# faced in implementing the directions issued by the Court in this regard

- **Citation:** C.L.No.37/2004
- **Court:** Allahabad High Court
- **Decided:** 2004-10-12
- **Case number:** C.L.No.37/2004
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/faced-in-implementing-the-directions-issued-by-the-court-in-this-regard-162773
- **Pages:** 2

## Text

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I am, further, directed to enquire from you about the difficulties, if any, being
faced in implementing the directions issued by the Court in this regard.
(v)
Courts concern for not supplying proper clear and legible certified copy of
judgment by the subordinate courts.
C.L.No.37/2004 dated 12th October, 2004
In Government Appeal No. 1373 of 2002- State Vs. Jitendra Singh and others, the
Hon'ble Court ( Hon'ble S.K. Agarwal, J. and Hon'ble R.C. Pandey, J.) has been pleased
to observe with concern that despite standing orders of this Court regarding providing
legible typed and duly corrected copies of judgment the courts below are still not
following the directions of the Court and are issuing copy of judgments generally in hand
writing to the accused and the State for filing Govt. Appeal which is causing much
inconvenience to the Court.
Therefore, in continuation of the Court's earlier circular letter No. 3/2002 dated
10.1.2002 and no 5/2003 dated 25.2.2003, I am directed to say that the Hon'ble Court
has taken serious view of the matter and noticed that the directions of the Court in this
respect are not being followed strictly in letter and spirit. Due to non-supply of legible
typed and duly corrected copies of the judgment much inconvenience is caused to the
Hon'ble Court.

In this regard, while sending herewith a copy of the order dated 20.7.2004 passed
in the aforesaid Government Appeal, I am to request you to kindly ensure strict
compliance of the directions of the Hon'ble Court faithfully-religiously.
(vi)
In Special Police Establishment cases
C.L.No. 10/VII-b-35 dated 30th January, 1951
There is no objection to copies of judgments, depositions of witnesses, etc., being
supplied free of cost to Public Prosecutors conducting Special Police Establishment
cases, when applied for by them.
(vii)
To naval authorities
C.L.No. 25/VIIb-35 dated 28th February, 1979
Section 25 of the Navy Act, 1957 provides that a criminal court before which any
proceedings have been taken against a person in the naval service while subject to naval
law shall, on application by the Chief of the Naval staff or the Commanding Officer of
that person, grant copies of the judgment and final orders in the case free of cost and
without delay.

It is therefore directed that the copy of judgment and final order should be
supplied free of cost to naval authorities expeditiously.
(viii) Interpretation of rule 251
C.L.No. 113 dated 5th December, 1958
Rule 251, General Rules (Civil), 1957 is not meant to help an officer or
representative of the Government conducting a case to which the Government is a party.
The proper discretion of Presiding Officers to exercise in such cases will be to decline
the request for issue of a copy free of cost.
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In cases where the Government for some administrative reason wants to obtain a
copy, the Presiding Officer should exercise his discretion under the above rule in favour
of the Government.
C.L.No. 21 dated 8th April, 1966

Applications received under rule 251, General Rules (Civil) Volume I, 1957
should be treated as ordinary application for copies except when the applicant expressly
desires to get an urgent copy and the Officer-in-charge Copying Department is satisfied
that it would be in the interest of justice to treat it as an urgent application for copy.
5.
SUPPLY OF COPIES BY COURTS
(i)
Of bail orders
C.L.No. 78/VII-b-47 dated 21st May, 1971
The following directions are issued for observance in connection with the issue of
copies or orders granting bail:

The steno typist of the Sessions Judge should prepare three copies of the order
granting bail and hand them over to the Sessions Clerk by 3 p.m. The copies can be
certified as True Copies by 3.15 p.m. and a certified copy of the order granting bail can
be handed over to the Advocate for the accused person by 3.20 p.m. In case no Advocate
turns up by 3.20 p.m. to taken delivery of the certified copy of the bail order, all the three
copies shall forthwith be transmitted to the Magistrates concerned, who shall transmit
one copy of the bail order to the Superintendent of Jail and take further action in
compliance of the order passed by the Sessions Judge as and when moved. Where the
Advocate takes delivery of the copy of the bail order, the remaining two copies shall be
transmitted to the Magistrate concerned, one copy to be transmitted to the Superintendent
of Jail and the other shall be placed on record.

Where the bail order is passed in the later part of the day, action on the above
lines shall be taken as promptly as possible. When bail order is passed after 4 p.m.,
further action shall naturally be taken on the re-opening of the Court the next day.

In the case of Magistrates only two copies of the order granting bail need be
prepared, one for purposes of record and the other for transmission to the Superintendent
of Jail.

In case the accused person furnishes bonds to the satisfaction of the Magistrate, it
should be possible for him to issue the release order the same day.
(ii)
To District Magistrates
G.L.No. 40-35(a)-9(1) dated 1st October, 1942
As required by order XXXIII, rule 14 of Civil Procedure Code, 1908, a copy of
the decree in a pauper suit shall invariably be forwarded to the Collector.
C.L.No. 27, dated 19th March, 1957
Copies of judgments in which strictures are passed against police officers should
be sent to District Magistrate concerned as soon as judgment is pronounced.