# 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-163864
- **Pages:** 2

## 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
462
C.L.No.80/VIII-d-6 dated 14th July, 1979

Those retired officers whose substantive pay was rupees one thousand or above at
the time of their retirement be treated in the category of first class witnesses for purposes
of payment of diet money and travelling allowance under Rule 8 of Appendix ̳I' of
General Rules Criminal, 1957.*
 To employees of Government of India
C.L.No. 90 dated 8th September, 1958
A person employed in the Government of India, Indian Railways or the Indian
Audit and Accounts Service summoned to give evidence of facts which came to his
knowledge in the discharge of his public duties or to produce official documents in a suit
in which the Government is not a party will be paid travelling expenses etc., by the courts
at the rates admissible to him for a journey on tour. The amount shall be assessed on the
basis of a certificate showing the rate of travelling and daily allowances admissible, such
a certificate being produced by the official summoned duly signed by his controlling
officer. If the official is his own controlling officer, the certificate will be signed by him
as such.
C.L.No.59 dated 17th September, 1964

Under the revised instruction contained in Government of India, Ministry of
Finance (Department of Expenditure) letter no. 5(59) E 1V (b) 63, no travelling
allowance is to be paid by the courts direct to the Central Government servants
summoned by them to produce official documents or to give evidence in their official
capacity in civil cases to which Government is not a party. Instead the amount due may
be remitted to the Central Government (the Ministry/Department/ Office to which the
Government servant summoned belongs).
C.L.No.53/VIII-d-9 dated 5th May, 1972

In criminal cases to which state is a party, a government servant giving evidence
regarding facts of which he has official knowledge, will, on production of certificate of
attendance issued by the summoning court, be paid travelling allowance by the
government under whom he is serving.

In criminal cases to which state is not a party the government servant shall be paid
by the summoning court according to rules of travelling allowance applicable to him and
the charges will be borne by the Central Government or the State Government according
as the court is situate in a Union Territory or the State of U.P. In order to enable the court
to assess the amount admissible, the government servant will carry to the court a
certificate duly signed by his Controlling Officer showing the rates of travelling and daily
allowances admissible to him on tour. If he is himself, his Controlling Officer the
certificate will be signed by him.

When a government servant serving in a commercial department or when any
other official is summoned to give evidence as a technical or expert witness, the pay of
the government servant concerned for the period of his absence from his headquarters