was pending, the petitioners could not be heard. He also observed
that in criminal cases it is the Government which has to protect rights of the citizens and
for the purposes of criminal machinery since the Government has, appointed Public
Prosecutors, it was not necessary to hear the petitioners.
The animals are national assets. They are not only essential for the human living
as they provide milk etc. but they help in maintaining ecological balance, even they help
in maintaining proper environment. Although the different Legislatures have passed
enactments for prevention of cruelty to animals but the Government machinery and
Governmental efforts by themselves are not sufficient and therefore, the voluntary
organizations have definitely an important role to play in the matter. It is very rare to find
any private citizen approaching a court of law for prevention of cruelty to animals. In
fact, it is voluntary organizations and the persons having zeal and mission who come to
court and bring the matter to the notice of the Court or to the notice of the appropriate
governmental authorities. Thus, these matters are in the nature of public interest litigation
although the cases may be tried or concluded largely within the frame work of the Code
of Criminal Procedure. In such matters to deny a right of hearing to the voluntary
organisation would be unjust and improper. In fact, a Division Bench of this Court in the
case (in which I was also a Member) Vishwa Hindu Adhivakta Sangh v. Union of India
1993 LCD 112 (paragraph 62) observed that in matters of larger public interest the court
must hear those persons who are vitally interested in the out-come of those cases. The
Hon'ble Supreme Court in the case of State of West Bengal & others v. Ashutosh Lahiri
& others, (1995) 1 Supreme Court Cases 189 held that any person representing Hindu
community challenging exemption granted under Section 12 of West Bengal Animal
Slaughter Control Act to cow slaughtering on Bakri'd-day, has a locus standi to be heard
in the matter. Further, under Article 48 of the Constitution in Part IV relating to Directive
Principles of State Policy, it has been provided that the State shall have endeavour to
prohibit the slaughter of cows and calves and other mitch and draught cattle. These
matters cannot be decided just by narrowly interpreting Section 301 Cr.P.C. Even if
Section 301 in strict terms may not be applicable to the facts of the case yet being almost
in the nature of Public Interest Litigation and the petitioners being vitally interested in
the same it would be just and proper to permit them to have a hearing in the revision
because apart from other things in such matters the prosecution or accused may not bring
forth all the relevant facts in order to escape from clutches of law and therefore,
voluntary organizations which are represented by the petitioners should be heard by the
courts.
408
In the result, this petition under section 482 Cr.P.C. is allowed. Order dated
10.1.96 passed by learned I Addl. Sessions Judge, Faizabad is hereby quashed. It is
directed that the petitioners shall be heard in the revisions pending before him. It is made
clear that the learned Sessions Judge shall not be influenced by any observations made in
this judgment so far as merits of the revisions pending before him are concerned.
Copy of this judgment shall be furnished to the petitioners as well as to the
learned Government Advocate free of cost, within five days.
The Registrar is directed to circulate a copy of this judgment to all the courts in
Uttar Pradesh for their guidance.
69.
RELEASE OF INMATES OF PROTECTIVE HOMES
(i)
Circulation of the copy of order passed by the Hon'ble Supreme Court on
12.4.93 in writ petition No.1900/1981 Dr. Upendra Bakshi v. State of U.P. No.
5777 dated May 15, 1993
I am desired to enclose here with a copy of the order passed by the Hon'ble
Supreme Court on 12.4.93 in the aforementioned writ petition for the necessary
compliance by the subordinate courts.
Extracts of Judgment
In this public interest litigation petition the State Government was requested to
evolve a scheme for rehabilitation of girls lodged in protective homes in the State so as to
enable the Court to lay down broad guidelines for administration of protective homes
under Suppression of Immoral Traffic in Women and Girls Act at the final hearing of the
writ petition. The State Government had shifted the Protective Home at Agra in the new
building. The Hon'ble Apex Court directed the State Government to carry out the
following directions:
(1)
The approach road to the new building shall be made into a pucca or semi-pucca
road so that it does not get blocked or waterlogged by rain. This shall be done
within 3 months from today.
