# Attention is drawn to general instructions contained in Court's circular letter no

- **Citation:** C.L. No. 152/VIII-b-13
- **Court:** Allahabad High Court
- **Decided:** 1974-09-28
- **Case number:** C.L. No. 152/VIII-b-13
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/attention-is-drawn-to-general-instructions-contained-in-court-s-circular-letter-163728
- **Pages:** 1

## Text

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C.L. No. 152/VIII-b-13 dated 28th September, 1974

Attention is drawn to general instructions contained in Court's circular letter no.
55/VIII-b-13, dated April, 19, 1971, for recording of full evidence and arguments in cases
fixed before the Magistrates for the day. The same should be strictly followed with regard
to summary trials as well. No piece-meal evidence should be recorded in such (summary)
trials.

Attention is also drawn to the second proviso to sub-section (2) of section 309,
Criminal Procedure Code 1973 and explanation No. 2 below the aforesaid section.
Adjournment should, as far as possible, be refused in summary trials also. If, however
adjournment is granted, the party applying for the same should be taxed with costs
sufficient to compensate the other party and his witnesses.
C.L. No. 23/IV-g-64 dated 12th May, 1967

In order to avoid adjournments and to ensure attendance of witnesses on the dates
fixed, adequate time should always be allowed for service of summons on witnesses in
cases under the Prevention of Corruption Act.
C.L. No. 75/VII-b-68 dated 15th May, 1971

Above instruction should be strictly followed by all the courts including the
Magistrate. If necessary urgent reminders by wireless should be issued and it should be
ensured that the messages are transmitted, if possible, six days before the commencement
of the trial to enable the head of department to spare the officer to appear in court on the
date fixed.
C.L. No. 121 dated 25th September, 1971

Presiding Officers should make a note in the daily sitting register about the time
wasted in a case on account of non-appearance of witnesses. (Copy of this C.L. endorsed
also to District Magistrates and Superintendents of Police in the State under C.E. no. 122
of date).
G.L. No. 73/VIII-a-14 dated 29th October, 1948

Part-heard sessions cases should ordinarily be accommodated within the cause list
already fixed and if necessary by adjourning or dislocating temporarily other sessions
cases preferably other than murder cases.

Sessions Judge should be strict in granting adjournment and should ordinarily
record the statements of all the witnesses present.
C.L. No. 42/VIII-b-13 dated 31st March, 1952

With a view to secure speedy disposal of criminal appeals whenever a criminal
appeal has to be adjourned say more than once or twice on account of sessions cases or
some other work, efforts should be made to fix a special date for its hearing so that it may
not have to be adjourned over again for a similar reason.
C.L. No. 49/VII-b-68 dated 3rd April, 1971

To avoid unnecessary adjournments of sessions trials and consequential
appearance of the police witnesses and Magistrates transferred to other stations, affidavits