# more than three years where charges have already been framed

- **Citation:** C.L. No. 40
- **Court:** Allahabad High Court
- **Decided:** 1958-04-11
- **Case number:** C.L. No. 40
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/more-than-three-years-where-charges-have-already-been-framed-163617
- **Pages:** 2

## Text

354
directed to ascertain the position of the Sessions tribal cases pending in judgeship for
more than three years where charges have already been framed.
You are, therefore, requested to furnish the following information by
Fax/Special messenger by 23.12.2000.
1.
Number of Sessions cases pending for trial for more than three years from
the date of framing charge. The list shall indicate the date of framing of
charge the date of commencement of examination of witnesses the reason
for adjournment and total number of adjournments.
2.
Whether section 309 Cr.P.C. is followed in letter and spirit and if not
why?
3.
Whether there is due service of summons in time and if not whether S.S.P.
concerned is informed and if so. Whether any reply is received?
4.
Whether any case has been adjourned for examination of the investigating
officer and other official witnesses and whether S.S.P. concerned has been
informed and if so. Whether any reply has been received from him?
5.
Whether Trial Judge adjourned for examination of the investigating officer
and other official witnesses and if so, what is the total number of such
cases and since how long those are pending and whether any reply has
been received from him?
6.
Whether the circular of this court referred to above has been
communicated to all the officers of the subordinate court by the District
Judge concerned?
48.
APPEALS UNDER SECTION 476,* CRIMINAL PROCEDURE CODE
C.L. No. 40 dated 11th April, 1958
Appeals under section 476 (new section 340) Criminal Procedure Code are heard
by a Civil, Criminal or Revenue Court depending upon the court from whose order the
appeal is filed. All such appeals should not be entered in the register of appeals in Form
no. 13 of the General Rules (Criminal), 1957, maintained in Criminal Courts.
Appeals from orders of criminal courts under section 476, (new section 340)
Criminal Procedure Code only should be shown in the register in Form no. 13 of the
General Rule (Criminal), 1957.+ Other appeals under section 476-B (new section 341)
Criminal Procedure Code should be shown in the register of Miscellaneous Appeals
(Form no. 81) of General Rules (Civil), 1957+.
49.
APPEALS UNDER SECTION 124-A OF THE INDIAN PENAL CODE
AND SECTION 110 OF THE CODE OF CRIMINAL PROCEDURE
G.L. No. 20/18B dated 2nd May, 1932

* Note: Now Section 340 Cr.P.C.

+ Note: Now 1977 vide Notification No. 504/Vb-12 dated 5.11.1983
355

When the offence is of such a nature that the appellant may be a source of danger
to the public, as in the case of an offence under section 124-A and other seditious
activities or a case under section 110 of the Code of Criminal Procedure, the appeal
should be disposed of with the least possible delay even if the appellant has for some
special reason been released on bail.
50. FORMS AND RULES IN GENERAL RULES (CRIMINAL)
C.L. No. 112 dated 28th August, 1975
All the courts are to follow the rules and forms prescribed in General Rules
(Criminal) with such modifications as may be necessary for regulating the practice and
proceedings of their courts.
51. INSPECTION OF RECORD IN CRIMINAL CASES
C.L. No. 96/VIII-42 dated 28th September, 1970

Under rule 139 of General Rules (Criminal)) 1957+ a separate register for making
entries with respect of inspection in criminal cases only should be maintained in Form
No. 6 of General Rules (Civil), 1957.
52.
COMPLIANCE OF HIGH COURT'S JUDICIAL ORDERS
G.L. No.2/VIII-b-6-30 dated 5th May 1943 read with
C.L. No. 45/VIII-a dated 4th May, 1953

A certificate that the judicial order of the High Court exercising criminal
jurisdiction has been complied with and necessary action taken must be sent by lower
criminal courts invariably to the High Court in every case.
C.L. No. 41/VIII-a-30 dated 28th May, 1965
In addition to the certificate mentioned above a quarterly statement, showing
compliance and reasons for non-compliance of the Court's orders should be sent to the
Court by the end of the month following the quarter in question. Further, as soon as in
compliance with the order to surrender to bail, the accused has surrendered or is arrested,
the fact should be communicated by the Sessions Judge the District Magistrate or vice
versa before whom the convict has surrendered or has been produced after arrest.
C.L. No. 88/Admn.(B) dated 1st June, 1974

Chief Judicial Magistrates must make prompt compliance of all judicial orders
issued by the Court.
C.L. No. 165/VIII-h-37 dated 17th November, 1977

The District judges should see that notices or warrants in habeas corpus petitions
sent to them for service are given top priority for expeditious service and to ensure that
the compliance reports are sent to the Court within time, by registered post A.D.

+ Note: Now 1977 vide Notification No. 504/Vb-12 dated 5.11.1983