# 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-163757
- **Pages:** 3

## Text

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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.
435
(ix)
To ensure strict compliance of the Courts direction regarding proper
maintenance of the record for the movement of the files in Government
Appeal.
C.L. No. 40/2003 Dated: 27th September, 2003

The Hon'ble Court ( Hon'ble S.K. Agarwal, Judge and Hon'ble V.S. Bajpai,
Judge) in Govt. Appeal 389 of 2000- State vs. Ajab Singh and others has observed with
concern that the records are handed over to the District Magistrates without proper entry
into the dispatch register this is a serious lapse in maintenance of the records which are
valuables security and in future for such lapses stern action shall be taken, proper record
be maintained for the movement of the files in Govt. Appeal. Any instruction received
from this court summoning the respondents in Government Appeals or Bail their record
shall be entered in separate register and the record of such Government Appeals be
retained until they are summoned by this Court. They should not be weeded out on expiry
of three years. The direction of this Court for execution of bailable warrant shall be
treated, as intimation to the District Courts is this regard. Whenever any such bailable
warrant is received the record be so segregated and they should be maintained separately
and securely.

I am, therefore, directed to send herewith a copy of the order dated 23.7.2003
passed by Hon'ble Court in Government Appeal No. 389 of 2000- State Vs. Ajab Singh
and others for your guidance and strict compliance in continuation of the Court's earlier
circular letter No. 25/2003, dated 31.7.2003.
C.L. No.47 Dated: 22nd November, 2004

I am directed to say that the Museum of Court Records and Archives in the
Allahabad High Court which contains a large number of old and rare documents of
archival and historical Importance useful for research scholars, besides being archival
treasure and a source of inspiration to young generation of lawyers is being recognized.
In this connection, such documents lying in the records of subordinate courts and other
officer relevant for judicial records are to be considered for being requisitioned and
scientifically preserved and secured in the Museum of the Court.

I am, therefore, to request you to kindly select old and rare documents in record
rooms, which in your opinion may be suitable for being included in the items to be
preserved and kept in the Courts Museum and to send a list of such documents with brief
description of their contents to this Court for perusal and orders of Hon'ble Museum
Committee.
Compliance of the direction passed by Hon'ble Court in Criminal Appeal No. 1800
of 1982 about reconstruction of records.
C.L. No. 12/2009/Admin. ̳G-II': Dated: April 9, 2009

While passing judgment and order in Criminal Appeal No. 1800 of 1982 - Ganga
Singh and others v. State of U.P., the Hon'ble Court has been pleased to observe that-
―...........District Judges to initiate an enquiry about the destruction of the records
in violation of rules as soon as information is received and also to inform the
Police Stations concerned to preserve the records (i.e. case diary, G.D. etc.) with
436
it. The District Judge concerned should also initiate the process of getting the
reconstruction of the records done even without awaiting the order of the High
Court as that would be in compliance with the letter and spirit of the directions of
the Supreme Court as held in the case of State of U.P. v. Abhai Raj Singh (AIR
2004 SC 3235). Communication should be sent immediately to the High Court
and the registry should list the case immediately and also place the matter before
the concerned Bench so that steps are taken for monitoring the reconstruction of
the records. Furthermore, an attempt should be made to punish the guilty officials,
who are responsible for the destruction/removal/weeding out of the record and if
necessary, criminal proceedings may also be initiated against them in the said
cases. If reconstruction of the record is not possible in a particular case, it may be
possible to get retrial ordered as directed by the Apex Court in Abhai Raj's case
(supra) if the time period elapsed is not inordinately long and the basic documents
are available.‖

I am, therefore, directed to send herewith a copy of judgment and order aforesaid
with the request to kindly circulate the same among all the Judicial Officers under your
supervision and control for their guidance and compliance.

I am further directed to request you to furnish the details of such cases in which
records are missing and weeded out in violation of the Rules.
To overcome the problem arising due to destruction or loss of original record.
C.L. No. 14/2009/Admin. ̳G-II': Dated: April 9, 2009

It has come to the notice of Hon'ble Court that in many cases of heinous crimes,
original records have been lost or weeded out in the lower courts even during the
pendency of government appeals/criminal revisions before the High Court. In such
circumstances, the accused is the direct beneficiary of the destruction or loss of original
record.

In this regard, the Hon'ble Court has been pleased to direct that on receipt of
intimation from this Hon'ble Court about the pendency of Government appeal, criminal
appeal or revision, the original record related thereto shall be segregated and safely kept
apart for being transmitted to this Hon'ble Court as and when required.

I am, further directed to request you that details of such segregated records be
entered in a separate bound register to be placed before the District Judges Officer In
charge Record Room in the first week of the month invariably.

I am also to add kindly to ensure strict compliance of the above directions.
7.
REQUISITION OF RECORDS
(i)
from revenue court
G.L. No. 1/67-1 dated 9th January, 1942

Civil courts should send court fee label of Re. 1 realized under rules 207 and 234
of General Rules (Civil), 1957, to the Collector's record keeper, while requisitioning
revenue court records as required by paragraph 1288(2) of the Manual of the Revenue
Department, U.P.