# same day along with sessions work. By the exercise of care in the fixing of dates

- **Citation:** C.L. No. 26/IV-28
- **Court:** Allahabad High Court
- **Decided:** 2000-12-06
- **Case number:** C.L. No. 26/IV-28
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/same-day-along-with-sessions-work-by-the-exercise-of-care-in-the-fixing-of-dates-163612
- **Pages:** 2

## Text

352
 Fridays may be set part for the disposal of criminal appeals, small cause court cases
and old civil cases including old civil appeals by such officers, as have such cases on
their file.
G.L. No. 11/67-3 dated 1st May, 1941
(10) Sessions cases should be heard from day to day until their conclusion,
unless there is an unavoidable breakdown in the case. In order to prevent waste of the
time of court in the event of such a breakdown appellate work may also be fixed on the
same day along with sessions work. By the exercise of care in the fixing of dates,
Sessions Judges should be able to prevent loss of time with the minimum of
inconvenience to parties and their counsel.
C.L. No. 26/IV-28 dated 23rd March, 1949
(11) Civil Judges, Additional Civil Judges and Judges of the Courts of Small
Causes in Agra and the Judges Small Cause Court, Lucknow, are ex officio Assistant
Sessions Judges and, any officer who holds any of the offices mentioned above will
automatically exercise the powers of an Assistant Sessions Judge within the local limits
of the Sessions Division where he is for the time being posted, without the issue of a
fresh notification by Government. But District Judges should, while transferring criminal
work to Judges of the Courts of Small Causes, make sure that the Small Causes Court
work pending on their file does not suffer by reason of the transfer of sessions work to
those officers.
C.L. No. 125/IV-h-14 dated 10th December, 1932

(12) Cases under sections 302 and 396 of the Indian Penal Code and dacoity
cases should be given preference over cases under section 6(1) of the Criminal Law
(Amendment) Act.
C.L. No. 41 /V-g-28 dated 25th April, 1953
(13) Criminal work should, so far as possible, be done by Assistant Sessions
Judges on continuous days, which may be reserved for such work in advance every
month. As criminal work is received by transfer, it should be fixed for disposal on those
days. Some civil cases of a light nature including fresh Munsif's appeals may also be
fixed for hearing on those days so that in case the criminal work is not found to be
sufficient to keep the officer fully occupied on the days reserved for criminal work, he
may not have to sit idle on those days. By adopting this method, civil work will not be
dislocated.
(This does not apply to officers who have been or may be declared unfit for
promotion as Additional District Judges and in the absence of any special orders no
criminal work should be transferred to them for disposal).
C.L. No. 20/VII-h-13-2/53 dated 7th February, 1953
(14) Criminal appeals against decision of Assistant Sessions Judges, which lie to
the Sessions Judge, should not be transferred to junior Additional District Judge but
should be heard by the District and Sessions Judge himself.
353
C.L. No. 47 dated 21st September, 1967
Cases should be handled in a businesslike manner. Adjournments should be
avoided. Special efforts ought to be made to secure attendance of witnesses on the date
fixed; redundant, prolix and irrelevant cross-examination should not be permitted.
Monthly statements of the progress of work with each officer should be submitted to the
Court. In case an officer is unable to put in good work the Court will have to take steps to
revert him as Civil Judge. A special eye should be kept on sessions cases and criminal
appeals and proper guidance be given to subordinate officers.
C.L. No. 78 dated 24th December, 1965
(15) Inviting the attention to Court's general letters no. 73/VIII-a-n, dated 29th
October, 1948, the Sessions Judges are directed to maintain a chart in the prescribed
proforma with three columns, the first mentioning month and dates, the second
mentioning number, year and sections of the I.P.C. under which the offences charged are
punishable and the third for remarks e.g. whether accused is in jail, or on bail, a lunatic
or absconding or the case is stayed by the High Court. The entries are to be checked by
sessions clerks of the court concerned and corrected up to-date.
(iii)
 Disposal of urgent criminal work during absence
G.L. No. 10/VII-b-62 dated 10th March, 1949
The Sessions Judge can make arrangement with the District Magistrate only when
no Additional or Assistant Sessions Judge is available in the division.
A difficulty is likely to arise when during the Sessions Judge's absence the
Additional or Assistant Sessions Judge in charge of urgent criminal work, has himself to
be unavoidably absent or is incapable of acting by reason of sudden illness or some such
cause. To avoid such a contingency Sessions Judges may themselves direct before their
departure from the judgeship that during their absence the Additional or Assistant
Sessions Judge, as the case may be, shall dispose of, urgent applications, but that if such
Judge is also unavoidably absent or incapable of acting the District Magistrates shall do
so.
(iv)
Furnish of statement purpose to the order of Hon'ble court in Criminal
Misc. Application No.6475 of 2000 regarding Sessions trial cases pending for
more than three years where charges have already been framed.
C.L.No. 54/VIIb-18dated: Alld: December 6, 2000
With reference to the circular letter No.8/VIIb-18 dated February 9, 2000 wherein
it was made implicit to ensure compliance of the directions given by Hon'ble Supreme
Court in Raj Deo Sharma cases (AIR 1999 S.C.3524) instances have come into notice of
the Hon'ble court in judicial side (criminal Misc. Application No.6475 of 2000) that the
directions given by Hon'ble Supreme Court are not being observed in letter and spirit. In
view of the aforesaid it is incumbent on the court of complete the hearing within time
frame and equally it is obligatory on the part of prosecuting agency to produce the
witnesses in time so that accused on the heinous offences may not be acquitted on non
producing of the witness within the time frame. Hon'ble Court in judicial side has further