# disposal of criminal appeals at the first appellate stage is not only against the mandate of

- **Citation:** C.L. No. 23/2004
- **Court:** Allahabad High Court
- **Decided:** 2004-08-23
- **Case number:** C.L. No. 23/2004
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/disposal-of-criminal-appeals-at-the-first-appellate-stage-is-not-only-against-163549
- **Pages:** 3

## Text

332
(xxix) Expeditious disposal of Criminal Appeals as also for reducing arrears of
pending cases.
C.L. No. 23/2004 Dated: 23rd August, 2004
It has been noticed that a large number of criminal appeals are pending disposal
since long in the Subordinate Courts. The Hon'ble Court expressing its utmost concern
has desired that the pending criminal appeals are taken up and decided on priority basis
to avoid unsustainable and protracted litigation in Subordinate Courts. The delay in the
disposal of criminal appeals at the first appellate stage is not only against the mandate of
Law but it also does a great injustice both to the victim and the society as also to the
assailant it is injustice to the victim and to the society.
In view of the above, the Hon'ble Court has directed and desired that the criminal
appeals be disposed of on war footing during the ̳Arrear Clearance Year 2004‖.
I am, therefore, directed to request you that the directions of Hon'ble court be
complied with in letter and spirit and the contents of the circular letter may kindly be
brought to the notice of all Judicial Officers in your Judgeship for strict compliance.
C. L. No. 52/2006 Dated 15.11. 2006.
In order to take care of the huge arrear of cases the Hon'ble court has desired that
in appropriate cases the Subordinate Judiciary must scrupulously follow the provisions of
Section 258 of the Code of Criminal Procedure, 1973 in the event police fails/neglects to
serve notice upon the accused.
Therefore, I am directed to say that ail the Chief Metropolitan Magistrates,
Additional Chief Metropolitan Magistrates, Chief Judicial Magistrates, Additional Chief
Judicial Magistrates and Judicial Magistrates working In the Judgeship under your
administrative control, dealing with petty cases, especially the Challan cases, may please
be Instructed to give limited opportunities to the police to secure presence of the accused
strictly in accordance with law and in case the police machinery fails to secure presence
of the accused, the Magistrate, except for the reasons recorded otherwise, In suitable
matters, should take steps to decide the cases relying on provisions like Section 258 of
the Code of Criminal Procedure, 1973.
I am to further request you to kindly provide to the Hon'ble Court a monthly
report of all such cases decided under Section 258 Cr.P.C. so that it may be monitored
accordingly.
C. L. No.49/2007Admin (G): Dated: 13.12.2007.
With a view to bringing heavy pendency of Criminal Cases under control, on the
recommendations of Malimath committee, Chapter XXI-A consisting of 12 Sections has
been added in the Code of Criminal Procedure which provides a self contained procedure
for implementation of the concept of 'Plea Bargaining' to be used in Criminal cases
except relating to offenses affecting the Socio economic condition of the Country. This is
a special provision where a suspect may be advised to admit a part or all the crime
charged, in return for a specified punishment rather than await trial with the possibility of
either acquittal or a more serious punishment. The Hon'ble Court has desired that in
proper cases the subordinate Courts must make application of these provisions.
333
Therefore, I am directed to request you kindly to impress upon all Judicial
Officers working under your administrative control to make maximum use of provisions
of Chapter XXI-A Cr.P.C. .
 (xxx) Timely disposal of cases.
C.L. No. 1/ Admin ̳G' /2006: Dated: 15th February, 2006
The continuing adds to the institutions together with failure to maintain
momentum by way of clearance has resulted in a disquieting increase in the pendency of
the cases. With the end in view of striking at the problem of docket explosion and to
energize the judicial system the Hon'ble Chief Justice of India is pleased to well-express
that the cases in which proceedings before the Trial Court have been stayed by Sessions
Courts/ Fast Track Courts of Session Judges, Sessions cases in Which the accused person
is in jail for more than 3 year and civil cases in which injunction/ stay have been granted
by Subordinate Courts, be identified and such cases be taken up for hearing on priority
basis ensuring an all out effort by all concerned to depose them of as far as possible,
within one year.
Therefore, the Hon'ble Court has been pleased to order that all such cases in the
judgeship under your administrative control, be immediately identified and taken up for
hearing to ensure their disposal within one year. Further monthly progress of
identification and disposal of such cases be monitored and reports be transmitted to the
