# 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-163472
- **Pages:** 2

## 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
293
Police Officials/ Officers of the district concerned in the manner prescribed in the Court's
Circular Letter No. 65/VII b-9 dated 14.6.1979.
C.L. No. 81/VIIb-68-Admn. 'G' dated 19th November, 1984

A police officer need not be summoned for evidence by any court during the
period of time he is attending a training course in any police training institution.

In case a summons has already been issued and the date of his evidence falls
during the period of his training course, and the office in-charge of the police training
institution informs the court that the said police witness is attending an in-service
training, the courts shall do well to postpone the date of evidence' to a date after the
completion of his training course. It is expected that the officer in-charge of the police
training institution shall be informing the court concerned the date on which the training
course is expected to conclude.

In exceedingly rare and exceptional cases where the court concerned is personally
satisfied that further postponement of evidence is not possible, the court concerned shall
forward such summons to the officer-in-charge of the police training institution with a
covering D.O. emphasizing the importance of the matter and directing him to relieve the
witness to enable his appearance on the, due date.

It is expected that officer-in-charge of police training institutions, on receipt of
such D.O. from any court, shall not seek any further adjournment and relieve the police
officer to appear for his evidence in the concerned court on the due date, provided again,
that the date does not clash with the dates of the final examination of the trainee.
C.E. No. 108/VII-d-41 dated 24th November, 1961

Officials of the Home branch of Uttar Pradesh Government may be summoned by
name only when their personal attendance is absolutely essential; and if certain
document, etc., are only to be produced or testified to, before the court or some evidence
is to be tendered on the basis of official records, the summons may not be issued by name
of the officials, so that the Government may be able to depute any competent person from
their staff to appear before the court to do the needful.
C.L. No.65/VIIb-9 dated 14th June, 1979

The summonses requiring appearance of transferred police officers or officials, as
witnesses should, instead of being sent to the Police Headquarters, Allahabad be sent to
the Superintendent of Police of the district concerned after ascertaining their address from
the Public Prosecutor. In case it is not possible to ascertain the addresses of transferred
police officers or officials from the Public Prosecutor, the summonses of non-gazetted
police officials should be sent to the local Superintendent of Police and that of gazetted
police officers to the Assistant Inspector General of Police, U.P., Lucknow, requesting
them to arrange for the service of summonses.
C.L. No. 65/VII-b-68 dated 13th June, 1951

This Court has received report that summonses issued in sessions cases are not
invariably received back after service before the trial commences. Complaints have also
been received indicating that Magistrates and Police Officers summoned to give evidence