# INTENDED ARREST OF A PUBLIC SERVANT

- **Citation:** C.L. No. 83/VIII-b-10
- **Court:** Allahabad High Court
- **Decided:** 1974-04-01
- **Case number:** C.L. No. 83/VIII-b-10
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/intended-arrest-of-a-public-servant-163386
- **Pages:** 2

## Text

256
8.
INTENDED ARREST OF A PUBLIC SERVANT
C.L. No. 83/VIII-b-10 dated 7th September, 1953
Whenever there is an occasion to give notice of the intended arrest of a
Government servant under rule 13*. Chapter III, General Rules Criminal, 1957,** to the
Head of his Office or Department, an informal letter should be sent on the lines indicated
below ;-
Dated
 date of 19
In the course of the hearing of the case noted on the margin, it has been decided
to issue a warrant of arrest against Sri.............. (Name)
.........(Designation) who is serving under you. He is an
accused/ witness in the said case. Before issuing the
warrant I consider it necessary to inform you so that
you may be able to make proper arrangement for the
discharge of government work and relieve him before the warrant of arrest is issue.
You may kindly arrange to relieve Sri.................... with as little delay as possible
and inform me when I may expect him to be so relieved.
Yours sincerely,
(Signature of the Presiding Officer of the Court)
9.
DYING DECLARATIONS AND IDENTIFICATION PROCEEDINGS
C.L. No C. L.61/Admn. (B) dated 24th April, 1974 and
C.L. No. 70/Admn. (B) dated 7th May, 1974 (modified)
Recording of dying declarations and identification proceedings should continue to
be done by the Executive Magistrates as was done by them prior to April 1, 1974, and
that the Judicial Magistrates need not do this work.

*
Now rule 14.
**
Now 1977 vide notification no. 504/Vb-13 dated 5.11.83

Case No.........................
Of....................................
V....................................
In the Court of
257
10.
 PRESERVATION OF IDENTIFICATION MEMOS
C.L. No. 45 dated 19th August, 1960
All Magistrates, Sessions Judges, Additional District and Sessions Judges and
Assistant Sessions Judges should note that the identification memos particularly in
dacoity cases are important documents.
By constant and careless use in subordinate courts, those memos are sometimes
reduced to tatters by the time they reach the High Court in appeal or revision. The result
is that the most important information required by the Court is not available on the
record.
They should, therefore, take proper care to see that the identification memos are
properly preserved.
11. CHEMICAL EXAMINER'S REPORT
C.E. No. 44/VIIb-53 dated 11th August, 1964
Para 14 of Annexure V of the Hand Book for Criminal and Revenue Courts
enjoins upon the Police to send all articles suspected to be stained with human blood in a
case under investigation, to the Magistrate within 2 4 hours of recovery and the latter
should send the same to the Chemical Examiner within 24 hours of their receipt from the
Police.
It is also added that no case should be committed to the court of Sessions, until
the entire prosecution case is completely ready and includes the reports of the Chemical
Examiner and the Serologist where it is necessary to rely on these for deciding the case.
If a case is committed without these reports the Sessions Judge would proceed with the
case on the assumption that these reports are not needed for deciding the case.
C.L. No. 168/Vllb-53 dated 28th October, 1976
The Magistrate should dispatch authority letter to the Chemical Examiner and
Serologist, expeditiously.
12.
Medico Legal Report
C.L. No. 62 dated 18th July, 1968
The procedure decided upon with regard to disposal of reports of medico-legal
analysis with a view to lessen the time taken to reach the reports to the courts is that the
original copy of the report will be sent to the original sender (S.Ps., Chief Judicial
Magistrates, Munsif Magistrates, etc., as the case may be) while a copy will be sent to the
Chemical Examiner concerned. In case of non-receipt of or mislaying of the reports, the
courts concerned should contact the original sender and the Chemical Examiner
concerned and the Chemical Examiner will correspond with the Department of Serologist
and Chemical Examiner to the Government of India, 3, Kyd Street, Calcutta-16. If the
report has been mislaid, the Chemical Examiner will supply the copy lying with him to
meet the emergency and will ask the Serologist to replenish the report. In case the report
has been received by the court concerned through a channel other than the original sender
an intimation to that effect should be sent to the Serologist. All correspondence to the
Serologist should be routed through the Chemical Examiner concerned.