# given effect to from March each year

- **Citation:** C.L. No. 102/VIII-e-89
- **Court:** Allahabad High Court
- **Decided:** 1991-11-11
- **Case number:** C.L. No. 102/VIII-e-89
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/given-effect-to-from-march-each-year-163443
- **Pages:** 2

## Text

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C.L. No. 102/VIII-e-89 dated 15th November, 1961

To avoid chances of discrimination and complaint and to ensure better and proper
defence of pauper accused a list of willing and competent lawyers be maintained and
cases should be allotted to them in rotation. The list should be revised in February and
given effect to from March each year.
C.L. No. 18 dated 18th January, 1969

Amicus curiae under rule 37, General Rules (Criminal) should be appointed at
least two weeks before the date fixed for hearing of the trial because if the amicus curiae
are appointed on the date fixed for the hearing of the Sessions trial, the trial has
necessarily to be adjourned. In case the Judge proceeds with the trial, the same day the
trial is ab initio invalid as held by the Supreme Court.
26.
SUMMARY TRIAL
C.L. No. 4 dated 3rd October, 1975

Please invite the attention of all officers under your charge to section 206 Cr.P.C.
and invite them to make use of this provision as and when occasion arises. In such cases
the accused should be told in- plain and simple language, inter alia, that if he so desires
he can plead guilty without appearing and by transmitting, before the specified date, by
post, or by a messenger, to the Magistrate such plea as well as the amount specified in the
summons.
C.L. No. 104/VII-b-108 dated 6th August, 1975

Magistrate should strictly follow the provisions of section 206(i) of the Code of
Criminal Procedure, 1973 while deciding cases under section 260 of the said Code.
C.L. No. 1 dated 14th January, 1976

In criminal cases, a very liberal use of sections 205 and 206 Cr.P.C. should be
made.
C.L. No. 4 dated 3rd February, 1976

The provisions of sections 205 and 206, Cr.P.C. should invariably be used in petty
cases. It is true that forms for section 206 are not yet available. The substance of section
206, Cr.P.C. is that the accused need not come. He may not even engage a counsel. He is
required to send the proposed amount of fine to the Court along with a plea of guilty.
This idea can be formulated in simple language so that a villager may understand and
comply. The District Judges may prepare rubber seals, containing a few sentences to
convey the idea behind section 206 and get the seals stamped on the usual summons or on
its reverse side.

Section 206 will help in improving the disposal of the officers and in executing
the policy of the legislature in saving unnecessary cost to the litigant.
C.L. No. 66 dated 11th May, 1976

The District Judges are requested to arrange rubber stamps for all the magisterial
courts, in following words:-
286
"If you desire to plead guilty without appearing in person, send written confession
along with fine by post or messenger, on or before the date fixed.

If you desire to plead guilty through pleader, he may confess and pay fine on
showing written authority from you."
C.L. No. 85/VIII b-108-Admn. (G) dated 24th November, 1984

The District Judges should see that henceforth, the aforesaid instructions are
strictly complied with by the Magistrate. If any Magistrates do not do so, it may be
treated adversely against him.
C.L. No. 13-VII d-92/Admn. (A) dated 18th January, 1978

It is impressed upon all the Magistrates that in the interest of expeditious disposal
of criminal cases, such cases, which can be tried summarily, should generally be tried
summarily.

While inspecting cases of Magistrates, the District Judges/the Chief Judicial
Magistrates are requested to verify whether the Magistrates try summarily those cases,
which can be tried summarily.
Compliance of the Provisions of Section 206 of the Code of Criminal Procedure,
1973.
C.L. No. 65/Vllb-108/Admn. (G), dated November 11, 1991
I am directed to invite your attention
to Court's Circular Letter noted on the margin
and printed at pages 457 & 459 of the book of
Circular Orders 1990 Edn, on the above
subject, and to say that in spite of repeated
instructions,
this
Court
is
receiving
complaints that the provisions of Section 206
(i) of the Code of Criminal Procedure are not
being followed by the trying, Magistrates
while deciding cases under Section 260 of the said Code causing harassment to the
accused. Thus, with a view to give quicker relief to the accused persons involved in petty
offences, the Magistrates may be directed to have the list of such cases prepared where
punishment is possible in the form of fine where after the Magistrate may call upon the
accused by a notice in writing fixing some date therein, on which if the accused pleads
guilty, his case may be disposed of on the date fixed, by imposing the sentence of fine
only. The Magistrates can make this fact of imposition of fine, only known to the
litigants in general through the lawyers by giving them the option that in case the accused
give an application whereby they plead guilty and want to got the sentence of fine only,
then on getting their files from the record room, the Magistrate, may dispose of those
matters by imposing fine only.
I am, therefore, to request you kindly to bring in the notice of all trying
Magistrates the contents of this letter for their information and necessary compliance.

1. C.L. No.4 dated 3.10.1975.
2. C.L. No. 104/Vllb-108, dated 6.8.1975,
3. C.L. No.1, dated 14.1.1976,
4. C.L. No.4. dated 3.2.1976
5. C.L. No.66, dated 11.5.1976,
6. C.L. No. 13/VIId-92, dated 18.1.1976
and
7. C.L. No. 85/VIlb-108, dated
24.11.1984.