# prescribed under the law

- **Citation:** C.L. No. 74/IVg-64
- **Court:** Allahabad High Court
- **Decided:** 1963-11-06
- **Case number:** C.L. No. 74/IVg-64
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/prescribed-under-the-law-163507
- **Pages:** 3

## Text

307
(ii)
The court can judge the gravity of the offence for which an accused is being tried
by it; and while exempting him/her from personal appearance or not objecting to
his/her visit abroad, impose certain conditions e.g., ask for additional bail sureties,
etc. to ensure that the accused does not escape the punishment that may be
prescribed under the law;
(iii)
In a case in which the court feels that a person should not be allowed to go
abroad, it can pass orders to that effect under sections 6(2)(g) and 10(3)(h) of the
Passport Act, 1967;
(iv)
For restoration of passport facilities, it should be considered if the visit of the
accused is likely to bring some benefit to the country e.g., foreign exchange,
foreign collaboration, export promotion, etc.;
(v)
Grant of passport facilities is entirely the responsibility of the Government of
India. There should, however, be no objection to the courts granting certificates
for ―exemption from personal appearance‖ or ―no objection to proceed abroad, for
short periods‖ during the pendency of the case.
(v) Corruption cases
C.E. No. 69 dated 6th November, 1963

Delay in disposal of cases of corruption against government servants often leads
to acquittal of accused. Priority should, therefore, be given to disposal of cases of
corruption under the Prevention of Corruption Act.
C.L. No. 74/IVg-64 Admn. A dated 2nd August, 1980

The cases submitted by the State Vigilance Department should be dealt with on
priority basis by the District & Sessions Judge himself or some senior Additional
Sessions Judge who may be deputed for the purpose.

If it is not possible for District Judges to devote sufficient time to the disposal of
cases submitted by the State Vigilance Department, they may allot such cases to one
senior Additional Sessions Judge, with directions to dispose of those cases on priority
basis.
C. L. No-38/2007: Admin 'G' Dated: 31.8. 2007.
The 2nd Administrative Reforms Commission, in its 4th Report titled 'Ethics in
Governance' has inter alia, recommended that:-
a)
it has to be ensured that the proceedings of courts trying cases under the
Prevention 0f Corruption Act are held on a day-to-day basis, and no
deviation is permitted.
b)
the Supreme Court and the High Courts may lay down guidelines to
preclude unwarranted adjournments and avoidable delays.
In this regard, I am directed to say that the above recommendations of the
Administrative Reforms Commission be complied with strictly and it be ensured that the
proceedings of courts trying cases under the Prevention of Corruption Act are held on a
day-to-day basis without any deviation by the concerned court functioning under your
308
supervision and control. They may also be directed that no unwarranted adjournments in
such cases be given in order to avoid delay in disposal thereof.
I am further to say that the Special Judges functioning under the provision of the
Prevention of Corruption Act in the concerned judgeships be directed to give primary
attention to disposal of cases under this Act and only if there is inadequate work under
the Act they should be entrusted with other responsibilities/work.
Providing the information in respect of offences under Prevention of Corruption
Act, 1988
No. 677/Admin. E-II dated 13.01.2011

With reference to the letter no. C-1/33 dated 23.12.2010 received from the
Secretary General, Supreme Court of India, I am to say that he has desired the
information regarding institution, disposal and pendency of cases under the Prevention of
Corruption Act, 1988 up to 2010 on enclosed proforma and also desired the same on
quarterly basis in future.

So, it is requested that kindly provide the requisite information up to 2010 strictly
on prescribed proforma within two weeks and the information of the same be provided on
quarterly basis in future also at the end of each succeeding quarter.
PROFORMA
STATEMENT SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CASES IN
RESPECT OF OFFENCES UNDER PREVENTION OF CORRUPTION ACT, 1988 IN
THE SUBORDINATE COURTS IN THE STATE/UNION TERRITORY OF .......FOR
THE YEAR 2010
Sl.
No.
Name
of the
Court
Opening
Balance as on
01.01.2010
Institution from
01.01.2010 to
31.12.2010
Disposal from
01.01.2010
to
31.12.2010
Pendency at
the end of
31.12.2010

Standard format for Subordinate Courts of State/UT

STATEMENT SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CASES IN
RESPECT OF OFFENCES UNDER PREVENTION OF CORRUPTION ACT, 1988 IN
THE SUBORDINATE COURTS OF THE STATE/UNION TERRITORY OF ......... IN
QUARTER ENDING1 ..........20........

Sl.
No.
Name of
the Court
Opening Balance
as on ........
Institution
from ..... to .....
Disposal
from ....to....
Pendency
at the end of ...

(vi)
Nationality cases
C.D.O. No. 79 dated 1st September, 1959

1 Year will be 4 quarters (1) January to March; (2) April to June; (3) July to September; (4) October to
December
309

Civil suits filed by Pakistani nationals for determination of their nationality
should be disposed of as expeditiously as possible so that no Pakistani national may
resort to such legal processes or prolonging their stay in this country.
 (vii) Motor vehicle cases
C.L. No. 60/VIIf-69 dated 29th April, 1976

The following instructions should be followed for achieving speedy disposal of
old cases under the Motor Vehicles Act:-
1. Old cases under the Motor Vehicles Act may, if necessary, be distributed
equally amongst the officers competent to try such cases.
2. New cases under the said Act may be instituted in various courts than wise.
3. Temporary assistance of one clerk may, if necessary, be provided to expedite
the issue of summons and entry of such cases in the respective registers.
4. Sufficient number of copies of the proforma of the summons under section
130* of the Motor Vehicles Act be got printed locally and distributed to all the
courts dealing with Motor Vehicles Act cases for issue of summons in future
in the said proforma indicating there in the fine proposed so that the accused
transmits his plea of guilt and remits the fine proposed. Thereafter the case of
the accused may be disposed of without his appearance in court.
5. The courts which are specifically directed to disposed of old cases may, if
necessary, request the S.S.P. to provide the requisite number of constables for
serving the summons issued under section 130* of the Motor Vehicles Act.
6. The summonses to those accused who are residing outside the station, should
be sent under certificate of posting.
7. All the summonses which are issued under section 130 (Now Section 208
M.V. Act 1988) of the Motor Vehicles Act, should be entered in a register and
whenever money orders are received, necessary entry in respect thereof be
made in that register. The receipts of fine be prepared and the entries made in
the Fine Register. The amount of fine be deposited in the treasury under the
proper head by means of treasury challan.
8. The courts which are nominated for dealing with the old cases under the
Motor Vehicles Act shall try to dispose of such cases within four months.
9. The District Judges shall direct the Magistrates concerned to dispose of such
cases along with their regular work within the stipulated period of time.
C.L. No. 96/VII f-69 dated 5th June, 1976

It encloses a proforma of the summons under section 130 (Now Section 208 M.V.
Act 1988) of the Motor Vehicles Act for preparation of printed copies thereof locally and
distribution to all the courts dealing with Motor Vehicles Act cases.