# appearance of accused in person

- **Citation:** C.L. No. 24/VIII-a-28
- **Court:** Allahabad High Court
- **Decided:** 1956-03-17
- **Case number:** C.L. No. 24/VIII-a-28
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/appearance-of-accused-in-person-163596
- **Pages:** 2

## Text

348
46.
APPEARANCE OF PRISONERS BEFORE HIGH COURT
C.L. No. 24/VIII-a-28 dated 17th March, 1956
The issue of a notice for the hearing of a criminal appeal by the High Court does
not necessitate the appearance of the prisoner in person before the Court on the date of
hearing.

Therefore, unless the High Court issues a specific order that the accused should be
produced from jail. The Magistrate should not issue orders to the jail authorities for the
appearance of accused in person.
47.
SESSIONS CASES AND APPEALS
(i)
Distribution of work
C.L. No. 2352 dated 8th July, 1904
 When the criminal work of a judgeship is light, it is the duty of the District Judge
to take on his own file as much of the civil appellate work of his district as possible. It is
only in this way that District Judges can judge the qualification of their subordinate
officers. It is, moreover, desirable that Judges should take every opportunity of enlarging
their acquaintance with civil law, and the court thinks that this end will best be secured
by Judges making a point of hearing from time to time some original civil suits in
addition to their civil appellate business. Judges should note in their annual reports
reasons, which have prevented them from complying with these instructions.
G.L. No. 21/67-5(2) dated 4th July, 1931 as modified and supplemented by
G.L. No. 9/67-2 dated 1st February, 1938 and
C.L. No. 4/VIII-h-13 dated 11th January, 1951
Where there are Additional or Assistant Sessions Judges to help District Judges,
the work should be so arranged that District judges dispose of a fair proportion of civil
work.

In order that District Judges should be fit for, higher judicial appointments it is
imperative that they should do civil work regularly. The object will be sufficiently served
if District Judges do not transfer to Civil Judges any Munsif's appeals over Rs. 2,000 in
value. They should decide four or five original suits during the course of the year. Such
original suits should be of a valuation over Rs. 5,000.
C.L. No. 32/IV-4 dated 26th February, 1971
In order to bring the civil work under control most of the criminal appeals and
revisions be entrusted to Additional Sessions Judges for disposal and important sessions
trials, criminal appeals, revisions and civil work including appeals be done by the District
Judges themselves.
C.L. No. 33 of 1969 dated 25th March, 1969
 Except during the summer-vacation, the Additional District and Sessions Judges
should not take up criminal work but devote themselves to the disposal of civil cases
exclusively triable by a District Judge.
349
C.L. No. 123 dated 14th August, 1974
District Judges should ensure that all types of work both civil and criminal, is
distributed amongst the Additional District Judges according to their seniority and
capacity.
C.L. No. 205/IV-h-14/Admn. 'A' dated 23rd December, 1976

The District Judge and the senior Additional District and Sessions Judge in the
district shall ordinarily devote 3/4th time to civil work and only 1/4th time to criminal
work.
C.L. No. 189/IV-g-28/Admn. (A) dated 16th December, 1977

The Assistant Sessions Judges should henceforth be required to try only three
sessions cases in a quarter.
 C.L. No. 62/IV-h-14 dated 31st May, 1979

The District Judges and Senior Additional District Judges, who are not doing
required civil work, will be subject of comment in the annual entry.
C. L. No.75/2007Admin (G): Dated: 13.12.2007.

It has been observed by the Hon'ble Court that to enable the Court to have
complete grip over the case and to better appreciate the oral evidence adduced before it,
the long intervals in the examination of witnesses should be avoided .Therefore, in
continuation of earlier General letter no. C-73/1990 dated 26.7.90 I have been directed to
say that in all the Sessions trials, the statement of witnesses should be recorded by the
courts concerned on the day-to-day basis as per the Schedule drawn by the Sessions
Judges.
 I am, further to add that the contents of this Circular Letter be brought to the
notice of all the Judicial Officers working under your administrative control for strict
compliance
(ii) Sessions trial
G.L. No. 73/VIII-a-14 dated 29th October, 1948

If the record is not received within eight days of the order of commitment, an
explanation of the Committing Magistrate should be called for and an entry made in the
remarks column of the sessions statement. At the same time the Sessions Judge should
act in accordance with the directions contained in G.L. no. 54/T, dated the 30th August,
1948, and summon the record for fixing dates if necessary.
G.L. No. 7/VIII-a-14 dated 29th October, 1948 as modified by
G.L .No. 7/VIII-a-14 dated 12th February, 1949 and
C.L. No. 55/VIII-a-14-49 dated 26th August, 1949 and
C.L. No. 80/VIII-a-14 dated 25th November, 1949 and
C.L. No. 32/VIII-a-14 dated 7th April, 1956
Sessions Judges should generally be able to decide sessions trials in which
sentence of death can be awarded within two months of commitment, and others in which