# I am also to request you kindly to sent the figures of pending cases under the

- **Citation:** C.L.No. 31/VIIIb-287
- **Court:** Allahabad High Court
- **Decided:** 1996-06-12
- **Case number:** C.L.No. 31/VIIIb-287
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/i-am-also-to-request-you-kindly-to-sent-the-figures-of-pending-cases-under-the-163539
- **Pages:** 4

## Text

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I am also to request you kindly to sent the figures of pending cases under the
E.P.F. & M.P. Act and cases filed u/s 409/409 I.P.C., to this Court along with the
disposals during the year of 31.3.89, 31.3.90, 31.3.91, 31.3.92 and 31.3.93 on the
following proforma:-
PROFORMA
Pendency
as on
Total No. of
cases pending
No. of cases
pending less than
one year
No. of cases
disposed of
No. of cases pending
between 1 to 3 years
1.
2.
3.
4.
5.

No. of cases
disposed of
No. of cased
pending 3 years
 and
above
No. of cases
disposed of
Reasons for not disposing
of the cases mentioned in
Column No. 3,5 & 7
Remarks
6.
7.
8.
9.
10.
(xiv) Compliance of the direction of the Hon'ble Supreme Court issued in Writ
Petition (Civil) No. 1128 of 1986-Common Cause, A Registered Society v.
Union of India & others (Published in J.T. 1996 (4) SC 701).
C.L.No. 31/VIIIb-287 Admn. ̳G' Section dated June 12, 1996
While enclosing a copy of the order passed in the aforesaid Writ Petition, I am
directed to intimate you that the directions contained in the above-mentioned order of the
Hon'ble Supreme Court, be strictly complied with.
I am, therefore, to request you that the directions of the Hon'ble Supreme Court
be communicated to all the Criminal Courts in the judgeship for strict compliance and
such compliance report be submitted to the Court within three months from the date of
receipt of this communication.
Writ Petition (C) No. 1128 of 1986, dated 1.5.1996
 ̳Common Cause' a Registered Society v. Union of India, 1996 Cr.L.J. 2380
B.P. Jeevan Reddy, S.B. Majumdar, JJ.
B.P. Jeevan Reddy, J:- ―Common Cause‖, a registered society espousing public
causes has asked for certain general directions in this writ petition, preferred under
Article 32 of the Constitution of India, with respect to cases pending in Criminal Courts
all over the country. The directions asked for are:
(a)
quashing of all proceedings against persons accused of offences under the
Motor Vehicles Act where the proceedings were initiated more than one
year ago and are still pending in any Court in the country;
(b)
to direct the unconditional release of the accused and dismissal of all
proceedings pending in Criminal Courts with respect of offences under
Indian Penal Code or other penal statutes which have been pending for
more than three years from the date of their institution and for which
offences the maximum sentence provided under law is not more than six
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month-with or without fine. This direction is sought in respect of all
prosecutions whether lodged by police, other governmental agency or by a
private complaint;
(c)
directing the unconditional release of all the accused and dismissal of
criminal proceedings against persons who have been in police or judicial
custody for a period more than three years from the date of their arrest or
remand to such custody, where the offences alleged are not punishable
with more than seven years - with or without fine; and
(d)
directing the unconditional release of the accused and dismissal of
proceedings against persons accused of offences under Section 309 of the
Indian Penal Code (I.P.C.) where the proceedings have been pending in
any Court for more than one year from the date of their institution.
The petitioner has requested that the aforesaid directions should apply not only to
cases pending in Courts on the date of the passing of the order but also to cases executed
hereinafter.
Notices were directed to Union of India and the State Government of Uttar
Pradesh and Bihar and to the Delhi Administration; Counters have also been filed by
them.
We are of the opinion that the suggestions made are well meaning and consistent
with the spirit underlying Part III of the Constitution of India and the Criminal Justice
System. They deserve serious consideration by this Court and the High Courts in the
country. It is a matter of common experience that in many cases where the persons are
accused of minor offences punishable not more than three years-or even less with or
without fine, the proceedings are kept pending for years together. If they are poor and
helpless, they languish in jails for long periods either because there is no one to bail them
out or because there is no one to think of them. The very pendency of criminal
proceedings for long periods by itself operates as an engine of oppression. Quite often,
the private complainants institute these proceedings out of oblique motives. Even in case
of offences punishable for seven years or less with or without fine, the prosecutions are
kept pending for years and years together in Criminal Courts. In a majority of these cases,
whether instituted by police or private complainants, the accused belong to poorer
sections of the society, who are unable to afford competent legal advice. Instances have
also come before courts where the accused, who are in jail, are not brought to the Court
on every date of hearing and for that reason also the cases undergo several adjournments.
It appears essential to issue appropriate directions to protect and effectuate the right to
life and liberty of the citizens guaranteed by Article 21 of the Constitution. It is also
necessary to ensure that these criminal prosecutions do not operate as engines of
oppression. Accordingly, the following directions are made which shall be valid not only
for the States of Uttar Pradesh, Bihar and Delhi but for all the States and the Union
Territories:
1(a)
Where the offences under IPC of any other law for the time being in force
for which the accused are charged before any Criminal Court are punishable with
imprisonment not exceeding three years with or without fine and if trials for such
offences are pending for one year or more and the concerned accused have not been
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released on bail but are in jail for a period of six months or more, the concerned Criminal
