# inquiries into cases triable by courts of sessions has been altered by the Amendment Act

- **Citation:** C.L. No. 118/VIII-a-99
- **Court:** Allahabad High Court
- **Decided:** 1974-08-06
- **Case number:** C.L. No. 118/VIII-a-99
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/inquiries-into-cases-triable-by-courts-of-sessions-has-been-altered-by-the-163408
- **Pages:** 1

## Text

267
and it is on the basis of this consideration and the evidence given before him by the
witnesses to the actual commission of the offence alleged that he decides to commit the
case to the court of session. He is therefore, in the best position to know who will give
evidence for the prosecution in the sessions court. If he cannot obtain a complete list of
witnesses from the documents referred to in section 173 he may consult the public
prosecutor; but the duty of ascertaining who will be the witnesses for the prosecution' in
the sessions court is his and must be performed by him. He must state in the calendar the
names of the witnesses to the actual commission of the offence examined by him and gist
of the evidence given by them; he must also mention the remaining witnesses to be
examined for the prosecution including formal witnesses and state what they are likely to
depose about. It is not enough to state in the calendar that a particular witness is a formal
witness or that he will give formal evidence; the gist of the evidence to be given by him
should be stated, for example, that he will prove the identification proceedings or
confession or dying declaration or carrying the dead body for post mortem examination
and so on. If he has considered all the documents referred to in section, 173 he must
know what evidence they are likely to give for the prosecution. Though the law regarding
inquiries into cases triable by courts of sessions has been altered by the Amendment Act
(No. XXVI of 1955), there is no alteration in the rules regarding preparation of the
calendar. The attention of all the District Judges and District Magistrates is drawn to rule
35 in the General Rules (Criminal), 1957 which requires that the entries under heads 9
and 11 of the calendar must be full and accurate.
Their attention is also drawn to the new section 510-A of the Code which should
be used in appropriate cases. In sessions inquiries also Magistrates may accept evidence
of formal witnesses by affidavit: When they do so, the fact that the witness has given
evidence by affidavit should be stated in the calendar and the affidavit should be marked
with an exhibit number and included among the documents.
C.L. No. 118/VIII-a-99 dated 6th August, 1974
Under rule 35 of General Rules (Criminal) the committing Magistrates shall
continue to send along with the record of the case a calendar in the prescribed form (Part
IX, No. 3) to the court of sessions as they have been doing prior to the commencement of
the Code of Criminal Procedure, 1973. The words "examined in this court" shall,
however be ignored from head no. 11 of the form in view of Section 209 thereof.
C.L. No. 6 dated 19th January, 1965
The Sessions Judge on receipt of calendar from the committing Magistrate will
carefully scrutinize in the presence and with the help of D.G.C. (Criminal) and eliminate
such witnesses as are unnecessary for the trial and only such witnesses as are considered
necessary for trial be summoned.
C.L. No. 77/Vll-b dated 5th November, 1973
Committing courts should finalize the committal proceedings expeditiously so
that .the disposal of criminal cases is not unnecessarily delayed. Delay in committal

 Now 1977 vide nitification no. 504/Vb-13 dated 5.11.83
 Now 296 Cr.P.C. 1973