# non-appearance on the date fixed may be avoided

- **Citation:** C.L. No. 48/VII
- **Court:** Allahabad High Court
- **Decided:** 1973-05-30
- **Case number:** C.L. No. 48/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/non-appearance-on-the-date-fixed-may-be-avoided-163494
- **Pages:** 2

## Text

296
 (v)
Government Servants
C.L. No. 48/VII b-68 dated 30th May, 1973

Summonses should be sent in case of government servants locally posted either
through Police or through other serving agency, so that signed acknowledgement on one
of the files is received back in the court in time. Simultaneously, information or another
copy of the summons should also be sent to the Head of the Department or office so that
non-appearance on the date fixed may be avoided.
C.L. No. 126/IV-g-3 dated 14th December, 1951
The summoning of District Election Officers and Returning Officers to give
evidence outside the district their posting dislocates election work. Sessions Judges and
Assistant Sessions Judges may, therefore, consider the advisability of not summoning
District Election Officers and Returning Officers to give evidence outside their districts
up to the end of the general elections to enable them to devote their whole time to the
proper discharge of their duties connected with the elections. If it is found absolutely
necessary to examine any particular officer, Sessions Judges may consider the possibility
of examining him on commission or, of recording his evidence on one day in all the cases
in which his attendance might be required before the end of the general elections.
C.L. No. 83/VIId-41 dated 8th September, 1961
When the officers of the Regional Passport Office or staff working under them
situated at Delhi, Calcutta, Bombay, Madras and Lucknow are required to appear in
courts of law in connection with cases arising out of forgery of passports and documents
have to be produced and testified to, summons may be sent to the Regional Passport
Officers to depute any competent person from their staff and officials may be summoned
by name only when their personal attendance is considered essential.
C.L. No. 96/VIII b-16 dated 10th August, 1979
The summonses for service may be sent to Government only when all possible
efforts to find out the address of the witnesses at the local level have failed; and in the
event, a summons is sent to the State Government it should be ensured that the State
Government has at least about a fortnight at its disposal to effect service. The summonses
should contain the full name and designation of the Officer issuing the summons with a
legible seal of the court.
C.L. No. 85/VIII b-16 dated 29th October, 1980

It invites attention of all Presiding Officers to the Courts Circular letter aforesaid
and directs them to comply with the instructions contained therein strictly, failing which
serious action will be taken against them.
(vi)
Examination on commission of officers of the Mint etc.
C.L. No. 1791/38-a-2 dated 24th April, 1923 read with
G.L. No. 26/VII-b dated November, 1950

When the evidence of an officer connected with the Mint or the Currency
department is required as to the genuineness or spuriousness of a coin or currency note, it
297
must be remembered that Sessions Judges and Magistrates can always send the coin or
note to the Mint Master, or the Commissioner of Paper Currency, Calcutta as the case
may be under cover of their court seal or by a messenger whose evidence can afterwards
be taken and at the same time issue a commission of the examination of such officer as a
witness under the provisions of section 503 of the Code of Criminal Procedure. This
would prevent the great inconvenience of officers being called away from their duties
unnecessarily. In special cases, a careful discretion is to be exercised, regard being had to
the above considerations.

Sessions Judge, District Magistrates and courts subordinate to them may
consider the question of examining officers of the Indian Security press (Stamp press)
Currency Notes Press and the Central Stamp Stores, whose evidence may be required in
a case on commissions under Section 503 of the Code of Criminal Procedure. It is,
however made clear that the power to issue commission is discretionary and should be
exercised judicially after considering the circumstances of the case and the objection of
the accused, if any.
(vii)
Commission for examination of witnesses in Pakistan
C.E. No. 44/VIII-b-31 dated 29th July, 1963

The Central Government in pursuance of sub-section (3) of section 504 of the
Criminal Procedure Code 1898 read with section 137 of the Army Act, 1950 directs that
commission from the Judge Advocate General of the Army, or the Chief Legal Adviser
of the Air Force, at the instance of Courts Martial in India for the examination of
witnesses in Pakistan shall be issued in the Form annexed (to the C.E.) to the Court of the
D.M. or Magistrate of the 1st Class within the local limits of whose jurisdiction in
Pakistan the witness resides and that such commission shall be sent to the Ministry of
External Affairs, Government of India, new Delhi, for transmission to the court
concerned.
(viii) Appearance of police officials in courts as witnesses.
C.L.No.65/VIIb-9 Dated: Allahabad: 14.6.79
It has come to the notice of the court that summonses for the appearance of police
officials/officers who have been transferred from the district are being sent to police
headquarter, Allahabad for service and return. As no register of transferred police
officials or officers is maintained at the police, Headquarter is unable to such summonses.
The D.I.G., Police head-quarters, Allahabad has issued a circular letter to all
S.P.S. that they should maintain record of all police officials/ officers transferred from
their district to other district so that the public prosecutor may be in a position to inform
the court about the latest address of police officers/officials.
I am, therefore, directed to say that henceforth summonses requiring appearance
of transferred police officers or officials as witness should instead of being sent to the

 Now Section 284 of Cr.P.C.1973
 Now The Chief Judicial Magistrate.
 Now Section 285 of Cr.P.C.1973
 Now Section 284 of Cr.P.C.1973