# rule (1) of Rule 80 of General Rules (Civil), 1957, Volume I on the above subject and to say that in the proceeding of Annual Civil Military Liaison Conference held at Headquarters Central Command…

- **Citation:** C.L.No. 18/Admn.(A)
- **Court:** Allahabad High Court
- **Decided:** 1991-03-13
- **Case number:** C.L.No. 18/Admn.(A)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/rule-1-of-rule-80-of-general-rules-civil-1957-volume-i-on-the-above-subject-and-163540
- **Pages:** 2

## Headnote

rule (1) of Rule 80 of General Rules (Civil), 1957, Volume I on the above subject and to say that in the proceeding of Annual Civil Military Liaison Conference held at Headquarters Central Command Lucknow on 6 and 7th June, 1990 it has been resolved that priority should be given to Army personnel's litigation as per the existing instruction. I am, therefore, to request you kindly to ensure that the above directions are strictly complied with.

## Text

321
2(f)
Where the cases pending in Criminal Courts under IPC or any other law
for the time being in force are punishable with imprisonment up to three years, with or
without fine, and if such pendency is for more than two years and if in such cases trial
has still not commenced, the Criminal Court shall discharge or acquit the accused, as the
case may be, and close such cases.
3. For the purpose of directions contained in clauses (1) and (2) above, the period
of pendency of criminal cases shall be calculated from the date the accused are
summoned to appear in the Court.
4.
Directions (1) and (2) made hereinabove shall not apply to cases of
offences involving (a) corruption, misappropriation of public funds, cheating, whether
under the Indian Penal Code, Prevention of Corruption Act or any other statute, (b)
smuggling, foreign exchange violation and offences under the Narcotics Drugs and
Psychotropic Substances Act, (c) Essential Commodities Act, Food Adulteration Act,
Acts dealing with Environment or any other economic offences, (d) offences under Arms
Act, Explosive Substances Act, Terrorists and Disruptive Activities Act, (e) offences
relating to the Army, Navy and Air Force, (f) offences against public tranquility; (g)
offences relating to public servants (h) offences relating to coins and Government stamp,
(i) offences relating to elections, (j) offences relating to giving false evidence and
offences against public justice, (k) any other type of offences against the state, (l)
offences under the taxing enactments and (m) offences of defamation as defined in
Section 499 IPC.
5.
The Criminal Courts shall try the offences mentioned in Para (4) above on
a priority basis. The High Courts are requested to issue necessary directions in this behalf
to all the Criminal Courts under their control and supervision.
6.
The Criminal Courts and all Courts trying criminal cases shall take
appropriate action in accordance with the above directions. These directions are
applicable not only to the cases pending on this day but also to cases, which may be
instituted hereafter. As and when a particular case gets covered by one or the other
direction mentioned in Directions (1) and (2) read with Direction (4) above, appropriate
orders shall be passed by the concerned Court without any delay.
The writ petition is disposed off with the above directions.
(xv)
Disposal of cases involving Economic Offences
C.L.No. 18/Admn.(A) dated March 13, 1991
I am directed to say that it has been brought to the notice of the court that the
Presiding Officers who are especially empowered under Section 11(2) of the Code of
Criminal Procedure, 1973 for deciding cases involving Economic Offences exclusively
and quickly are reluctant in deciding these cases as they involve a lot of evidence and are
time consuming. This aspect of the matter is being examined by the court and necessary
orders will be sent after a decision has been taken by the court in the matter. In the
meantime, the Court directs that the Presiding Officers who are doing cases involving
economic offences may take up the cases on priority basis and decide them an
expeditiously as possible.
322
I am, therefore, to request you kindly to bring the contents of this C.L. to the
notice of the Judicial Magistrate (Economic Offences) for information and necessary
compliance.
(xvi)
Expeditious disposal of cases in which Foreigners are involved
C.L. NO. 25/VIIg-38/Admn.(G) dated March 3, 1994
I am directed to say that it has been brought to the notice of the Court that the
cases involving Foreign Nationals are pending in the Indian Courts for a long time. It has
been felt that inordinate delay in the disposal of such cases is being viewed as a violation
of Human Rights. Therefore, with a view to give quicker relief to the Foreigners involved
in cases, it has been decided that such cases be segregated and they may be put before
such Courts as may be specifically earmarked by you for their quick disposal to achieve
cutting down delay in trial of these cases.
I am, therefore, to request you kindly to bring the contents of this letter to the
notice of the concerned Presiding Officers for strict compliance.
(xvii) Expeditious disposal of cases filed by or against military personnel
C.L.No. 75/VIIf- 50/Admn.(G) dated July 28, 1990
I am directed to invite your attention to Court's Circular letter No. 4/VIIf-50,
dated January 13, 1971 and No. 4/VIIf-50, dated February 10,1981 and to the proviso to
sub-rule (1) of Rule 80 of General Rules (Civil), 1957, Volume I on the above subject
and to say that in the proceeding of Annual Civil Military Liaison Conference held at
Headquarters Central Command Lucknow on 6 and 7th June, 1990 it has been resolved
that priority should be given to Army personnel's litigation as per the existing instruction.
I am, therefore, to request you kindly to ensure that the above directions are strictly
complied with.
(xviii) Expeditious disposal of the cases of under trial foreign nationals
C.L. No. 48/Admn. ̳E' Section, dated May 21, 1994
I am directed to request you that the Chairman, National Human Rights
Commission has expressed concern about the foreign nationals who are languishing in
various jails. He is also of the view that unless the trials are expedited, on the plea of
violation of human rights, an issue having international implication would soon be raised.
I am, therefore, to request you kindly to furnish the particulars of all foreign
nationals in custody, as under trial prisoners in your district on the proforma attached
herewith to this Court, and one copy may be sent to Sri L.C. Bhadoo, Registrar (Admn.),
Hon'ble Supreme Court of India, New Delhi. You are also requested to issue suitable
directions to all the courts working under you to expeditiously dispose of the cases of
under trial foreign nationals.