# specified by the Court. It is not proper

- **Citation:** C.L. No. 19/VIII-b-119/Admin
- **Court:** Allahabad High Court
- **Decided:** 1989-04-11
- **Case number:** C.L. No. 19/VIII-b-119/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/specified-by-the-court-it-is-not-proper-163633
- **Pages:** 2

## Text

369
―It has come to over notice that whenever it is reported that any of the accused
appellant or revisionist has died and report regarding verification of the death is called
for from the CJM concerned the reports submitted in most of the cases are vague and
enigmatic based on the reports of head constable and that too not within the time
specified by the Court. It is not proper.
Henceforth Sessions Judges should ensure and emphasize upon the Chief Judicial
Magistrates that in case an accused appellant whose death is required to be verified is
either murdered or killed in police encounter the report of the police officer not below
the rank of sub-inspector along with particulars of the crime countersigned by the station
officer should be submitted and Chief Judicial Magistrate concerned should record the
statement of the Sub-Inspector concerned on oath who shall prove the GD entry
regarding registration of the crime and get its true copy proved and filed.
In other cases CJM concerned should ensure that fact regarding death of any
accused appellant should be enquired by any police officer not below the rank of subinspector posted at the police station concerned who himself shall enquire into the matter
carefully and promptly and submit his report under his signature countersigned by the
station officer concerned. After receiving the police, report in the court CJM concerned
shall record statement of the sub-inspector on oath who enquired into the matter in
addition to the statements of any of the witnesses having personal knowledge of the
matter. And then CJM concerned after his subjective satisfaction shall submit his report
along with the statements of witnesses recorded by him and the report submitted by the
police along with the papers concerned to this court within the time specified.‖
Therefore, in continuation of Court's earlier C.L. No. 19/VIII-b-119/Admin. ―G‖,
dated April 11, 1989 and C.L. No. 7/ VIII-b199, dated March 29, 2003 I am directed to
send herewith a copy of the order dated 2.12.2004 passed by the Hon'ble Court in
criminal Appeal No. 2408 of 1981, aforesaid, for your information and compliance with
the request to kindly bring the contents of the Court's circular letters, referred to above,
as well as the order dated 2.12.2004 to the notice of the Chief Judicial Magistrate in your
Judgeship for strict compliance of the directions issued by the Court in this regard.
(xxv) Circulation of copy of the Judgment and order passed by the Hon'ble Court
in first Appeal From Order No. 246 of 1998- Dr. Prem Pal Singh and
another vs. Shri Pokar Ram and another.
C.L. No. 16 /2005 Dated 19th April, 2005
I am directed to send herewith a copy of Judgment and Order dated 08.12.2004
passed by Hon'ble Court (Hon'ble Mr. Justice A.K. Yog and Hon'ble Mr. Justice R.B.
Misra) in first Appeal from Order No. 246 of 1998- Dr. Prem Pal Singh and another Vs.
Shri Pokar Ram and another for information and strict compliance.
I am further to add that the directions given by the Hon'ble Court in the
aforementioned Judgment and Order may kindly be communicated to all those who are
exercising jurisdiction of the Motor Accident Claims Tribunal in the Judgeship under you
administrative control for their information and compliance faithfully and punctually.
(See Judgment 2005(1) A.W.C. 818)
370
(xxvi) Circulation of copy of the Judgment and order passed by the Hon'ble court
in First Appeal No. 271 of 2005- Moti Lal vs. Bhagwan Das.
C.L. No. 24 /2005 Dated 8th August, 2005
I am directed to send herewith a copy of Judgment and Order dated 4.3.2005
passed by Hon'ble Court (Hon'ble Sushil Harkauli, J. and Hon'ble G.P. Srivastava, J.) in
First Appeal no. 271 of 2005- Moti Lal vs. Bhagwan Das for information and strict
compliance.
I am further to add that the directions given by the Hon'ble Court in aforesaid
Judgment and Order may Kindly be brought to the notice of all the Judicial Officers in
the Judgeship under your administrative control for their information and guidance
faithfully and punctually.
(See for Judgment 2005 (60) ALR7)
C.L. No. 50/2006: Dated 15th November, 2006

In Criminal Misc. Writ Petition No.12873 of 2005 - Ramesh and another v. State
of U.P. & others, the Hon'ble High Court has observed that the staff of the subordinate
court do not communicate the orders passed by Hon'ble Court in time and as such this
type of careless activity malign the image of judiciary, if not properly followed in true
perspective.

While enclosing herewith a copy of the order dated 15.09.2006 passed in
Criminal Misc. Writ Petition No. 12873 of 2005 - Ramesh and another v. State of U.P.
and others aforesaid, I am directed to request you to kindly direct all officers working
under your supervisory control to be more careful about their staff in respect of
communication of the order of the High Court to uphold the majesty.

Kindly ensure strict compliance of the directions above.
(xxvii) Endorsement regarding age of he accused when he mention his age at the
time of his examination under Section 313 Cr. P.C.
C.L. No. 5/2006 Admin ̳G' Dated: 15th February, 2006
While taking orientation and inviting attention to court's Circular Letter Nos. 69
dated 13.8.1968, 117/VIIc-34 dated 5.8.1974, 89 /Admin. ̳A' dated 3.5.1977, 71/VIIc-34
/Adm. ̳G' dated 7.11.1981 and 33/ Admin, ̳G' /VII-f-45 dated 13.5.1986. I am desired
to say that the Hon'ble Court (coram Hon'ble Mr. Justice Imtiyaz Murtaza and Hon'ble
Mr. Justice Amar Saran) in Cri. Jail appeal No.58 of 2001- Kaloo Vs. State of U.P.
2006(54) ACC 343 has been pleased to ―direct all the Sessions Judges and Magistrates in
the State of U.P. to make a positive endorsement as to their own estimate of the age of the
accused when the accused mention their ages at the time of their examination under
Section 313 Cr. P.C. This endorsement must be made in each and every case even if the
Court concerned is in agreement with the age as mentioned by the accused. This direction
has become necessary because we are finding that the requirement in Rule 50 of the
General Rules (Criminal) that the court must not down its own estimate of age in case it
is not in agreement with the age mentioned by the accused are more often than not being
overlooked by trial courts. Only if the Court is required to record a positive finding about
the age of the accused in each trial after looking to the age mentioned by the accused in