# corruption, etc. from public

- **Citation:** C.L. No. 76
- **Court:** Allahabad High Court
- **Decided:** 1971-05-15
- **Case number:** C.L. No. 76
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/corruption-etc-from-public-163727
- **Pages:** 2

## Text

428
uncontested work first and then begin the contested work. It is, therefore, desirable that in
cases where adjournment is unavoidable orders for postponement, if practicable, should
be passed in the early hours of the day so as to avoid harassment or hardship to the parties
and the witnesses. In cases in which the parties do not put in adjournment applications in
the early hours and such applications are presented only when the case is called or in
cases in which the litigant does not contact his counsel well before the court hours and
the counsel being busy in other courts is not able even to draft adjournment applications
in the early hours, order of adjournment may be passed as soon as such applications are
presented.
C.L. No. 76 dated 15th May, 1971

Presiding Officers should, as far as possible, first take up cases for settlement of
issues and then the cases for interlocutory order. The cases for final hearing, i.e. for
recording evidence and hearing arguments should be taken thereafter. To minimise
harassment and inconvenience to the litigants due to frequent adjournments of cases at
the fag end of the day, the presiding officers should ascertain in the early hours of the day
as to which case would occupy him throughout the day and which cases cannot be
reached. Accordingly, the later ones including criminal cases can be adjourned in the
early hour of the day. This practice also will considerably help the presiding officers to
regulate his diary, have full control over the pending files, thereby avoiding complaints of
corruption, etc. from public.
C.L. No. 42/VIII b-181 dated 26th September, 1979
The District Judges should see that henceforth, strict compliance of the
instructions of the above noted Courts circular letters may be done by all the officers
concerned working under them, so that the litigants are not detained in court's for unduly
long hours unless necessary.
C.L. No. 112/VIII b-181 dated 26th September, 1979

In spite of the above C.Ls., it has come to the notice of the court that cause list of
the subordinate courts is still over crowded and the litigants have to wait for the whole
day at great personal inconvenience and loss of personal work. The District Judges
should see that henceforth, strict compliance of the instructions of the above noted
Court's circular letters is done by all the officers concerned so that the litigants are not
detained in courts for unduly long hours unless necessary.
C.L. No. 55/VIII b-13 dated 19th April, 1971 and
C.L. No. 74/VIII-h dated 17th May, 1974

To avoid unnecessary adjournments, a Magistrate should not fix more than four
criminal cases per day for recording of full evidence of the prosecution or the recording
of defence witnesses and arguments. A few part heard cases in which one or two
witnesses have to be examined may be listed for the days along with miscellaneous cases.
While fixing dates for the recording of evidence the Magistrates should earmark the first
date for the recording of total prosecution evidence and then they should adjourn the case
to another date for the recording of total defence evidence and arguments.
429
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