(2)
The big hall as also three rooms used as classrooms and the kitchen shall be
provided with cross ventilation by putting up sufficient number of windows so as
to ensure passage of air in and out of the rooms. The District Judge or the
Additional District Judge nominated by him shall determine how many windows
are necessary to be constructed for this purpose.
(3)
Exhaust fans shall be provided in the big hall, three classrooms, kitchen and
offices.
(4)
The State Government shall provide police protection throughout day and night
for the inmates of the Protective Home in the new building.
(5)
The State Government shall either provide accommodation to the staff of the
Protective Home in or near the new building or provide conveyance to the
member of the staff for coming to the Protective Home and going back to their

 For perusal of Judgment see AIR 1987 SC 191 : 1986(4) SCC 106
409
respective homes unless public transport is available in the immediate vicinity of
the Protective Home.
(6)
Mosquito nets have been provided by the State Government to each and every
inmate as also to the members of the staff staying in the Protective Home but if
that has not yet been done, the State Government shall immediately take steps to
provide mosquito nets to each and every inmate and member of the staff staying
in the Protective Home.
(7)
The State Government shall provide a conveyance for taking the inmates to the
court and bringing them back to the Protective Home and similarly, conveyance
shall also be provided to the District Judge or Additional District Judge inspecting
the Protective Home.
(8)
The District Manager (Telephones), Agra shall immediately shift the telephone to
the new building and whatever steps are necessary for this purpose shall be taken
by the State Government without any delay.
(9)
The State Government shall immediately provide cooking gas in the kitchen so
that it is not necessary to use wood for cooking which may emit a lot of smoke
and lead to discomfort and suffocation on account of lack of ventilation.
(10)
The State Government shall immediately proceed to carry out rewiring as also to
install the electric meter in a safe place where there is no dampness. The latest
Inspection Report of the Additional District Judge dated June 30, 1986 revealed
that the electric meter has been shifted to the chamber of the Superintendent. The
new place to which it is shifted is not damp so as to imperil the safety of the
inmates. That is a matter, which would have to be looked into, by the District
Judge or the Additional District Judge when he goes for inspection. The State
Government shall without any undue delay proceeds to take the necessary steps to
install a generator so that the safety of the inmates is not jeopardized.
(11)
The State Government shall set up, within a period of two weeks from the receipt
of the court's order, a Board of Visitors on which there shall be at least three
social activists working in the field of welfare of women and particularly
suppression of immoral traffic in women and there shall also be included in the
Board of Visitors two persons to be nominated by the District Judge, Agra within
two weeks from the date of the Court's order.
 (12) The Superintendent of the Protective Home shall take care to see that no women
or girl is detained in the Protective Home without due authority and process of
law. The District Judge, Agra who carries out monthly inspection of the
Protective Home shall verify during every visit that no women or girl is detained
except under the authority of law and if he finds that any of them is detained
without any authority of law, he shall take steps to see that she is released and
repatriated to her parents or husband or other proper authority.
 (13) The District Judge, Agra is directed to nominate two socially committed
advocates who would by turns visit the Protective Home once in a fortnight and
enquire from the inmates in regard to their needs and requirements and provide
them legal aid and assistance, where required. Each of the advocates visiting the
410
Protective Home pursuant to this direction shall be paid by the State Government
an honorarium of Rs. 50 per visit plus out of pocket expenses.
