# of commitment. This is highly objectionable

- **Citation:** C.L. No. 151/VIIIa-99
- **Court:** Allahabad High Court
- **Decided:** 1971-07-19
- **Case number:** C.L. No. 151/VIIIa-99
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/of-commitment-this-is-highly-objectionable-163402
- **Pages:** 3

## Text

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1957, which requires that the record should be submitted within eight days of the order
of commitment. This is highly objectionable.
In cases where the record is likely to take long in preparation or when it is
required for recording evidence under section 219of the Code of Criminal Procedure, it
should not be allowed to be detained in the Magistrate's court. The sessions court should
get it for fixing dates and may return it when not required to the committing court for
preparation or for the taking of proceedings under section 219 of the Code of Criminal
Procedure as the case may be.
C.L. No. 151/VIIIa-99 dated 15th December, 1975
Separate registers for F.I.Rs., statements under section 164, Cr.P.C., dying
declarations,, report of Chemical Examiner Serologist and other experts including
ballistic experts, affidavits and identification memos should be maintained in the court of
every Magistrate and all those documents, whichever may be available at the time of
passing of the committal orders, be submitted to the courts of Sessions along with the
committal orders.
C.L. No. 8/iv f 80 Admn. (A) dated 18th February, 1981
There should be a regular flow of commitment of cases to the sessions so as to
avoid increase or decrease in pending sessions trials all of a sudden. If cases are
committed to the court of sessions regularly, the pending files of sessions trials may not
increase or decrease from month to month-necessitating withdrawal or posting of
additional courts at short intervals.
(i)
Expeditious disposal of Criminal cases and avoiding delay in committing

cases to the sessions.
C.L. No. 27/VIIb-47 Dated; Alld. Nov., 05, 1973
I am directed to refer to Court's Circular Letter No. 96, dated July 19, 1971 and to
say that it has come to the notice of the Court that due to unnecessary delay caused in the
committal proceedings, the accused, who are on bail, get an opportunity to win over the
prosecution witnesses and weaken the evidence against them. In consequence, the
prosecution is unable to establish charges leveled against the accused. Such difficulties
can be obviated to a great extent in case committal proceedings are finalised
expeditiously.
I am, therefore, to request you kindly to impress upon all the committing Courts
under your control to see that committal proceedings are finalized expeditiously, so that
the disposal of Criminal cases is not unnecessarily delayed.
(ii)
Disposal of committal cases by the Judicial Magistrates.
C.L No. 25/VIII -106/ Admn./96 dated May 18, 1996
I am directed to say that a large number of cases are pending in your judgeship for
committal. The delay in committing the cases to the Court of Sessions results in

 Now 1977 vide notification 504/Vb-13 dated 5.11.83
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tampering the witnesses and furnishes a ground to the accused to seek bail. The Hon'ble
Court has taken a serious note of the aforesaid facts and has directed as under:
1.
The committal proceedings in which the role of the Magistrate is limited
should not take more than two months time and the cases should be
committed to the Court of Session within two months.
2.
In the monthly and quarterly return of the Subordinate Court the number
of enquiries, which are pending for more than one year, six months and
three months must be given specifically.
3.
The arrear of committal enquiries must be disposed of by the Chief
Judicial Magistrates/all other Magistrates within the next three months.
Therefore, you are requested to ensure the compliance of the above observations.
(iii) Quarterly return of pending committal enquiries in the Subordinate courts for
more than one year, six months and three months.
C.O.No.46/Admin (E)/96 Dated: August: 13, 1996

In continuation of C.L. No. 25/VIII Admin. Dated May 18, 1996 on the above
subject, I am directed to say that the requisite figures of pending committal enquiries in
your judgeship for the quarter ending June, 1996 have not been received here so far.