Court shall release the accused on bail or on personal bond to be executed by the accused
and subject to such conditions, if any, as may be found necessary, in the light of Section
437 of the Criminal Procedure Code (Cr.P.C.).
1(b)
Where the offences under IPC or any other law for the time being in force
for which the accused are charged before any Criminal Court are punishable with
imprisonment not exceeding five years, with or without fine, and if the trials for such
offences are pending for two years or more and the concerned accused have not been
released on bail but are in jail for a period of six months or more, the concerned Criminal
Court shall release the accused on bail or on personal bond to be executed by the accused
and subject to the imposing of suitable conditions, if any, in the light of Section 437
Cr.P.C.
1(c)
Where the offences under IPC or any other law for the time being in force
for which the accused are charged before any Criminal Court are punishable with seven
years or less, with or without fine, and if the trails for such offences are pending for two
years or more and the concerned accused have not been released on bail but are in jail for
a period of one year or more, the concerned Criminal Court shall release the accused on
bail or on personal bond to executed by the accused and subject to imposing of suitable
conditions, if any, in light of Section 437 Cr.P.C.
2(a)
Where criminal proceedings are pending regarding traffic offences in any
Criminal Court for more than two years on account of non serving summons to the
accused or for any other reason whatsoever, the Court may discharge the accused and
close the cases.
2(b)
Where the cases pending in Criminal Courts for more than two years
under IPC or any other law for the time being in force are compoundable with permission
of the Court and if in such cases trial have still not commenced, the Criminal Court shall,
after hearing the public prosecutor and other parties represented before it or their
advocates, discharge or acquit the accused, as the case may be, and close such cases.
2(c)
Where the cases pending in Criminal Courts under IPC or any other law
for the time being in force pertain to offences which are non-cognizable and bailable and
if such pendency is for more than two years and if in such cases trials have still not
commenced, the Criminal Court shall discharge or acquit the accused, as the case may be,
and close such cases.
2(d)
Where the cases pending in Criminal Courts under IPC or any other law
for the time being in force are pending in connection with offences which are punishable
with fine only and are not of recurring nature, and if such pendency is for more than one
year and if in such cases trial have still not commenced, the Criminal Court shall
discharge or acquit the accused, as the case may be, and close such cases.
2(e)
Where the cases pending in Criminal Courts under IPC or any other law
for the time being in force are punishable with imprisonment up to one year, with or
without fine, and if such pendency is for more than one year and if in such cases trials
have still not commenced, the Criminal Courts shall discharge or acquit the accused, as
the case may be, and close such cases.
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2(f)
Where the cases pending in Criminal Courts under IPC or any other law
for the time being in force are punishable with imprisonment up to three years, with or
without fine, and if such pendency is for more than two years and if in such cases trial
has still not commenced, the Criminal Court shall discharge or acquit the accused, as the
case may be, and close such cases.
3. For the purpose of directions contained in clauses (1) and (2) above, the period
of pendency of criminal cases shall be calculated from the date the accused are
summoned to appear in the Court.
4.
Directions (1) and (2) made hereinabove shall not apply to cases of
offences involving (a) corruption, misappropriation of public funds, cheating, whether
under the Indian Penal Code, Prevention of Corruption Act or any other statute, (b)
smuggling, foreign exchange violation and offences under the Narcotics Drugs and
Psychotropic Substances Act, (c) Essential Commodities Act, Food Adulteration Act,
Acts dealing with Environment or any other economic offences, (d) offences under Arms
Act, Explosive Substances Act, Terrorists and Disruptive Activities Act, (e) offences
relating to the Army, Navy and Air Force, (f) offences against public tranquility; (g)
offences relating to public servants (h) offences relating to coins and Government stamp,
(i) offences relating to elections, (j) offences relating to giving false evidence and
offences against public justice, (k) any other type of offences against the state, (l)
offences under the taxing enactments and (m) offences of defamation as defined in
Section 499 IPC.
5.
The Criminal Courts shall try the offences mentioned in Para (4) above on
a priority basis. The High Courts are requested to issue necessary directions in this behalf
to all the Criminal Courts under their control and supervision.
6.
The Criminal Courts and all Courts trying criminal cases shall take
appropriate action in accordance with the above directions. These directions are
applicable not only to the cases pending on this day but also to cases, which may be
instituted hereafter. As and when a particular case gets covered by one or the other
direction mentioned in Directions (1) and (2) read with Direction (4) above, appropriate
orders shall be passed by the concerned Court without any delay.
The writ petition is disposed off with the above directions.
(xv)
Disposal of cases involving Economic Offences
C.L.No. 18/Admn.(A) dated March 13, 1991
I am directed to say that it has been brought to the notice of the court that the
Presiding Officers who are especially empowered under Section 11(2) of the Code of
Criminal Procedure, 1973 for deciding cases involving Economic Offences exclusively
and quickly are reluctant in deciding these cases as they involve a lot of evidence and are
time consuming. This aspect of the matter is being examined by the court and necessary
orders will be sent after a decision has been taken by the court in the matter. In the
meantime, the Court directs that the Presiding Officers who are doing cases involving
economic offences may take up the cases on priority basis and decide them an
expeditiously as possible.