# Police Officials/ Officers of the district concerned in the manner prescribed in the Court's

- **Citation:** Circular Letter No. 65/VII
- **Court:** Allahabad High Court
- **Decided:** 1955-08-22
- **Case number:** Circular Letter No. 65/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/police-officials-officers-of-the-district-concerned-in-the-manner-prescribed-in-163476
- **Pages:** 2

## Text

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Police Officials/ Officers of the district concerned in the manner prescribed in the Court's
Circular Letter No. 65/VII b-9 dated 14.6.1979.
C.L. No. 81/VIIb-68-Admn. 'G' dated 19th November, 1984

A police officer need not be summoned for evidence by any court during the
period of time he is attending a training course in any police training institution.

In case a summons has already been issued and the date of his evidence falls
during the period of his training course, and the office in-charge of the police training
institution informs the court that the said police witness is attending an in-service
training, the courts shall do well to postpone the date of evidence' to a date after the
completion of his training course. It is expected that the officer in-charge of the police
training institution shall be informing the court concerned the date on which the training
course is expected to conclude.

In exceedingly rare and exceptional cases where the court concerned is personally
satisfied that further postponement of evidence is not possible, the court concerned shall
forward such summons to the officer-in-charge of the police training institution with a
covering D.O. emphasizing the importance of the matter and directing him to relieve the
witness to enable his appearance on the, due date.

It is expected that officer-in-charge of police training institutions, on receipt of
such D.O. from any court, shall not seek any further adjournment and relieve the police
officer to appear for his evidence in the concerned court on the due date, provided again,
that the date does not clash with the dates of the final examination of the trainee.
C.E. No. 108/VII-d-41 dated 24th November, 1961

Officials of the Home branch of Uttar Pradesh Government may be summoned by
name only when their personal attendance is absolutely essential; and if certain
document, etc., are only to be produced or testified to, before the court or some evidence
is to be tendered on the basis of official records, the summons may not be issued by name
of the officials, so that the Government may be able to depute any competent person from
their staff to appear before the court to do the needful.
C.L. No.65/VIIb-9 dated 14th June, 1979

The summonses requiring appearance of transferred police officers or officials, as
witnesses should, instead of being sent to the Police Headquarters, Allahabad be sent to
the Superintendent of Police of the district concerned after ascertaining their address from
the Public Prosecutor. In case it is not possible to ascertain the addresses of transferred
police officers or officials from the Public Prosecutor, the summonses of non-gazetted
police officials should be sent to the local Superintendent of Police and that of gazetted
police officers to the Assistant Inspector General of Police, U.P., Lucknow, requesting
them to arrange for the service of summonses.
C.L. No. 65/VII-b-68 dated 13th June, 1951

This Court has received report that summonses issued in sessions cases are not
invariably received back after service before the trial commences. Complaints have also
been received indicating that Magistrates and Police Officers summoned to give evidence
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in sessions courts do not always attend in time and on the dates fixed. This result in
unnecessary adjournments and delay in the disposal of sessions cases.

District and Sessions Judges and Additional District Judges should send a report
to the Court whenever a sessions trial has to be adjourned due to the default of the police
or the Magistrate.
C.L. No. 28 dated 26th March, 1968

Assistant Sessions Judges and Magistrates should, as far as possible,
accommodate district authorities by not insisting on appearance of the Magistrates
detained on law and order duties during festivals like Id, Moharram and Holi, etc. as witnesses on those dates. Convenient dates should be fixed for their appearance.
G.L. No. 10/VII b/68 dated 17th March, 1947

Government have directed the Inspector General of Police to issue circular order
to ensure that police officers attend court without fail on the date fixed by the Sessions
Judge, and that careful attention is paid to the service of summonses and their return to
the courts concerned.

District Magistrates have also been asked to issue instructions to all Magistrates
subordinate to them that they should attend the sessions court on the due date whenever
required to do so.
(iii)
Wireless message
C.E. No. 2/VII-b-68 dated 3rd January, 1975

With a view to avoid undue pressure on police wireless grid and to enable it to
control the law and order situation, the services of the police wireless grid can be utilized
with the permission of the District Judge for summoning witnesses in Sessions Trials
only in special circumstance and subject to the following conditions in supersession of
G.O. no. 22 65/VIII-2088-1948, dated August 22, 1955:
(1)
Radiogram can be used only in cases where information cannot be sent in
time through postal service.
(2)
Radiogram should be written in telegraphic language.
(3)
Radiogram should be sent under the signature of the District Judge
only.
C.L. No. 102/VI b-11 dated 9th June, 1976

The Government has restored the wireless facilities for summoning of prosecution
witnesses. The facility so restored may please be utilized for summoning of prosecution
witnesses.
C.E. No. 65/IVh-36 dated 24th March, 1977

It informs all the District and Sessions Judges that the Court has decided that on
the criminal side the processes should be filled in by the Court Moharrirs or any other
police official before filing them in courts and directs in future no process should be
accepted unless it is duly filled up.