# duties deliberately in submitting the Police report within time as per mandate u/s

- **Citation:** C.L. No. 23/VIII-b-249
- **Court:** Allahabad High Court
- **Decided:** 1975-02-03
- **Case number:** C.L. No. 23/VIII-b-249
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/duties-deliberately-in-submitting-the-police-report-within-time-as-per-mandate-163502
- **Pages:** 2

## Text

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within the time stipulated u/s 167 (2)(b)Cr.P.C. .The Hon'ble Court has been pleased to
recommend that all the criminal courts shall write to S.P./S.S.P. Concerned for necessary
action against an investigating officer if he is found to be wanting in discharge of his
duties deliberately in submitting the Police report within time as per mandate u/s.
167(2)(C) of Cr. P. C.
Therefore, 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
and to impress upon them to ensure compliance of the above directions of Hon'ble Court
in letter and spirit.
 (ii)
Classification and disposal of criminal cases
C.L. No. 23/VIII-b-249 dated 3rd February, 1975

For early disposal of criminal cases, Judicial Magistrates should classify all
criminal cases in various groups. Criminal cases of similar nature should be classified in
one group, i.e., petty and minor cases be classified in one group and be disposed of by
Magistrates under Section 206 of Cr.P.C. 1973.
 (iii)
Under trials
C.L. No. 17/VI-b-3 dated 27th February, 1973
C.L. 114/VII-b-3 dated 5th September, 1975

All possible efforts should be made to expedite disposal of trial of under trials in
jail so that the period spent by an under - trial in jail may be reduced to the minimum.
C.L. No. 28/VIIIh-13 dated 7th March, 1979

All the Magistrates and Sessions Judges should adopt all possible measures to
expedite the disposal of cases of under trials.
C.L. No. 90/VIIIg-38 Admn. G. dated 1st December, 1980

The District Judges should make all out efforts in disposal of cases of under trial
prisoners confined in jails for over six months, especially old cases, expeditiously.
C.L. No. 59/VIII-g-38/Admn.(G) dated 16th September, 1981

To ensure the disposal of cases of under trial prisoners within the time stipulated
in the order of Supreme Court dated 30-4-1979 passed in the case of Nimeon Sangama
and others versus Home Secretary, Government of Meghalaya and others AIR 1979 S.C.
1518 following steps should be taken:-
(a)
The criminal courts shall get a periodical list of under trial prisoners pertaining to
their courts prepared fortnightly and except in cases of murder and dacoity may
pass orders releasing the under trial prisoners who may be in jail for over six
months on bail or personal bonds as the circumstances may require in conformity
with the directions of the Supreme Court in its order dated 30.4.1979 mentioned
above.
(b)
The Chief Judicial Magistrate or the Additional Chief Judicial Magistrate should
bring to the notice of each court the cases of under trials over six months old
pertaining to the respective courts after his jail inspection to enable the respective
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courts to pass suitable orders in cases of such under trials who may be in jail for
over six months.
(c)
The following extracts from amended Section 167 Cr.P.C. should be brought to
the notice of all criminal courts for compliance. No Magistrate shall authorize
detention of accused person in custody for a total period exceeding -
(1)
90 days where the investigation relates to an offence punishable with
death, imprisonment for life or imprisonment for a term of not less than
ten years;
(2)
60 days where investigation relates to any other offences and on the expiry
of the said period of 90 days or 60 days, as the case may be, the accused
person shall be released on bail, if he is prepared to furnish bail.
(d)
The Court may, in suitable cases where the accused are indigent and unable to
furnish bail, in its discretion, release the accused on personal bond.
C.L. No. 77/S.T. AD(E) dated 8th December, 1981 and
C.L. No. 51/A.D.(E) dated 30th August, 1982

To keep proper control over the disposal of such cases the Presiding Officers
should maintain proper record of under trials involved in the cases in the enclosed
proforma.

At the end of the each quarter a statement in this proforma shall be prepared by
each Court showing the details of only such cases in which the under trial prisoners could
not be released and shall be sent to the Chief Judicial Magistrate in the case of the
Magisterial Courts and to the District & Sessions Judge in the case of the Sessions
Courts. The Chief Judicial Magistrate or the District & Sessions Judge, as the case may
be, shall cause a consolidated statement of all the Courts under him to be prepared latest
by the 8th day of the same month. Thereafter the District & Sessions Judge shall get a
consolidated statement of all the Sessions and Magisterial Courts prepared and sent to the
High Court so as to reach their latest by the 15th day of the said month.

At the time of periodical checkings, the Presiding Officers would look into the
reasons of delay in disposal of such cases where the under trial prisoners are confined in
jail and shall arrange for their quick disposal on priority basis.
(NOTE: The proforma is given under)
RECORD OF CASES IN WHICH UNDERTRIAL PRISONERS ARE CONFINED
IN JAIL
Sl.
No.
Case
No. and
names
of
 parties
Names
of
Under
Trial
prisoners
Section
under
which
charged
Maximum
sentence
(and also the
minimum
sentences, if
prescribed)
which can be
awarded for
the charge
Date
since
when
confined
in jail
Date when he crosses
half of the period of
Maximum
sentence
which can be awarded
and if the Minimum
sentence
is
also
prescribed then the date
when he crosses half of
that period
Date
of
release
1
2
3
4
5
6
7
8