# 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-163409
- **Pages:** 3

## 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
268
proceedings gives an opportunity to the accused, on bail, to win over the prosecution
witnesses and weaken the evidence against them.
C.L.No. 156/VII-b-21 dated 21st December, 1971
Committing courts should exercise their discretion judicially while committing a
case to the court of sessions and should keep in mind the total evidence, direct or
circumstantial. If a case cannot result in conviction even though the evidence relied upon
by the prosecution is accepted it should not be sent up for trial.
18.
RECORDING OF STATEMENT U/SS 200 AND 202 Cr.P.C.
C.L. No. 6/Admn. (B) dated 1st May, 1971
In every case the statement of the complainant, u/s 200 Cr.P.C. be recorded on the
same day on which the complaint is made. Where for some good reason the statement
cannot be recorded on the same day, it should be recorded on the following day. It should
be ensured that the complainants do not have to come to the court often for this purpose
and minimum inconvenience is caused to them.
The recording of statement of witnesses' u/s. 202 Cr.P.C. should not become a
matter of routine. If the case is one in which notice shall be issued to the accused no
detailed enquiry u/s 202 Cr.P.C. need be conducted and soon after recording the
statement of the complainant notice can be issued to the accused. Where an enquiry u/s
202 Cr.P.C. is considered necessary the Magistrates must take personal interest while
recording the statements of witnesses. They can, on their own, put a few questions and
find out the status of the witnesses and also whether they had an opportunity to see the^
occurrence. By so doing a much larger number of complaints can be dismissed u/s. 203
Cr.P.C.
Further, the complaint cases should be kept pending without date only after the
accused persons have been served so that such cases can be taken at short notice
whenever necessary.
Recording of statements U/s. 200 Cr.P.C.
C. L. No.53/2007Admin(G): Dated: 13.12.2007

 The Hon'ble Court has been pleased to observe that section 200 Cr.P.C. mandates
that the substance of the information/statement only is required to be recorded by the
magistrate which should be done by him in his handwriting as that would facilitate in
pinpointing the controversy and check frivolous complaints .

Therefore, in continuation of earlier Circular letter no. 6 Admn.(B) dated 1st May
1971 , I have been directed to say that all the Magistrate working under your
administrative control may please be directed to record statements under Section 200
Cr.P.C. in their own handwriting.
I am, further, to request you to kindly bring the contents of this Circular Letter to
all the Judicial Officers working under your administrative control for strict compliance.

 This C.L. should be read in contexet of the change made by Cr. P.C. of 1973
 This C.L. should be read in contexet of the change made by Cr. P.C. of 1973
269
19.
 INSTITUTION OF SESSIONS TRIAL
C.L. No. 54/D-1950 dated 28th August, 1950
In the case of Additional Sessions Judges (Additional District Judges) not at
headquarters of a Sessions division the Government have issued a notification under
sections 193(2) (new. section 194) and 409 (new section'381) of the Code of Criminal
Procedure 1898, authorizing Additional Sessions Judges to try all cases committed by,
and hear appeals arising from judgments passed by the magistrates of their respective
districts. Notifications issued under the above provisions of the Code do not authorize
Additional Sessions Judges to receive institution of cases direct but merely empower
them to try the cases and hear the appeals after their institution in the Court Of Sessions.
To avoid inconvenience to the residents of the districts not at the headquarters of a
Sessions Division, Sessions Judges should direct an official on the staff of such courts of
Additional District and Sessions Judges to receive on their behalf sessions trials and
criminal appeals and also revisions. Sessions Judges may also pass a general order of
transfer in respect, of revisions under section 4 38(2) (new section 400) Code of Criminal
Procedure.
C.L. No.16/D-2 dated 4th February, 1952 as amended by
C.L. No. 69/26-B dated 9th June, 1952
As under rule 21 Chapter IV General Rules (Criminal), 1957 a separate series of
numbers is to be allotted to each district, a separate register in Form No. 15 should be
maintained for each revenue district in a sessions division.
C.L. No. 70/Vll-F-229/Admn.(A) dated 4th November, 1982
Sessions trials and other work may, as usual, be transferred to the courts of
Special Judges, if and when necessary to keep them fully engaged.
C.L. No. 38/Vlla-21 dated 19th May, 1984
It encloses a copy of Government letter no. Bhasa 15/VIII-9-3 (3)/84, dated
5.3.1984 along with its enclosure, a copy of the Criminal Law (Second Amendment) Act,
1983, No. 46 of 1983, and says that the provisions contained in the aforesaid Act with
regard to cruelty to married woman and dowry death, etc. should be brought to the notice
of all officers concerned, for their information and strict compliance.
(i)
Non-adjournment of the Sessions Trial by the Sessions Judges.
G.L. No. C-73/1990, dated July 26, 1990.
I am directed to say that it has come to the notice of the Court that the Sessions
Trial, after is opened, is being frequently adjourned by the Sessions Judges. This practice
is contrary to law and is also not desirable.
I am, therefore, to request that Sessions Judges may kindly be directed that the
Sessions Trials should proceed from day to day, once it is commenced and should be not
ordinarily adjourned.

 Now 1977 vide notification no. 504/Vb-13 dated 5.11.83