# section 363(1) of Criminal Procedure Code and rules 152 and 155 of the General Rules

- **Citation:** C.L.No. 23/VII-b-35
- **Court:** Allahabad High Court
- **Decided:** 2002-01-10
- **Case number:** C.L.No. 23/VII-b-35
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/section-363-1-of-criminal-procedure-code-and-rules-152-and-155-of-the-general-162768
- **Pages:** 2

## Text

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court or in any other court, it should be sent to the court concerned for completion or
compliance forthwith.

All subordinate criminal courts shall, therefore, strictly follow the provisions of
section 363(1) of Criminal Procedure Code and rules 152 and 155 of the General Rules
(Criminal) 1957* so that delay may not occur in the issue of copies to the accused in
future.
C.L.No. 23/VII-b-35 dated 28th February, 1961
An accused sentenced to imprisonment should be supplied, free of cost and
without delay, a copy of the finding and sentence. The convicted person should not be
given a copy of the complete judgment but only a copy of that part of the judgment
which gives the finding and the sentence.
C.L.No. 128/IX-f-69 Admn.(G) dated 20th November, 1978
Rules 146 and 152 of the General Rules (Criminal) provide for preparation and
delivery of copies of judgments on receipt of application for copies from the prisoner
from jail. In view of the mandatory requirement of sub-section (1) of section 363 of the
Code of Criminal procedure, 1973 for giving a free copy of the judgment to the accused
when sentenced to jail imprisonment, immediately after the pronouncement of the
judgment, and the directions of the Supreme Court in Special leave Petition (Criminal)
No. 408 of 1978 (Madhav Rayawadanrao Hoskot v. State of Maharashtra)** decided on
17th August, 1978 that ―Courts shall forthwith furnish a free transcript of the judgment
when sentencing a person to prison terms‖, it is necessary that such copies whether from
appellate, revisional or other courts, should be quickly dispatched to the jail authorities
for delivery to the prisoner.
(ii)
Issuance of copy of judgment dated 10.1.2001 of the Hon'ble Court passed in
Civil Misc. writ Petition No. 51928/2000.
C.L.No.5/2001 dated 22nd January, 2001
While disposing of the Writ Petition No 51928 of 2000-constable C.P. 117-Yad
Ali and others Vs. Supdt. Of Police, Chandauli and another, Hon'ble
O.P. Garg , Judge, High Court, Allahabad has been pleased to direct that a copy of the
judgment dated 10.1.2001 rendered in the Writ Petition No. 51928/2000 aforesaid be sent
to all the District Magistrate/ Supdt. Of Police/ Supdt. Of Police of the State including
the chief Secretary, Govt. of U.P.

I am, therefore, to send herewith a copy of the judgment dated 10.1.2001,
aforesaid for information and necessary action.
(for judgment See 2001(1) A.W.C. 578)
(iii)
Issuance of certified copies of the judgments.
C.L.No.20/2002/Ve-65 dated 3rd July, 2002
I am directed to request you to kindly ensure that strict compliance of the Court's
Circular Letters No. 59/ve-65 dated 22nd September, 1950.C.L. No. 56 dated 24th
September, 1963 C.L. No. 80/ve-65dated 2.11.1985 C.L. No. 41/ve-65 dated 6th May,

* Now 1977, vide notification no. 504/V-b-13, dated 5th November, 1983
** Reported in AIR 1978 SC 1548
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1957. C.L.No. 21/ve-65 dated 31st January 1975 and C.L. No. 23/ve-65 Admin (D) dated
7th April, 1981 be made and directions issued by the Hon'ble Court on 21.5.2002 in
connection with Criminal Appeal Nos. 648 of 2002 Parsadi and other Vs. State of U.P.
and 665 of 2002 Yamuna Prasad Vs. State of U.P. be strictly followed while issuing the
certified copies of the judgment.
Registrar

Certified copies of the judgments under appeal filed in Crl. Appeal Nos. 648 of
2002 Parsadi and others Vs. State of U.P. and 665 of 2002 Yamuna Prasad Vs. State of
U.P or not legible and decipherable and appears to have been prepared on rice papers in
breach of court's circular letter no. 59/ve-65 dated 22nd Sept., 1950 C.L. No. 56 dated
24th Sept., 1963 C.L.No. 80/ve-65 dated 2nd Nov., 1985. C.L. No. 41/ve-65 dated 6th
May, 1957, C.L. No. 21/ve -65 dated 31st Jan., 1975 and C.L. No. 23/ve-65/ Admin (D)
dated 7th April 1981 and inspite of the repeated directions of this Court on the
administrative side, the copies of the judgment are not being prepared in a desired
manner. If copy is prepare on rice papers using both the sides of the leaves, it becomes
difficult to decipher the words and sentences and the very purpose of issuing the certified
copy is defeated. Not only in this case, but in so many cases, this Court has noticed such
type of copies. It appears that the Head Copyist and Officer Incharge. Copying Section
are not aware of the direction issued by this Court from time to time in regard to the
preparation of copies.

Call for the explanation of the Head Copyist and Officer Incharge, Copying
Section of Rae Bareli Judgeship as to how such certified copies of the judgments and
orders such as dated 10.5.2002 passed in S.T. No. 285/95 and dated 17.5.2002 passed in
S.T. No. 8/2002, have been issued in breach of the aforesaid circular letters.

Write a letter to all the District and Sessions Judges drawing their attention
towards the directions contained in aforesaid circular letters. They may be asked to keep
watch on the issue of copies and they will ensure that legible and decipherable copies are
issued on comparatively stout paper and if carbon is used, the other side of the leaf
should not be used.
(iv)
Non-compliance of the directions of the Court with regard to issuance of
proper, clear and legible certified copy of Judgments.
C.L.No.5/2003, dated 25th February, 2003

During the proceedings in First Appeal from Order No. (166) of 1996 (Prem
Singh and another vs. Jai Pal Singh and others), the Hon'ble Court (Hon'ble A.K. Yog, J.
and Hon'ble Ghanshyam Das, J.) has observed with concern that certified copy of
judgments supplied by the court below is not legible since they are typed on both sides
on rice papers. The Hon'ble Court has directed that the practice of typing on both sides of
rice papers be stopped and certified copy must be typed on enduring paper on one side
only so that it is quite legible.

In this regard, a C.L. No. 3/2002, dated January 10, 2002 was issued by the Court
to ensure issuance of proper, clear and legible certified copy of judgments. But it appears
that the directions given in the aforesaid Circular Letter are not being followed strictly.

I am, therefore, directed to say that the directions of the Court referred to above,
be complied with in letter and spirit.