# should be impressed

- **Citation:** C.L. No.45/VI-h-36
- **Court:** Allahabad High Court
- **Decided:** 1971-07-19
- **Case number:** C.L. No.45/VI-h-36
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/should-be-impressed-163399
- **Pages:** 2

## Text

263
C.L. No.45/VI-h-36 dated 8th March, 1977
On each charge sheet filed in the courts, a rubber seal indicating the following
should be impressed:-
(a)
Charge-sheet received on...........
(b)
Paper sent for copying on............
(c)
Papers and copies received back on .............

Numbering of criminal cases

C.L. N0.75/VIII-8-108 Admn.(G)(B) dated 29th October, 1984
All the criminal courts should strictly comply with rule 21 and rule 91 of the
General Rules (Criminal), with regard to numbering of criminal cases.
14. COMMITTAL OF CASES
C.L.No. 60/VII-d-21 dated 16th September, 1948
On the commitment of a case by the Magistrate, a date should be fixed for its
hearing without waiting for the evidence under section 219 of the Code of Criminal
Procedure. If such evidence is not recorded by the Magistrate by the date of hearing
Sessions Judges may use their discretion and either proceed with the trial or adjourn it for
the remaining evidence only. The entire hearing is to be adjourned only in very
exceptional circumstances. It may, however, be borne in mind that after commitment the
trial in the sessions court is by no means to depend on the proceedings in the court of the
committing Magistrates.
C.L. No. 120/Vlld-68 dated 16th November, 1970
Instructions contained in G.O. No. 1166/VI-6-19-1964, dated the July 15. 1964
should be strictly followed while committing cases to the- court of Sessions keeping in
mind that the entire prosecution case is completely ready and includes the reports of the
Chemical Examiner and the Serologist where it is necessary to rely on these for deciding
the case.
Sessions Judges should, however, impress upon Judicial Magistrates that cases
should not be committed to Sessions Courts unless all the evidence and specially the
important evidence has been completed and that if in any particular case evidence under
section 219* of the Code of Criminal Procedure remains to be recorded, it should be
finished before the date fixed by the Sessions Judge for the hearing of the case.
G.L. No. 54/T, and 56/T dated 30th August, 1948
The calendar and the record of the case committed to sessions are generally sent
by committing Magistrates to the courts of sessions long after the date of commitment in
contravention of the provision of rule 35, Chapter V of the General Rules (Criminal),

 Now 1977vide notification no. 504/Vb-13 dated 5.11.83.
 This C.L. should be read in context of the charges made by Cr. P.C.of 1973
264
1957, which requires that the record should be submitted within eight days of the order
of commitment. This is highly objectionable.
In cases where the record is likely to take long in preparation or when it is
required for recording evidence under section 219of the Code of Criminal Procedure, it
should not be allowed to be detained in the Magistrate's court. The sessions court should
get it for fixing dates and may return it when not required to the committing court for
preparation or for the taking of proceedings under section 219 of the Code of Criminal
Procedure as the case may be.
C.L. No. 151/VIIIa-99 dated 15th December, 1975
Separate registers for F.I.Rs., statements under section 164, Cr.P.C., dying
declarations,, report of Chemical Examiner Serologist and other experts including
ballistic experts, affidavits and identification memos should be maintained in the court of
every Magistrate and all those documents, whichever may be available at the time of
passing of the committal orders, be submitted to the courts of Sessions along with the
committal orders.
C.L. No. 8/iv f 80 Admn. (A) dated 18th February, 1981
There should be a regular flow of commitment of cases to the sessions so as to
avoid increase or decrease in pending sessions trials all of a sudden. If cases are
committed to the court of sessions regularly, the pending files of sessions trials may not
increase or decrease from month to month-necessitating withdrawal or posting of
additional courts at short intervals.
(i)
Expeditious disposal of Criminal cases and avoiding delay in committing

cases to the sessions.
C.L. No. 27/VIIb-47 Dated; Alld. Nov., 05, 1973
I am directed to refer to Court's Circular Letter No. 96, dated July 19, 1971 and to
say that it has come to the notice of the Court that due to unnecessary delay caused in the
committal proceedings, the accused, who are on bail, get an opportunity to win over the
prosecution witnesses and weaken the evidence against them. In consequence, the
prosecution is unable to establish charges leveled against the accused. Such difficulties
can be obviated to a great extent in case committal proceedings are finalised
expeditiously.
I am, therefore, to request you kindly to impress upon all the committing Courts
under your control to see that committal proceedings are finalized expeditiously, so that
the disposal of Criminal cases is not unnecessarily delayed.
(ii)
Disposal of committal cases by the Judicial Magistrates.
C.L No. 25/VIII -106/ Admn./96 dated May 18, 1996
I am directed to say that a large number of cases are pending in your judgeship for
committal. The delay in committing the cases to the Court of Sessions results in

 Now 1977 vide notification 504/Vb-13 dated 5.11.83