# months if they arrange or rearrange their cause list on the line indicated below

- **Citation:** C.L. No. 93/VII-b-103
- **Court:** Allahabad High Court
- **Decided:** 1971-05-01
- **Case number:** C.L. No. 93/VII-b-103
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/months-if-they-arrange-or-rearrange-their-cause-list-on-the-line-indicated-below-163603
- **Pages:** 2

## Text

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some or all of the accused are in jail within a reasonable period, not exceeding four
months if they arrange or rearrange their cause list on the line indicated below:

(1) All the sessions trials triable by Assistant Sessions Judges should ordinarily
be transferred to their file on receipt of the calendar and the record.

(2) If the record is not received within eight days of the order of commitment,
an explanation of the Committing Magistrate should be called for the delay and an entry
made in the remarks column of the Sessions Statement as prescribed in General Letter no.
67, dated the 18th October, 1948. At the same time, the Sessions Judge should act in
accordance with the directions contained in G.L. no. 54/T, dated the 30th August, 1948
and summon the record for fixing date, if necessary.
(3) If the pending file of sessions trials is not heavy and all the cases can be
easily decided within two months of commitment, dates should be fixed in all of them
immediately on receipt of record at the same time showing preference to cases in which
the sentence of death can be awarded, irrespective of the fact whether accused are in jail
or on bail, and giving next choice to those in which all or some of the accused are in jail.
(4)
Wherever the pending file of Sessions Judges is heavy and all the sessions
trials cannot be decided within two months of commitment, dates need not be fixed in all
of them. The cause list should, in such cases, be invariably prepared for a period of two
months only and in special cases for two and a half months. The Sessions Judge will thus
have to consider every week which sessions trials should be fixed for one more week. In
doing so, preference should always be given to cases in which the sentence of death can
be awarded, whether the accused are in jail or on bail and whether it is a new or an old
commitment.

The next choice would be for cases in which all or some of the accused are in jail.
Thereafter, sessions trials should ordinarily be fixed in order of date of commitment.

Part heard cases should ordinarily be accommodated within the cause list already
fixed and, if necessary, by adjourning or dislocating temporarily another sessions case,
preferably other than a murder case.
C.L. No. 93/VII-b-103 dated 19th December, 1973
Instructions contained in C.L. no. 6/Admn.(B), dated May 1, 1971, more
particularly in paragraph 3 thereof, regarding the keeping of criminal cases pending
without date till such time as the court is in a position to fix a date in a reasonable time,
the operation of which was suspended under C.L. no. 60, dated May 23, 1972, are put
into effect again. The latter C.L. is to be treated as withdrawn.
(5) The Sessions Judge should be strict in granting adjournments, and should
ordinarily record the statement of all the witnesses present, as indicated in G.L. No.
60/VII-d-21, dated the 16th September, 1948.
(6) It is observed that most of the adjournments are due to the absence of
witnesses and assessors. The Sessions Judge should first of all address the District
Magistrate impressing upon him the necessity of the attendance of witnesses and
assessors on the date fixed and of the return of processes ordinarily a week before the
dates fixed. If, however, this does not have the desired effect, they should themselves
351
take legal steps to secure their attendance. At the same time, instances of such
adjournments should be brought to the notice of the Court when considered necessary.
C.L. No. 123/VII-b-68 dated 7th October, 1971
Delay in disposal of cases can be avoided to some extent if summonses are served
well in time and the witnesses turn up on date fixed. A monthly statement showing the
number and percentage of summonses not returned after service, the number of witnesses
who did not turn up and the time of the court wasted due to non - appearance of the
witnesses duly scrutinized by the District Judge should be sent to the Court regularly on
or before the 10th of every month. The time wasted due to non-appearance of witnesses
may also be entered in the daily sitting register.
(7) All the working days, excluding Saturdays if wanted for miscellaneous work,
should be devoted to sessions work whenever it be heavy. Criminal appeals in which
accused persons are in jail may also be heard according to convenience on the days
indicated for sessions work.
C.L. No. 32/VIII-a-14 dated 7th April, 1956
A criminal appeal, in which an advocate practicing in the High Court is expected
to appear, may if the Sessions Judge so wishes be fixed for hearing on a Saturday.
C.L. No. 73/VIII-a-14 dated 12th May, 1971
The instructions contained in G.L. No. 73/VIII-a-14, dated October 29, 1948
regarding fixation of dates for the trial of sessions cases should be strictly followed.
Preference should be given to cases in which death sentence can be awarded. Cases in
which the accused is in jail should be given priority over cases in which accused is on
bail. Proceedings should be well controlled so that cases may be disposed of according to
the time schedule prescribed without granting unnecessary adjournments.
G.L. No 73/VIII-a-14 dated 29th October, 1948 as modified by
G.L. No. 7/VIII-a-14 dated 12th February, 1949 and
C.L. No. 55/VIII-a-14-49 dated 26th August, 1949 and
C.L. No. 80/VIII-a-14 dated 25th November, 1949
(8) Urgent civil work may also be taken up on working days where it is felt that
irreparable loss would otherwise be suffered by a party or where, under the rules or
orders of the Government or the Court, cases are required to be expedited or decided
within a prescribed period.
As far as possible, Divorce, Testamentary and Guardianship cases should be done
on Saturdays along with other miscellaneous work.

(9) For the time an Additional Sessions Judge is posted at the station, very few
sessions trials at the most, two or three a month for each Judge should be transferred to
the file of Assistant Sessions Judges working under the District Judge so that they may be
able to devote the greater part of their time to civil work.