# SUMMONING OF WITNESSES

- **Citation:** C.L. No. 77/IV
- **Court:** Allahabad High Court
- **Decided:** 1976-05-28
- **Case number:** C.L. No. 77/IV
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/summoning-of-witnesses-163471
- **Pages:** 1

## Text

292
31.
SUMMONING OF WITNESSES
C.L. No. 77/IV h-36 dated 28th May, 1976 as modified by
C.L. No. 51/IV-h-36 dated 10th March, 1977
(i)
Procedure

(a)
Besides normal summons, simultaneous service by registered post direct
from the court may be made in case the party so applies.
(b)
Normal summons should be sent through the Superintendent of Police to
the Station Officer concerned within three days. The Station Officer shall report
compliance directly to the, court concerned within 15 days of the receipt of the
summons in the office of the Superintendent of Police.
(c)
The Inspector General of Police, Uttar Pradesh has issued separate
directions in this behalf to his subordinate officers. In case, however, no report is
received from the S.O. concerned within the prescribed time or report of noncompliance is received with regard to witness, the court should take up the matter
with the Superintendent of Police concerned immediately.

(d)
Notice to the accused also should be sent by registered post. (Government
has been moved separately to amend sections 62, 65 and 69 Cr.P.C.).
(e)
The court Ahalmad and the Thana Moharrir concerned should meet once
every month and in the presence of the Chief Judicial Magistrate and compare
their order books relating to summons and other processes so that the
discrepancies, if any, may be reconciled. Necessary directions to the police
officers have been issued by the Inspector General of Police in this behalf also.
C.L. No. 82 dated 31st May, 1976

At these meetings, two of the court Ahalmads should be required to bring their
respective registers of service of summonses and compare them in the presence of the
Chief Judicial Magistrate. If the court Ahalmad is found to be in, any way slack or
lacking in his work, the matter- should immediately be brought to the notice of District
Judge by the Chief Judicial Magistrate and severe action should be taken against the
defaulting court Ahalmad.
The meetings should be held outside court hours.
C.L. No. 124/VII b-107 dated 29th July, 1976

All the magisterial courts, while issuing summons or warrants under sub-section
(1) of section 204 Cr.P.C. 1973, should strictly follow the provisions of sub-section (3) of
the said section and ensure that the summons and warrants issued in complaint cases are
invariably accompanied by a copy of the complaint.
(ii)
Police officers
C.L. No. 69/VIIb-9 dated 28th October, 1983

In future summonses for the attendance of Police Officials/ Officers as witnesses
should not be sent to the U.P. Police Head Quarters, Allahabad and are served on the