 I am, therefore to request you to kindly send immediately the figures of pending
committal enquires for the quarter pending June, 1996 in your judgeship for more than
one year, Six months and three months in the prescribed proforma, attached herewith to
the Joint Registrar, Administrative (E) Section of the court and the same may also be sent
henceforth regularly.
(iv)
To ensure strict compliance of the Judgment and order of Hon'ble Supreme
Court passed in petition for special Leave to Appeal (C) No.9140 of 2003:
Ch. Venkateshwar Rao Vs. The Registrar (Administration) High Court of
Andhra Pradesh, Hyderabad, A. P. & anr.
C.L.No. 30 /2003 Dated: Aug19, 2003
The Hon'ble Supreme Court in Petition for special leave to appeal (C) No.9410
of 2003: Ch. Vakateshwar Rao Vs. The Registrar (Administration) has observed with
concern that in district Courts charge sheets have been found lying with the concerned
staff without any action having been taken by verifying and placed them before the
presiding officer and in not sent to the sessions court even after committal of the cases.
The Hon'ble Supreme Court has further observed that several private complaints,
criminal petitions in maintenance cases and criminal petitions were not called and were
not placed before the officer.
I am, therefore, directed to a copy of order dated 5.5.2003 passed by Hon'ble
Supreme court in Petition for Special Leave to Appeal (C) No 9140: Ch Vakateshwar
Rao Vs. The Re Latter (Administration) High court of Andhra Pradesh, Hyderabad, U. P.
& Anr. For your Information and necessary action.
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(v)
Direction regarding committal of cases pending in the Court of
C.J.M./Judicial Magistrate.
C.L. NO. 44/Admn. (E-2) Dated 21st September, 2000

I am directed to invite your attention to the Court circular letter No. 27 dated
14.10.99, on the above subject and to request you kindly to send the court time to time
fortnightly consolidated statement regarding committal of cases pending in the court of
C.J.M./Judicial Magistrate in your Judgeship.
(vi) Submission of reports with regard to committal of Sessions Trials.
C.L. No. 10/VIII-C-114/Admin.(G)/Dated: Allahabad: 20.3.2008
In continuation of the Court's earlier Circular Letters (C.L. No. 77/VII-b, dated
5.11.1973; C.L. No. 25/VIII-106/Admin./96 dated 18.5.1996), I am directed to say that
upon consideration of the matter the Hon'ble Court has desired that the District Judges
concerned shall report back within one week from the receipt of the letter as to how many
cases (with year-wise break up) in that district are pending for committal to the Court of
Sessions of their Judgeships. Also, the District Judges will instruct all the concerned
Presiding Officers to take steps to commit all such matters to the court of Sessions
forthwith in accordance with law. Further, the position as it reaches by the end of April,
2008 be reported back so as to positively reach the Court by the 1st week of May, 2008.
Similar follow up reports shall be sent in the first week of September, 2008 and January,
2009. The Magistrates will be instructed by the District Judges for expediting the
committal of cases.
I am therefore to request you to kindly submit compliance report as per schedule
prescribed by the Hon'ble Court and bring the contents of this Circular Letter to all
concerned and impress upon all the Magistrates working under your administrative
control to expedite the committal of cases and follow the directions in true letter and
spirit.
15.
SUPPLY
OF
COPIES
OF
RELEVANT
PAPERS
TO
D.G.C.
(CRIMINAL)
C.L. No. 77/Vl-b-35 dated 20th May, 1974
Copies of relevant papers in cases committed to sessions should invariably be
prepared by the additional staff provided for the purpose and supplied to the District
Government Counsel (Criminal) by the committing courts themselves.
16.
 USE OF BALL POINT PROHIBITED
C.E. No. 62/VIII-a-68 dated 31st May, 1972
For preparation of copies of statements to be supplied to the D.G.C. (Criminal)
the use of ballpoint pens is prohibited.
17.
 PREPARATION OF CALENDAR BY MAGISTRATES
C.L. No. 1 dated 4th January, 1957
It is the duty of the Magistrates committing a case to inform the Sessions Judge
who is the witnesses to be examined for the prosecution and for the accused. He is
required under section 207-A(6) to consider all the documents referred to in section 173

 Since replased by Cr. P.C. 1973