# by commissioners appointed by the court

- **Citation:** C.L. No. 25/2009/Admin
- **Court:** Allahabad High Court
- **Decided:** 2009-05-16
- **Case number:** C.L. No. 25/2009/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/by-commissioners-appointed-by-the-court-163394
- **Pages:** 1

## Text

262
Evidence of experts of Forensic Science Laboratories in civil matters, to be recorded
by commissioners appointed by the court.
C.L. No. 25/2009/Admin. ̳G-II': Dated: May 16, 2009

While enclosing a copy of the Circular Letter No. ROC No. 5924/OPCELLE/2003 DT. 22.12.2003 issued by the Hon'ble High Court of Andhra Pradesh on the
above subject, the Government of India, Ministry of Home Affairs, Directorate of
Forensic Science vides Letter No. CFI/19(2)/2004 dated 27.09.2004 has brought to the
notice of the Hon'ble Court that the time of the experts working in the Forensic Science
Laboratory is very precious and the same can be conserved by requesting for appointing
commission in civil cases for recording their evidence in laboratory itself and has
requested for issuance of a Circular Letter similar to the one issued by the Andhra
Pradesh High Court.

Upon consideration of the above request, the Hon'ble Court has desired that a
direction be issued to all the Judicial Officers of the State to take recourse to issuance of
the commissions for recording the evidence of the Scientific Experts in Civil Cases
wherever it is necessary, instead of summoning them to courts, by following the
provisions of Order XXVI Rule 10-A and newly introduced provision of Order XXVI
Rule 4-A under Act 22 of 2002, Civil Procedure Code in particular.

While enclosing a copy of the above Government Letter dated 27.9.2004, I am
directed to request you to kindly bring the contents of this Circular Letter to the notice of
all the Judicial Officers working under your administrative control for strict compliance.
13.
CHARGE-SHEETS AND FINAL REPORTS
As modified by C.L. No. 51/IV h 36 dated 10th March, 1977
Charge sheets should be accepted even though they have been filed without
copies of documents, but they should invariably be accompanied by the original
documents. The receipt of every charge sheet shall be acknowledged by the ahalmads.
C.L. No. 88/Vll-b-107 dated 8th July, 1975
Summonses should not be issued to the accused until the charge sheets are
received in the courts from the police.
C.L. No. 96/Vll-b-21 dated 19th July, 1971
Magistrates should pass orders on final reports submitted to them by the Police
within one month of their submission.
C.L. No. 10/VII-c-/25/Admn. (G) dated 24th January, 1986
Attention of all the Presiding Officers is invited to the judgment of Supreme
Court in the case of Bhagwant Singh v. Commissioner of Police, reported in A.I.R. 1985
S.C. 1285 regarding issue of notice to the informant in cases where the Magistrate to
whom a report is forwarded under Sub-Sectioned) of Section 173, decides not to take
cognizance of the offence and to drop the proceedings or takes the view that there is no
sufficient ground for proceeding against some of the persons named in the F.I.R.