(14)
It is absolutely essential that the inmates in the Protective Home should be
provided a proper rehabilitation programme so that when they come out of the
Protective Home, they are in a position to look after themselves and they do not
slide into prostitution on account of economic want. The inmates must be given
vocational training and guidance by way of rehabilitation. The State Government
is directed to produce at the next hearing of the writ petition a detailed
rehabilitation programme, which they have either set up or they propose to set up
within a specified time limit. The Superintendent of the Protective Home is
directed to consider whether it would be possible to arrange for their wedding to
proper persons in case they want to get married. The Superintendent of the
Protective Home can follow the example of the Nari Niketan in Delhi where a
committee was set up by this Court for the purpose of investigating into the
antecedents of the would be bridegrooms in order to ensure that they were
genuine persons wishing to marry the inmates and not bogus or sham bridegrooms
who were going through the ceremony of marriage merely for the purpose of
selling the inmates or pushing them into prostitution. The District Judge will
constitute an appropriate committee for this purpose consisting of himself and at
least two social activists. The State Government will also initiate proper follow up
action in this behalf with a view to ensuring that the inmates are not taken back to
the brothels or/ and they do not once again slide into prostitution.
(15)
The District Judge, Agra or any other Additional District Judge nominated by him
shall visit the Protective Home once every month for the purpose of ensuring that
the aforesaid directions given by the Court are carried out fully and effectively
and he shall submit an Inspection Report to this Court on/or before the 15th of
every month.
70.
PROVIDING OF STATISTICAL INFORMATION TO THE STATE LAW
COMMISSION
CONCERNING
THE
ESTABLISHMENT
OF
DIVISIONAL COURT.
C.L.No.41/ Dated: August: 3, 1996
A proposal of the establishment of divisional court is pending with the State Law
Commission, Uttar Pradesh. It is proposed that the establishment of such courts will
improve the court management and judicial administration.
The State Law Commission requires certain statistical informations on the matters
relating to the establishment of divisional courts, the information will be required from
the district Courts.
The Hon'ble court has directed that on receiving of such requirements from the
State Law Commission the required information may be provided to the State Law
Commission at the earliest.
I am, therefore, to request you that aforesaid directions of the Hon'ble court be
complied without fail.
411
71.
STATISTICAL
INFORMATION
REGRDING
JUDGE
STRENGTH
INSTITUTION,
PENDENCY
AND
DISPOSAL
OF
CASES
IN
SUBORDINATE COURTS AS PER THE PROFORMA
C.L.No.28/ Admin.A-3 Dated: Allahabad: July 29, 1998
 I am directed to send herewith a copy of letter No.FNJPC/DCJS/8/98, Dated June
24, 1998 along with preformed annexed therewith, sent by Member-Secretary, first
National Judicial pay commission, 1st floor, city civil court complex, Annexe, central
college road Bangalore, on the subject noted above and to request you kindly to furnish
the information asked for there in, the enclosed proforma attached with the aforesaid
letter within 15 days from the receipt of the letter so that it may be submitted to the
member- Secretary of the First National Judicial pay commission as desired.
72.
ESSENTIAL COMMODITIES (SPECIAL PROVISIONS) ACT, 1981 AND
ESSENTIAL COMMODITIES ORDINANCE 1998 HAVE BECOME IN
EFFECTIVE FROM 31.3.1997 AND 8.7.1998
C.L.No.5/Admin.A.3dated: 30 March, 1999.
 I am directed to refer the letter no.Bha.Sa.64/29-7-98-102/98, dated 3.10.1998
of Sri Prabhat Chandra Chaturevedi, Secretary Government of U.P. addressed to all the
District Magistrates of the State (copy enclosed), on the above subject, and to say that on
consideration of the matter court has been pleased to order that being the provision of
Essential Commodities (Special Provisions) Act, 1981, read with Essential Commodities
Ordinance 1998 in effective by virtue of non extension of power the section6 (e) of UP.
General Clause Act, 1904 provides that the cases in which cognizance have been taken
shall continue to be tried by the Special Judge.
 I am further directed to say that so far as new cases, which have arisen out of
essential commodities Act 1995 after 8.7.1998, cognizance shall be taken as per the
provision of said act by Magistrate having Jurisdiction of the cases.
73.
