# resort to such legal processes or prolonging their stay in this country

- **Citation:** C.L. No. 60/VIIf-69
- **Court:** Allahabad High Court
- **Decided:** 2000-06-14
- **Case number:** C.L. No. 60/VIIf-69
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/resort-to-such-legal-processes-or-prolonging-their-stay-in-this-country-163509
- **Pages:** 2

## Text

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.
310
C.L.No.P.S.(R G)/77/2000 Dated June 14, 2000
With reference to the circular letter wherein thrust was, given for making disposal
of seven years old cases, information has been received that proceeding in a large number
of such old cases are stayed by the Appellate/High Court.

I am desired to request you to furnish the statement of the cases both civil and
criminal in which the proceedings have been stayed by the Hon'ble court. The
information must also bear the reference of the particulars of the case/petition in which
stay orders have been passed by the Hon'ble court. This information must reach to the
High Court positively by June 25, 2000.
PROFORMA
SPECIAL SUMMON TO A PERSON ACCUSED OF
AN OFFENCE UNDER M.V. ACT ETC.
To,

........................

S/o ...................

Address:
Vehicle No.

Whereas your attendance is necessary to answer a charge under the M.V. Act,
you are hereby required to appear in person (or by pleader before Judicial Magistrate
...... On the .... Day of ....19.... or if you desire to plead guilty to the charge without
appearing before the Magistrate, to transmit by registered post before the aforesaid date
the plea of guilty in writing and the sum of Rs. ...... by money order as fine, or if you
desire to appear by pleader and to plead guilty through such pleader, to authorize such
pleader in writing to make such a plea of guilty on your behalf and to pay the fine
through such pleader. Herein fail not otherwise a warrant of arrest shall be issued against
you.

Dated, this ............. Day of ............ 19 .........
(Signature)
(Seal of the Court)
C.L. No. 94/Admn. (A) dated 13th September, 1978
Guidelines for the disposal of cases under the Motor Vehicles Act:-
1.
Cases under the Motor Vehicles Act will be decided by the Judicial Magistrates
and the Munsif-Magistrates only, as far as possible thanawise. The Chief Judicial
Magistrates however, in consultation with the District Judges should make arrangements
in such a way that one day only one Magistrate should, as far as possible, take up these
cases thereby avoiding difficulty to the transport authorities and the litigants in attending
more than one court in a day.
2.
The Magistrates deciding such cases will try to accommodate, as far as possible,
the prosecuting agency and the accused persons, even if they turn up in court after their
case had been taken up.
3.
The Magistrates shall use the provisions of section 130* of the Motor Vehicles
Act to the maximum possible extent while deciding cases under that Act.