# District Judges should inform the Court the total number of cases under the Motor

- **Citation:** C.L. No. 82/Admn.(A)
- **Court:** Allahabad High Court
- **Decided:** 1979-12-21
- **Case number:** C.L. No. 82/Admn.(A)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/district-judges-should-inform-the-court-the-total-number-of-cases-under-the-163513
- **Pages:** 2

## Text

311
C.L. No. 82/Admn.(A) dated 23rd July, 1979

District Judges should inform the Court the total number of cases under the Motor
Vehicles Act pending in their districts, the number which can be tackled with the aid of
section 130* (Now Section 208 M.V. Act 1988) of Motor Vehicles Act and the
requirement of clerks and funds. The following scheme is to be put in effect:-
1. The Magistrates dealing with the cases under the Motor Vehicles Act shall
tentatively fix the amounts of fine imposable for the various offences. They
shall, so far as possible, be uniform among the various Magistrates deciding
such cases. The District Judge may informally meet the Magistrates to
canalize this.
2. Five copies of the notice under section 130* of the Motor Vehicles Act are to
be prepared in respect of each case. One of the notices is to be sent through
the Police agency; the second notice is to be sent by registered A.D. post; third
and the fourth copies to be sent to the A.R.T.O. (Enforcement) concerned for
onward transmission to the R.T.O. concerned and the fifth copy shall remain
on the file of the case.
3. To facilitate the work of the transport authorities, the notices may be sorted
out R.T.O. office wise and sent in separate bundles along with lists of the
notices. The R.T.O. concerned would serve the accused and then return to the
court one of the notices in token of service.
4. Normally two-month long dates shall be fixed in the notices.
5. The accused may deposit the amount of fine indicated in the notice either
through a crossed bank draft or money order or in cash in the court.
6. If the fine amount is received in the court by the date mentioned in the notice,
the case shall be closed by the Magistrate. If the fine amount is not deposited
by the said date and the accused does not appear on that date, the court shall
take recourse to processes compelling attendance as provided in the law. If the
accused appears and contests the case, the case may be decided on merits.
7. A separate register shall be maintained for entering of the fines received in
Motor Vehicles Act cases. The money orders etc., shall be received by the
Presiding Officer himself and each entry of deposit in the register shall be
initialed by the Presiding Officer.
(viii) Petty cases
C.L. No. 77/IV h-36 dated 28th May, 1976
(i)
Offences punishable with imprisonment for 2 years or less are to be
treated as petty offences.
(ii)
The Magistrate should dispose of a petty criminal case within 30 days of
the submission of the charge sheet.

* Now Section 208 M.V. Act, 1988
312
C.L. No. 150/VII-c-3 dated 27th December, 1979

It invites attention to section 9 of the Uttar Pradesh Criminal Law (Composition
of Offences and Abatement of Trials) Bill, 1979 which has been notified as U.P. Act No.
35 of 1979 published in U.P. Gazette Extra-ordinary as Government Notification No.
3378/XVII-v-1-37/78 dated December 21, 1979 on the same date and says that all the
criminal courts should take immediate action in accordance with the aforesaid provision.

The provision of section 9 of the aforesaid Act is quoted below for ready
reference:-
Section 9 - Notwithstanding anything contained in any other law for the time being in
force -
(1)
the trial of an accused for -
(a) an offence punishable under -
(i) the Motor Vehicles Act, 1939; or
a.
the Public Gambling Act, 1867, not being an offence punishable
under Section 3 of that Act or an offence in respect of wagering
punishable under Section 13 of that Act; or
(ii) Section 34 of the Police Act, 1861, or
(iii)Section 160 of the Indian Penal Code, 1860; or
(b) any other offence punishable with fine only, or
(2)
a proceeding under section 107 or section 109 of the Code of Criminal Procedure,
1973, pending before a Magistrate on the date of commencement of this Act from before
January 1, 1977 shall abate.

Every criminal court should pass order of abatement immediately and intimation
of order may be given either by post or on the date fixed in the case.
As modified by C.L. No. 51/IV h -36 dated 10th March, 1977

In petty cases, where the facility of stenographer is available, the Presiding
Officer should be encouraged to dictate judgment in open court.
C.L. No. 8/IV f-80 Admn. A dated 18th February, 1981

Magisterial courts should try to dispose of cases involving petty offences on
priority basis, so that the number of pending criminal cases may be reduced and for this
purpose, they may have mixed cause list in which cases involving serious and petty
offences should both be fixed daily.
C. L. No-36/2007: Admin 'G' Dated: 29 August, 2007.

Taking stock of the staggering pendency of criminal cases the Hon'ble Court has
decided that urgent Steps are required to be taken for reduction of arrears and speedy
disposal of cases and consequently has resolved that Cases involving petty offences,
including traffic and municipal challans, be transferred to the Court of special
Metropolitan Magistrates/ Special judicial Magistrates.

Therefore, in continuation of earlier court's circular letter no. 47/Admin. ̳G'/2006
dated Feb. 15th, 2006 I am directed to say that the cases involving petty offences,