MINIMIZING THE POSSIBILITIES OF LEAKAGE AND BREAKAGE
OF SAMPLES OF FOOD ARTICLES DRAWN UNDER P.F.A. ACT AND
RULES
C.L.No.19 dated: August: 19, 1999

Director General, Health Services, New Delhi has brought to the notice of
Hon'ble Court that Central Food Laboratories (CFL] has been experiencing difficulty in
the analysis of samples received from various trying courts. Samples of milk, ice-candy
and ice-cream have been found to be improperly sealed which has resulted in
leakage/evaporation of the contents in the sample bottles. Evaporation of water in the
milk or ice-candy samples has caused increase in the fat or solids-non fat content of the
samples, thereby giving discrepancies in the results reported by Public Analysts and CFL.
Further difficulty has also been felt by CFL that broken sample bottles are being sent by
trying courts.
 I am, therefore desired to inform you that it be brought to the notice of all the
trying courts/ Magistrates to ensure that (i) sample bottles/containers be packed, fastened
and sealed properly, (ii) in case of liquid samples a mark be made on the sample bottle to
412
indicate the volume of the sample contained in the bottle, (iii) exact volume of sample
taken in the bottle be indicated and (iv) while forwarding the samples to Central Food
Laboratories safe transportation of the samples be ensured.
74.
FURNISHING OF STATEMENT OF CASES PENDING UNDER THE
UTTAR PRADESH PUBLIC EXAMINTION (PREVENTION OF UNFAIR
MEANS) ACT, 1998
C.L. No. 26/VII-d-108, Dated: 2nd August, 2001
In the meeting of the State Legal Services Authority it has been decided that
statement of cases registered under U.P. Public Examination (Prevention of Unfair
Means) Act, 1998pending in different Magisterial Courts be obtained and placed in the
next meeting of the Authority.
I am, therefore, to request you kindly to send the statement of the cases registered
under U.P. Public Examination (Prevention of Unfair Means) Act, 1998 pending in
different Magisterial Courts to the Court treating it as MOST URGENT and information
should be sent through FAX immediately.
(i)
Code of Criminal Procedure (Amendment) Act, 2005 & 2006
C.L. No. 49/2006: Dated 15.11.2006
The government of India has introduced amendments in Sections 1, 20, 24, 29,
53, 82, 102, 110, 122, 176, 195, 202, 206, 223, 228, 260, 292, 293, 320, 340, 356, 258,
377, 378, 389, ,
428, 438, 436,
437, 446, 459
and in First and
Second
Schedules of the
Code
of
Criminal
Procedure, 1973
besides inserting
new
sections
25A, 50A, 53A,
54A,
164A,
291A,
311A,
436A, 441 and
new
Chapter
XXIA
in
the
Principal
Act.
The
insertions
of Sections 153-A, 174A, 195A & 229-A have also been made in the Indian penal Court,
1860 and an amendment has been introduced in Sections 154 of the Indian Evidence Act,
1877, vide Amending Acts and Notifications published in Gazette of India noted in the
margin.
1. The Code of Criminal Procedure (Amendment) Act, 2005 (published
in Gazette Extraordinary Pat II - Section 1 dated 23rd June, 2005.
2. The Code of Criminal procedure (Amendment) Act, 2006
(Amendment) Act, 2005 (published in Gazette Extraordinary Part II -
Section 1 dated 5th June, 2005
3. Notification dated 21.06.2006 giving effect to the provisions of the
Code of Criminal Procedure (Amendment) Act, 2005, (published in
Gazette Extraordinary Part-II - Section 3-Sub Section (ii) dated 21st
June, 2006.
4. The Criminal Law (Amendment) Act, 2005 (Extraordinary Part-IISection 1 dated 12th June, 2006.
5. Two Notifications dated 12.04.2006 and 03.07.2006 giving effect to
the provisions of the Criminal law (Amendment) Act 2005
(published in Gazette Extraordinary Part-II, Section 3 - Sub section
6. (ii) dated 12th April, 2006 and (Extraordinary Part-II, Section 3 -
Sub-section (ii) dated 3rd July, 2006.