# circular letters and the purpose of passing these circular letters has become ineffectual

- **Citation:** CL No. 3
- **Court:** Allahabad High Court
- **Decided:** 2006-05-04
- **Case number:** CL No. 3
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/circular-letters-and-the-purpose-of-passing-these-circular-letters-has-become-163551
- **Pages:** 2

## Text

336
CL No. 3 dt. 15.2.2006 (21) CL No. 7 dt. 20.2.2007] I am desired to communicate that
the Hon'ble Court has noticed with dismay that the Subordinate Courts are not paying
adequate attention in carrying out the instructions issued by the Hon'ble Court in these
circular letters and the purpose of passing these circular letters has become ineffectual.

I am, therefore, desired to communicate to you kindly to impress upon the
Judicial Officers working under your supervision & control in the judgeship to ensure
strict compliance of the directions issued by the Hon'ble Court in the marginally noted
circular letters.
(xxxiii) Number of under trial prisoners together with the period of their

detention and the status of their trial.
C.L.No.16/ VIIIh-/2006; Dated: 4 May 2006
Recently the court noticed number of instances of under trial prisoners
languishing in jails for a few decades. Such wretched cases illustrate the
inconsiderateness of the justice delivery system and portray a rather dreary image of its
functioning, having direct crash on human and constitutional rights of the prisoners. The
court is of the considered view that regular monitoring of the progress of the under trial
prisoners by the court itself and efficient inspection actually and meticulously
investigating the number of under trial prisoners together with the period of their
detention and the status of trial might help in avoiding the stoppable like hood of having
such inopportune and forgotten under trial prisoners as well expediting the trial of such
prisoners.
Therefore, I am directed to request you to kindly regular and valuable scrutiny of
the progress of the trial of under trial prisoners by the courts under your administrative
control I am further directed to demand that while making joint inspection of the Distrilct
Jail under courts Circular Letter N0. 82/VIIIf-9/Inspection Section dated 12.9.1994 make
concrete and painstaking analysis of the number of under trial prisoners. Further also the
chief Judicial Magistrate/ Additional Chief Judicial Magistrate authorized to ascertain the
position of the under trials under court's G.L. No. 38/Admin (B) dated 9th Dec. 1968 read
with the Court's C.L.No.198/Admin. dated 10.12.1976 be directed to craft substantial
and conscientious analysis of the number of under trial prisoners together with the period
of their detention and the status of trial still further neatly typed Quarterly report in regard
to the number of under trial prisoners together with the period of their detention and the
status of their trial as well method of steps taken to accelerate the of such prisoners be
recurrently sent so as to reach the Deputy Registrar (Administration) by the 10th day of
the opening month of each next following quarter.
33.
MEDICAL EVIDENCE BY AFFIDAVIT
C.E. No. 88 dated 31st May, 1976

Evidence of medical witnesses may be tendered by means of affidavits which
should necessarily contain a detailed description of the injuries, the nature of weapon by
which such injuries could be caused and the duration of the injuries, etc. and the
affirmation of the witness that he had prepared the injury report in his handwriting and
that the original was before him and that it bore his signature.
337
As modified by C.L. No. 51/Ivh-36 dated 10th March, 1977

Documents like report of the Civil Surgeon, identification memo, etc. should be
used in evidence without examining the witnesses who had prepared them.
Examiner of questioned documents
C.L. No. 76/IX f-16 dated 26th May, 1976

It invites attention to the provisions of section 293 Criminal Procedure Code,
1973, (Act II of 1974) specially to its sub-section (2), and the court desires that the
Director, Forensic Science Laboratory, as expert witness, may not be summoned for
examination in criminal cases in the ordinary course.
C.L. No. 11/VIII-b-39 dated 6th February, 1954

In every case in which it is necessary to examine the Examiner, the court should,
before issuing a summons to him, consider if his personal attendance can be dispensed
with without causing hardship or injustice to any party. If the court is satisfied that no
such hardship or injustice would be caused, it should dispense with his personal
attendance.

In this connection a reference is invited to paragraphs 12 and 13 of the rules
regulating the application for, and payment for the services of the Government Examiner
of questioned Documents sent to all District Judges with Government endorsement no.
1986/VI-872-1953, dated the 22nd August, 1953 and to section 284 (since repealed by
Cr.P.C., 1973) of the Code of Criminal Procedure, 1898.
Chemical Examiner
C.L. No. 32/76-53 dated 28th February, 1974
The Chemical Examiner to Government of Uttar Pradesh has been redesignated
as ―Chemical Examiner and Serologist to Government, Uttar Pradesh‖.
C.L. No. 108/VII-b-53 dated 22nd August, 1975

Material exhibits should be sent to the Chemical Examiner and Serologist for
examination only when it is very essential for the disposal of criminal cases.
C.L. No. 86/VII-b-53 dated 25th August, 1970

When a Magistrate decides that a reference to the Chemical Examiner is required
in the course of any proceedings under the Criminal Procedure Code, he shall
immediately, in Form no. 1, call on that officer for a report and shall request the Chief
Medical Officer or the Officer in civil medical charge by endorsement to Form no. l to
forward to the Chemical Examiner the substance of which analysis is required. All
poisons used as exhibits, when no longer required, shall be returned through the Chief
Medical Officer to the Chemical Examiner for disposal.
C.E. No. 22/VII-b-53 dated 20th March, 1972
The provisions of paragraphs 756 and 757 of U.P. Medical Manual and
paragraphs 2 and 3 of Annexure 5 to the Handbook for Criminal and Revenue Courts
should be strictly followed by all the Judicial Magistrates to avoid delay in the report of
the Chemical Examiner.