# should be referred direct to the State Government for orders

- **Citation:** C.L. No. 16/VIIIb-65
- **Court:** Allahabad High Court
- **Decided:** 1994-01-02
- **Case number:** C.L. No. 16/VIIIb-65
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/should-be-referred-direct-to-the-state-government-for-orders-163756
- **Pages:** 1

## Text

434

Proviso (II to rule 118) of Chapter XII General Rules (Criminal), 1957,* gives
ample discretion to the District Judges and District Magistrates to order the preservation
of any records permanently and hence all judicial records in criminal cases connected
with the freedom movement in India and having a historical value should be retained
permanently, and in case of any doubt about the historical value of any record, the matter
should be referred direct to the State Government for orders.
(vi)
Records of dissolution of Muslim Marriages
C.L. No. 16/VIIIb-65 dated 11th February, 1970

Records in suits relating to dissolution of marriages under the Mohammadan Law
should be classified and prepared strictly in accordance with rule 152(a) of the General
Rules (Civil), 1957, Volume I.
(vii)
Weeding out of the records of cases in the subordinate courts.
C.L. No. 38 /2000: Dated: 11th July 2000
 In continuation of the court's C.L. No.2/VIIIb-65, dated January 2, 1994 on the
above subject. I am directed to say that it has come to the notice of the Court that the
provisions of first and Second proviso of Sub-Rule (6) of Rule 196 of the General Rule
(Civil) 1957, Volume I and Rule 118 of chapter XII of General Rules (Criminal) are not
being strictly complied with and the records of the cases are weeded out despite having
knowledge of filing of an appeal by the appellant against their conviction.
It is, therefore, requested that in the cases of convictions, if you get on
information with regard to preference of an appeal by the convicted accused persons no
records are to be weeded out.
The above instructions may kindly be brought to the notice of all concern working
under your administrative control for guidance and strict compliance in future.
(viii) To ensure strict compliance of orders of the Court passed in Government
Appeal No. 185 of 2000- State of U.P. vs. Kartar Singh and others.
C.L. No. 25/2003 Dated 3rd July, 2003
While enclosing herewith a copy of the orders dated 27.3.2003 passed by the
Hon'ble Court ( Hon'ble Mr. Justice S.K. Agrawal and Hon'ble Mr. Justice R.S.
Tripathi) in Government Appeal No. 185 of 2000 State of U.P. Vs. Kartaar Singh and
other, I am directed to say that any record required by the District Magistrate shall only
be supplied to a responsible officer of the District Magistracy and the record shall not be
sent simply on requisitions of the District Magistrates unless a responsible officer attends
the concerned Court for this purpose with the requisition slip.

I am further directed to say that the record so sent to the District Magistracy be
returned to the concerned court immediately after the purpose is over.

I am also to add that while receiving the record it be ensured that the same is
authentic and intact.

*
Note: Now 1977 vide notification no. 504/Vb-13 dated 5.11.83.