# other ordinary criminal cases and should be given deeper probe.‖

- **Citation:** C.L.No.86/VII-f-75
- **Court:** Allahabad High Court
- **Decided:** 1978-08-23
- **Case number:** C.L.No.86/VII-f-75
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/other-ordinary-criminal-cases-and-should-be-given-deeper-probe-163862
- **Pages:** 1

## Text

461
the possibility of the apprehensions propounded by the learned counsel for
the applicant as above and give the matter a searching probe in order to
find out whether the complaint is a cover for a retaliatory action or there is
real and genuine substance in the same. Cases where superior officers and
subordinate employees are involved should, therefore, be closely
examined at the initial level and the entire conspectus of circumstances
should be visualized and mere formality of witnesses being available
should not always be considered sufficient if the circumstances indicate
otherwise. Such matters should not be examined in the same manner as
other ordinary criminal cases and should be given deeper probe.‖

Therefore, while enclosing a copy of the above judgement and Order, I am
directed to request you to kind ensure strict compliance of the above quoted directions of
the Hon'ble Court circulating the copy of the same among the Judicial Officers under
your administrative control in right earnest.
17.
WITNESSES
(i)
Oath
C.L.No.86/VII-f-75 dated 23rd August, 1978

Under Section 6 of the Oaths Act, 1969 all oaths and affirmations made under
section 4 shall be administered according to such one of the forms given in the Schedule
as may be appropriate to the circumstances of the case; nevertheless section 6 of the Act
gives a discretion to the court to allow a witness to give evidence on such oath or
affirmation as may be prevalent in or binding to the class to which he belongs.
(ii)
Diet money
C.L.No.2403 dated 7th August, 1895

When a civil court in an enquiry under section 476 (old) and section 340 (new) of
the Code of Criminal Procedure with respect to an offence against the public justice
summons and examines witnesses, they should get their expenses just as if they were
witnesses summoned in a criminal trial.
C.L.No.41/VIII-d-6 dated 4th May, 1956

The rules framed by the State Government under section 544 (new section 312) of
Criminal Procedure Code regulating the payment of expenses to complainants and
witnesses attending criminal courts, have been reproduced as Appendix I of the General
Rules (Criminal) 1957*, rule 8(5) of these rules provides that witnesses following any
profession such as medicine or law shall receive a special allowance according to
circumstances and usage of courts. It is merely illustrative. There is no bar to the payment
of such allowance to witnesses other than those following the medical or legal profession.
Presiding Officers have full discretion to allow the claims of other categories of witnesses
as well.

* NOTE: Now 1977 vide notification no.504/Vb-13 dated 5.11.83