# INSTITUTION OF SESSIONS TRIAL

- **Citation:** C.L. No. 54/D-1950
- **Court:** Allahabad High Court
- **Decided:** 1990-07-26
- **Case number:** C.L. No. 54/D-1950
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/institution-of-sessions-trial-163414
- **Pages:** 2

## Text

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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
270
The Sessions Judges may also be directed to follow the said direction, strictly.
20.
HEARING OF CASES
C.L. No. 151/Vll-a-18 dated 28th September, 1974

Criminal courts, while taking up kidnapping and abduction cases, may consider
the desirability of conducting proceedings in camera in case they are satisfied that the
said procedure would be helpful in the dispensation of justice.
C.L. No. 104/VII-c-33 dated 30th August, 1971

In order to avoid hindrance in the rehabilitation of the deviant women, cases
under S.I.T. Act should be disposed of early.
C.L. No. 46/Vll a-19/Admn.(G) dated 4th June, 1986

The District Judges should ensure strict compliance of the provisions of section
327(2) Cr.P.C. as amended by Section 4 of Criminal Law (Amendment) Act, 1983
prescribing clearly, that the trial of cases under sections 376-376A-376B-376C, or 376-D,
I.P.C. should be held in camera, by all the concerned judicial officers.
C.L. No. 52/Vll c-9 dated 6th May, 1969

In order to obviate the difficulty of witnesses showing reluctance to depose
against Goondas in open court the presiding officers should allow increasing recourse to
trial of cases against Goondas in camera whenever it is considered necessary by the court
trying them.

In case it becomes necessary to start the trial in Jail, prior permission should be
obtained from the Court.
21.
NOTICE TO D.G.C. (CRIMINAL)
C.E. No. 77/VIIIf-11 dated 20th December, 1962
The necessity of strict compliance of the directions contained in paragraph 161
and 162 of the Legal Remembrancers' Manual regarding notice of date of hearing of
cases to Government Pleaders [D.G.C. (Criminal)], hearing of the cases on the date fixed,
cases to be taken up in succession, reasonable notice when the Presiding Officer does not
propose to attend the court on days on which criminal work is fixed etc. is impressed on
all the presiding officers.
22.
RECORDING THE AGE OF AN ACCUSED
C.L. No. 52/Vll-b-32 dated 28th September, 1954

In the first instance, each accused in a murder case at the time of his examination
by the Magistrate or the Sessions Judge should be specifically asked as to what his age is,
and that age should be recorded. If the Magistrate or the Sessions Judge suspects that the
age stated by the accused, having regard to the general appearance of the accused or some
other reason, has not been correctly stated it is either an over-estimate or under-estimate
then the Magistrate or the Sessions Judge should note his own estimate and if he
considers it necessary order medical examination of the accused about his age. If any

 Now Immoral Traffic (Prevention) Act, 1956 vide Amendment Act 44 of 1946