# 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-163396
- **Pages:** 2

## 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.
263
C.L. No.45/VI-h-36 dated 8th March, 1977
On each charge sheet filed in the courts, a rubber seal indicating the following
should be impressed:-
(a)
Charge-sheet received on...........
(b)
Paper sent for copying on............
(c)
Papers and copies received back on .............

Numbering of criminal cases

C.L. N0.75/VIII-8-108 Admn.(G)(B) dated 29th October, 1984
All the criminal courts should strictly comply with rule 21 and rule 91 of the
General Rules (Criminal), with regard to numbering of criminal cases.
14. COMMITTAL OF CASES
C.L.No. 60/VII-d-21 dated 16th September, 1948
On the commitment of a case by the Magistrate, a date should be fixed for its
hearing without waiting for the evidence under section 219 of the Code of Criminal
Procedure. If such evidence is not recorded by the Magistrate by the date of hearing
Sessions Judges may use their discretion and either proceed with the trial or adjourn it for
the remaining evidence only. The entire hearing is to be adjourned only in very
exceptional circumstances. It may, however, be borne in mind that after commitment the
trial in the sessions court is by no means to depend on the proceedings in the court of the
committing Magistrates.
C.L. No. 120/Vlld-68 dated 16th November, 1970
Instructions contained in G.O. No. 1166/VI-6-19-1964, dated the July 15. 1964
should be strictly followed while committing cases to the- court of Sessions keeping in
mind that the entire prosecution case is completely ready and includes the reports of the
Chemical Examiner and the Serologist where it is necessary to rely on these for deciding
the case.
Sessions Judges should, however, impress upon Judicial Magistrates that cases
should not be committed to Sessions Courts unless all the evidence and specially the
important evidence has been completed and that if in any particular case evidence under
section 219* of the Code of Criminal Procedure remains to be recorded, it should be
finished before the date fixed by the Sessions Judge for the hearing of the case.
G.L. No. 54/T, and 56/T dated 30th August, 1948
The calendar and the record of the case committed to sessions are generally sent
by committing Magistrates to the courts of sessions long after the date of commitment in
contravention of the provision of rule 35, Chapter V of the General Rules (Criminal),

 Now 1977vide notification no. 504/Vb-13 dated 5.11.83.
 This C.L. should be read in context of the charges made by Cr. P.C.of 1973