Court recurrently and punctually so as to reach by 10th day of next following month, for
further monitoring of the matter.
I am, therefore, whished-for requesting, you to bring the contents of this circular
to the notice of all the judicial officers in the judiciary in your administrative authority
and take all such steps as possibly will be decisive in accomplishment of the objective.
C. L. No-31/2007: Admin 'G' Dated: 29 August, 2007.
With reference to above, I am directed to say that in the Chief Justices
Conference-2007 upon consideration of matter of speedy disposal and reduction of
arrears it has been resolved that while issuing summons to an accused, he may be
informed of the provisions of 'plea bargaining' contained in Chapter XXI-A of the Code
of Criminal Procedure.
I am, therefore to request you to kindly bring the contents of the Circular Letter to
the notice of all the Judicial Officers working under your supervisory control for strict
compliance of the directions of the Hon'ble Court.
(xxxi) Expeditious disposal of cases.
C.L. No. 4/ Admin ̳G' /2006: Dated: 15th February, 2006
The gradual increase in the institution coupled with failure to keep pace with them
has resulted in an alarming rise in the pendency of the cases. Invigorating the judicial
system to bid a go bye to the problem of docket explosion, is the bewail call of the social
order.
Colossal pendency of significantly old civil cases and criminal cases involving
petty offences including traffic and municipal challans also criminal complaint cases
334
under Section 138 of Negotiable Instruments Act has caused sombre anxiety. Therefore,
the Hon'ble the Chief Justice of India wishes that significantly old civil cases as also all
criminal cases involving petty offences including traffic and municipal challans and
complaints under Section 138 of Negotiable Instruments Act, are as for as possible, taken
up an day today basis and are disposed of without any further postponement.
As a step crucial in attainment of unqualified sense of contentment amongst the
litigants, the Hon'ble Court has been pleased to order that radically old civil cases as also
all criminal cases involving petty offences including traffic and municipal challans and
complaints under Section 138 of Negotiable Instruments Act, be, as for as possible taken
up on day to day basis and disposed of without any deferral. If need be, referred to herein
above criminal case might be assigned to all the judicial officers including Special
Judicial Magistrates/ Special Metropolitan Magistrates exercising powers of Judicial
Magistrate-first Class, in the judiciary under your administrative control. Further monthly
progress of disposal of such cases be monitored and reports be sent out to the Court
periodically and promptly so as to reach by 10th day of next following month for further
monitoring of the matter.
Therefore, I am directed to request you to take all such steps as might be
obligatory in execution of the goal.
C. L. No. 46/2006, Dated 27.l0.2006
The Hon'ble Supreme Court in marginally noted cases while laying down various
guidelines has provided that the Court seized with the matter regarding withdrawal from
the prosecution under section 321 of the Code of Criminal Procedure, in giving its
consent to the request of the State for withdrawing prosecuting has to ensure that the
public prosecutor has applied his mind independently, in good faith and the withdrawal is
in public interest. It has
been brought to the notice
of this Hon'ble Court that
the
guidelines
so
prescribed are not followed
in the spirit.
Therefore, I am directed to request you to converse to all the Judicial Officers
posted in the judgeship under your administrative control to ensure that guidelines laid
down by the Hon'ble Supreme Court are strictly followed and specific reasons are given
for exercising of powers under Section 321 of the Code of Criminal Procedure for
withdrawal of the prosecution.
C. L. No.57/2007Admin (G): Dated: 13.12.2007

The Hon'ble Court has been pleased to observe that Section 258 is included in
chapter XX of the Code of Criminal Procedure in the form of an exception to the aforesaid
normal progress chart of the trial in summons cases. By S.258, the power of Court to
discharge an accused at midway stage is restricted to those cases instituted otherwise than
on complaints. This section vivisects only "summons cases instituted otherwise than on
complaints" into two divisions. One division consists of cases in which no evidence of
material witness was recorded in which case the magistrate shall discharge the accused at
1. Sheo Nandan Paswan v. Statre of Bihar 1987 SCC 877
2. Mohd. Mumtaz v. Nandini Satpathy, AIR 1987 SC 836
3. V.S. Achuthanandan v. R. Balakrishana Pillai, AIR 1995 SC 436
4. Abdul Karim v. State of Karnataka, AIR 2001 SCC 116
5. Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734
6. Rahul Agarwal v. Rakesh Jain, AIR 2005 SC 910