# ground for transfer)

- **Citation:** C.L. No.4
- **Court:** Allahabad High Court
- **Decided:** 1976-06-30
- **Case number:** C.L. No.4
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ground-for-transfer-163535
- **Pages:** 2

## Text

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(ii)
Cases pending for more than four years up to June 30, 1976 may be taken up on
the file of the Chief Judicial Magistrates for disposal (this is not to be treated as a
ground for transfer).
(iii)
Cases in which an accused remains absconding for more than one year may, after
due formalities under Section 299 Cr.P.C, be consigned to record room and may
not be accounted for statistical purposes.
(iv)
As far as possible, roster should be so arranged by the Magistrate that fixed days
are allotted to various police stations, according to work.
(v)
In pending cases, whenever the court considers fit, it may call for affidavits from
the doctors and the identifying magistrates or if the parties agree, to have them
examined on commission, provided that any party may call them for crossexamination.
(vi)
Time limit may be fixed for examination of witness by the parties during the trial
subject to the discretion of the court under Section 311 Cr.P.C.
(vii)
In complaint cases, use that is more liberal be made of the provisions contained in
section 205 of the Code of Criminal Procedure which enables the court, when
issuing summons, not to summon the accused in person. (C.L. No.4, dated
February 3, 1976 of Hon'ble A.J. may also be seen in this connection).
(viii) Cases should be classified according to special Acts and entrusted to a particular
officer for disposal.
(ix)
Compounding of cases, which are compoundable, should be encouraged.
C. L. No.61/2007Admin (G): Dated: 13.12.2007.

The Hon'ble Court has noticed that a long delay in disposal of Petty Criminal
Cases pertaining to Municipal Challans, Police Challans, Traffic Challans, Challans under
Weights and Measurements Act and Forest Act etc. is taking place due to the Challenging
Authorities not providing correct address of the accused in the Challans submitted before
the Courts which results in services of notices/summons on them not being affected.

Therefore, I am directed to say that the Court concerned shall send
summons/notices of all such accused persons to the Department concerned to be served
upon them.

 I am further to add that 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 .
 (xii) Postponement or adjournment
C.L. No. 81/VIII f-40 dated 25th September, 1956

The commencement of a trial of an accused should not be postponed beyond what
is a reasonable period on the ground that other persons involved in the offence are yet to
be apprehended. The attention of all the District Magistrates is invited to paragraph 55 of
the Handbook for Criminal and Revenue Courts which requires that prompt action under
317
section 87 and 88 (new sections 82 to 85) of the Code of Criminal Procedure should be
initiated against the accused who is absconding, and if he is not arrested within a
reasonable time, the court should commence the trial against the accused who is already
in custody or has appeared before it. All Magistrates should note these directions for
strict compliance.
C.L. No. 1 dated 14th January, 1976

The officers may be asked to be cautious in granting adjournments of old cases,
and even if an adjournment is granted, a short date may be fixed.
C.L. No. 51/IV h-36 dated 10th March, 1977
Witnesses present must be examined the same day.
C. L. No.67/2007Admin (G): Dated: 13.12.2007

The Hon'ble Court has noticed that exceptionally long time is being consumed by
the courts in recording the statement of the witnesses of formal nature. However, the
enabling provision of Section 296 Cr.P.C. providing for tendering of evidence on affidavit
is a departure from the usual mode of giving evidence. This would help the court to gain
the and the cost, besides relieving the witness of all that the said has to see in court only to
prove some formal points. . Therefore, the Hon'ble Court is of the view that the statement
of such formal witnesses, if necessary on some formal points, should normally be tendered
by affidavit and not by examining all such witnesses in court. If any party wishes to
examine the deponent of the affidavit, it is open to him to make an application before the
court.

Therefore, I am directed to request you to kindly bring contents of this Circular
Letter to the notice of all the Judicial Officers working under your administrative control
and supervision for compliance in right earnest.
(xiii) Complaints u/s 406/409 I.P.C. due to non-payment of workers' share of
contributions to PF/FPF and prosecution u/s 14 of the EPF & MP Act, 1952-
measure for reducing pendency of cases in the Court.
C.L.No. 44/VIIf-119/Admn.(G-2) dated August 4, 1993
I am directed to enclose herewith a copy of Government letter No. 15014/2/92-
Jus (M), dated October 22, 1992 along with its enclosure i.e. the letter No. P.O.
Case/CHT/92/18386 dated July 23, 1992 of Commissioner, Central Provident Fund, New
Delhi with the directions that the Presiding Officers working under you be apprised that
effective measures be adopted to dispose of the cases of complaints u/s 406/409 I.P.C.
due to non-payment of workers' share of contributions to PF/F.P.F. and prosecution u/s
14 of the E.P.F. and M.P. Act, 1952 and they be expedited in a measure to reduce the
pendency of such cases in the court.
I am further directed to ask you kindly to intimate Government of India in the
Ministry of Law & Justice, New Delhi, at the earliest the action taken with regard to
disposal of such cases as desired by them in their letter dated October 22, 1992, referred
to above, under intimation to the Court.