# spirit by the Judicial Officers, which in the Court's observation has made the provIsion of

- **Citation:** Circular letter no.21 of 2006
- **Court:** Allahabad High Court
- **Decided:** 1990-07-30
- **Case number:** Circular letter no.21 of 2006
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/spirit-by-the-judicial-officers-which-in-the-court-s-observation-has-made-the-163657
- **Pages:** 2

## Text

397
anguish over non-observance of the provisions under Section 156(3) Cr.P.C in its true
spirit by the Judicial Officers, which in the Court's observation has made the provIsion of
156(3) of the Code otiose.
Therefore In continuation of the Court's earlier Circular letter no.21 of 2006 dated
291t1 May I 2006 , I have been directed to send herewith a copy of the judgement and
order dated 25.09.06 passed by the Hon'ble Court in above criminal misc. application
6152 of 2006- Smt. Masuman Vs. State of U.P. and others connected with various other
Criminal misc. applications with the request to kindly ensure that the provisions as
contained In Section 156(3) of Cr.P.C are strictly followed by the Judicial Officers in the
Judgeship under your supervision and control while providing them with a copy of the
Judgement and order aforesaid for their intimation, guidance & compliance.
(iv) Guidelines regarding application of provisions as contained in Section 156(3)
Cr.P.C.
C.L. No. 5/08/Admin ̳G' Section Dated: Allahabad: 21.01.2008
I am directed to say on the above subject that the Hon'ble Court has been pleased
to withdraw the Court's Circular Letter No. 51 of 2006 Dated 15.11.2006 issued as a
guideline for application of the provisions as contained in Section 156(3) of Cr.P.C.
Therefore you are requested to kindly bring this fact to the knowledge of all the
Judicial Officers working under your administrate control for information.
65.
JURISDICTION
(i)
Special Courts under The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989
C.E. No.77 Main B-Admn. (D) dated July 30, 1990
In pursuance of the provisions of Clause (3) of Article 348 of the Constitution, the
Governor is please to order the publication of the following English translation of
Notification No. 44/VII.A.N.124/89, dated January 30, for general information.
 Notification/Misc. No. 44/VII-A.N. 124/89 dated January 30, 1990.
In exercise of the powers under Section 14 of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act No.33 of 1989), the
Governor, with the concurrence of the Chief Justice of High Court of Judicature at
Allahabad is pleased to specify the District and Sessions Judges of Pauri Garhwal,
Chamoli, Tehri Garhwal, Uttarkashi, Almora and Pithoragarh and the second Additional
District and Sessions Judges of other districts of Uttar Pradesh to be the Special Courts of
their respective districts try the offences under the said Act.
(ii)
Withdrawal of the powers of Assistant Sessions Judge, earlier conferred on
Court of Small Causes, Civil Judges and Additional Civil Judges, and of
recess facility to them.
C. L. No. 50/IV-g-27; dated May 21, 1994
I am directed to say that Court's Circular Letter No. 26/IV-28, dated March 23,
1949 by which the Judges of the Court of Small Causes, Civil Judges and Additional
Civil Judges were appointed as Ex-officio Assistant Sessions Judges, was reconsidered
398
by the Court and on reconsideration the Court has revoked the aforesaid Court's Circular
Letter with immediate effect.
I am further to say that all the Civil Judges/Additional Civil Judges, Judge Small
Causes Court and Additional Judge Small Causes Courts in the State are conferred
powers under Section 11(3) of the Code of Criminal Procedure, 1973 by the Court vide
Notification No. C-394/JR (S) /94, dated, Allahabad, May 21, 1994, copy enclosed.
The Civil Judges/Additional Civil Judges, Judge Small Causes Court/Additional
Judge Small Causes Court who used to avail sessions recess as they were earlier
exercising powers of Assistant Sessions Judges shall not be allowed any recess, instead
these; officers after conferment of powers under Section 11(3) of the above mentioned
Code may be detained during summer vacations, winter vacation in the Hills for doing
the criminal work as Additional Chief Judicial Magistrates.
So far as Civil powers are concerned, the Government of Uttar Pradesh has
already in exercise of the powers under clause (b) of sub-section (1) of Section 36 of the
Bengal, Agra and Assam Civil Courts Act, 1887 invested in consultation with the High
Court, the powers of the Court of Civil Judge on all the Additional Chief Judicial
Magistrates in Uttar Pradesh vide notification No. 969/VII-A.N.-214-90, dated March 6,
1990 and communicated to the District Judges vide Court's Circular Letter No.38, dated,
March 21, 1990.
I am, therefore, to request that the contents of this Circular may be brought to the
notice of all concerned.
HIGH COURT OF JUDICATURE AT ALLAHABAD
NOTIFICATION
No. C-394/JR (S)/94 dated May 21, 1994
In exercise of the powers conferred under Section 11(3) of the Code of Criminal
Procedure, 1973, the High Court is pleased to confer the powers of Judicial Magistrate,
First Class upon all the Judges Small Causes Court, Additional Judges, Small Causes
Court, Civil Judges and Additional Civil Judges in the State.
(iii)
Special court for trying cases under section 122 D (7)198A (7) and 211 (5) of
U.P.Z.A. and L.R. Act and section 27 (6) of U.P. Imposition of Ceiling on
Land Holdings Act.
C.L.No.45/Admn-A3 dated : Allahabad: 14th October, 1997
With reference to the court's letter No.19161/Admin.A-3 dated November 15,
1996 on the above subject I am directed to request you kindly to furnish data of cases
pending section 122 D(7), 198(7) and 211 (5) of the U.P. Zamindari abolition and land
reforms Act and Section 27(6) (g) of the U.P. Imposition of ceiling on Land Holdings Act
in your judgeship, to the court immediately.
(iv)
Conferment of powers of Special Courts to one of the existing Sessions
Courts to try cases falling under the Electricity Act-2003.
C.L. No. 29/main-B/Admin.(a-3) Dated : 21.9.2004