# Attention of District Judges is invited to the provisions of Section 363 of the - **Citation:** C.L.No. 65/VIIc-8-Admn.(G) - **Court:** Allahabad High Court - **Decided:** 1983-10-21 - **Case number:** C.L.No. 65/VIIc-8-Admn.(G) - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/attention-of-district-judges-is-invited-to-the-provisions-of-section-363-of-the-162782 - **Pages:** 2 ## Text 29 C.L.No. 65/VIIc-8-Admn.(G) dated 21st October, 1983 Attention of District Judges is invited to the provisions of Section 363 of the Criminal Procedure Code 1973, Section 2 of the U.P. Prisoners Release on Probation Act, 1938, rule 6 of the U.P. Prisoners Release on Probation Rules and rule 143 of the General Rules (Criminal) 1957. The District Judges are further directed to supply free copies of judgments to the District Magistrates, if they move a written application for the same. (iii) To Inspectors of Stamps G.L.No. 5832/VII-f-26 dated 9th August, 1946 The mandatory provisions of section 6(6) of the Court Fees Act, 1870, should be strictly complied with by all subordinate courts. A copy of the plaint with a copy of the court's finding on the question of deficiency in court-fee should invariably be sent to the Chief Inspector of Stamps. (iv) To Superintendent, Model Prison, Lucknow. C.L.No. 21/VII-b-35, dated 9th March, 1951 The Superintendent, Model Prison, Lucknow, shall be supplied free of cost with a copy of the judgment of the Sessions Court in the case of every convict who is sentenced to a term of five years or more and who is classified in the star sub-category of casual prisoners. (v) Preparation and supply of copies of statement of witnesses. C.L.No.36/VIIIb-281 dated 24th September, 2003 The Hon'ble Court has observed with concern that the provisions contained in Section 207 and 208, Criminal Procedure Code, 1973 regarding preparation of copies of records relating to statement of witnesses recorded u/s 161 and supply thereof to the accused persons under Section 207 and 208 of the Code of Criminal Procedure are not being complied with in letter and spirit causing undue delay in disposal of criminal cases. I am, therefore, directed to request you to kindly take remedial measures for early preparation of the records of the statement of witnesses and to supply of the copies of statement recorded under Section 161 of the witnesses to the accused persons to ensure speedy disposal of criminal cases. I am also to add to kindly bring the contents of the Circular letter to the notice of all the concerned in your Judgeship for guidance and strict compliance. 6. PREVENTION OF ISSUE OF SURREPTITIOUS COPIES C.L.No. 14/67-3 dated 14th February, 1936 The following remedies are suggested for necessary action by District Judges and presiding officers in order to prevent the supply of surreptitious copies to lawyers' clerks and litigants and the leakage of information from offices and record-room. Now 1977, vide notification no. 504/v-b-13 dated 5th November, 1983 30 If a pleader is found making use of unauthorized copies in the conduct of his cases, the presiding judge should inform him that the use of such copies is disapproved by the court and that if it is persisted in, the name of his registered clerk will be removed from the list of such clerks. The presiding judge should maintain a list of pleaders who use copies which the court has reason to think have been obtained surreptitiously. The Presiding Officer should keep a vigilant eye on incomes in their offices from inspection and search fees and protect their ministerial officers from their own weaknesses and defend them from the importunity of those who tempt them from the path of honesty and rectitude. G.L.No. 11/17-2(11) dated 1st March, 1937 The court desires each presiding officer to use his powers of observation in detecting the use of unauthorized copies and to take action, if necessary. It will, therefore, be necessary for District Judges to take action against these registered clerks who persist in the use of unauthorized copies and to maintain a list of pleaders who use copies which the court has reason to think have been obtained surreptitiously. This will have to be done with circumspection, as the rule as now amended allows full copies of papers under inspection to be made in pencil. Any how the record is always at hand to enable the Presiding Officer to ascertain whether the record has in fact been inspected for this purpose or not. 7. PREPARATION AND ISSUE OF COPIES OF DEPOSITIONS C.L.No. 77/IVh-36 dated 28th May, 1976 and C.L.No. 98/VIIIb-281 dated 7th June, 1976 On a fixed fee of Rs.1/-* per deposition, copies of depositions of witnesses be issued by courts as far as possible the same day provided that not more than one copy would be supplied irrespective of the parties involved in the case and that such copy shall bear the endorsement of the Reader of the court that it is a true copy of the deposition of the witness recorded in the court. Copies of depositions should be prepared with the help of ball-point pen where there is no typewriter provided for the purpose, and three copies should be prepared one for record and two for supply to parties. The copies so supplied shall be treated as certified copies for any other purpose. C.L.No.62/VIIIb-281/Admn.(G) dated 6th September, 1989 The rate of supply of copies of deposition of witnesses is increased from Re. 1/- per deposition to Rs. 3/- per deposition, with effect from 1st October, 1989. C.L.No.188/VIIIb-281 dated 25th November, 1976 Further instructions for strict compliance in future are listed below:- (1) The money, for providing copies of depositions be taken by the Court in cash. (2) Each Court will maintain a register in the annexed proforma. * Note: It has been increased to Rs.3/- by following circular.