# of Offences and Abatement of Trials) Bill, 1979 which has been notified as U.P. Act No

- **Citation:** C.L. No. 150/VII-c-3
- **Court:** Allahabad High Court
- **Decided:** 1979-12-21
- **Case number:** C.L. No. 150/VII-c-3
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/of-offences-and-abatement-of-trials-bill-1979-which-has-been-notified-as-u-p-163514
- **Pages:** 1

## Text

312
C.L. No. 150/VII-c-3 dated 27th December, 1979

It invites attention to section 9 of the Uttar Pradesh Criminal Law (Composition
of Offences and Abatement of Trials) Bill, 1979 which has been notified as U.P. Act No.
35 of 1979 published in U.P. Gazette Extra-ordinary as Government Notification No.
3378/XVII-v-1-37/78 dated December 21, 1979 on the same date and says that all the
criminal courts should take immediate action in accordance with the aforesaid provision.

The provision of section 9 of the aforesaid Act is quoted below for ready
reference:-
Section 9 - Notwithstanding anything contained in any other law for the time being in
force -
(1)
the trial of an accused for -
(a) an offence punishable under -
(i) the Motor Vehicles Act, 1939; or
a.
the Public Gambling Act, 1867, not being an offence punishable
under Section 3 of that Act or an offence in respect of wagering
punishable under Section 13 of that Act; or
(ii) Section 34 of the Police Act, 1861, or
(iii)Section 160 of the Indian Penal Code, 1860; or
(b) any other offence punishable with fine only, or
(2)
a proceeding under section 107 or section 109 of the Code of Criminal Procedure,
1973, pending before a Magistrate on the date of commencement of this Act from before
January 1, 1977 shall abate.

Every criminal court should pass order of abatement immediately and intimation
of order may be given either by post or on the date fixed in the case.
As modified by C.L. No. 51/IV h -36 dated 10th March, 1977

In petty cases, where the facility of stenographer is available, the Presiding
Officer should be encouraged to dictate judgment in open court.
C.L. No. 8/IV f-80 Admn. A dated 18th February, 1981

Magisterial courts should try to dispose of cases involving petty offences on
priority basis, so that the number of pending criminal cases may be reduced and for this
purpose, they may have mixed cause list in which cases involving serious and petty
offences should both be fixed daily.
C. L. No-36/2007: Admin 'G' Dated: 29 August, 2007.

Taking stock of the staggering pendency of criminal cases the Hon'ble Court has
decided that urgent Steps are required to be taken for reduction of arrears and speedy
disposal of cases and consequently has resolved that Cases involving petty offences,
including traffic and municipal challans, be transferred to the Court of special
Metropolitan Magistrates/ Special judicial Magistrates.

Therefore, in continuation of earlier court's circular letter no. 47/Admin. ̳G'/2006
dated Feb. 15th, 2006 I am directed to say that the cases involving petty offences,