# the above considerations - **Citation:** C.L.No.65/VIIb-9 - **Court:** Allahabad High Court - **Decided:** 1983-10-28 - **Case number:** C.L.No.65/VIIb-9 - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-above-considerations-163495 - **Pages:** 5 ## Text 297 must be remembered that Sessions Judges and Magistrates can always send the coin or note to the Mint Master, or the Commissioner of Paper Currency, Calcutta as the case may be under cover of their court seal or by a messenger whose evidence can afterwards be taken and at the same time issue a commission of the examination of such officer as a witness under the provisions of section 503 of the Code of Criminal Procedure. This would prevent the great inconvenience of officers being called away from their duties unnecessarily. In special cases, a careful discretion is to be exercised, regard being had to the above considerations. Sessions Judge, District Magistrates and courts subordinate to them may consider the question of examining officers of the Indian Security press (Stamp press) Currency Notes Press and the Central Stamp Stores, whose evidence may be required in a case on commissions under Section 503 of the Code of Criminal Procedure. It is, however made clear that the power to issue commission is discretionary and should be exercised judicially after considering the circumstances of the case and the objection of the accused, if any. (vii) Commission for examination of witnesses in Pakistan C.E. No. 44/VIII-b-31 dated 29th July, 1963 The Central Government in pursuance of sub-section (3) of section 504 of the Criminal Procedure Code 1898 read with section 137 of the Army Act, 1950 directs that commission from the Judge Advocate General of the Army, or the Chief Legal Adviser of the Air Force, at the instance of Courts Martial in India for the examination of witnesses in Pakistan shall be issued in the Form annexed (to the C.E.) to the Court of the D.M. or Magistrate of the 1st Class within the local limits of whose jurisdiction in Pakistan the witness resides and that such commission shall be sent to the Ministry of External Affairs, Government of India, new Delhi, for transmission to the court concerned. (viii) Appearance of police officials in courts as witnesses. C.L.No.65/VIIb-9 Dated: Allahabad: 14.6.79 It has come to the notice of the court that summonses for the appearance of police officials/officers who have been transferred from the district are being sent to police headquarter, Allahabad for service and return. As no register of transferred police officials or officers is maintained at the police, Headquarter is unable to such summonses. The D.I.G., Police head-quarters, Allahabad has issued a circular letter to all S.P.S. that they should maintain record of all police officials/ officers transferred from their district to other district so that the public prosecutor may be in a position to inform the court about the latest address of police officers/officials. I am, therefore, directed to say that henceforth summonses requiring appearance of transferred police officers or officials as witness should instead of being sent to the Now Section 284 of Cr.P.C.1973 Now The Chief Judicial Magistrate. Now Section 285 of Cr.P.C.1973 Now Section 284 of Cr.P.C.1973 298 Police headquarters, Allhabad be sent to the S.P. of the district concerned after ascertaining their address from the public prosecutor. In case, It is not possible to ascertain the address of transferred police officers or officials from the public prosecutor, the summons of non-gazetted police officials be sent to the local S.P.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. The above instructions may please be brought to the notice of all concerned for compliance. (ix) Appearance of police officials in courts as witnesses. C.L.No.69/ VIIb-9, Dated: Alld: October 28, 1983 While inviting your attention to court's circular letter No.65/VIIb-9, dated 14.5.79 emphasizing the need to send summons for attendant of police of the District conceded, when the police official/ officer is reported to have been transferred to some other district, I am directed to say that have been brought to the notice of the court recently that the directions contained in the said circular letter dated 14.4.79 are not being complied with strictly with the result that summonses for the attendance of police officials/officers as witnesses are still being sent to the U.P. police head quarters, Allahabad which does not maintain any record of the transfers and posting of police officials/ officers. This obviously results in non-service of the summons in time and sometime the summonses are even lost in transit. I am, therefore, directed to emphasize upon you to see personally that in future summonses for the attendance of police officials/ officers as witnesses are not sent to the U.P. Police head Quarters, Allahabad and are served on the Police officials/ officers of the district concerned in the manner prescribed in the court's circular Letter No.65/ VIIb9, dated 14.6.79. This may kindly be communicated to all concerned for strict compliance. (x) Appearance of police official in courts as witnesses. C.L.No. 24/VIIb-dated: Alld: 13.7.1998 I am directed to Say that Directed General of Police, U.P. has apprised to the court that summons/warrants for the appearance of Police officials/officers are being sent to the headquarters director General of Police U.P. directly for service. The directorate has no such track for keeping the posting of sub-inspector/Head constable as to where they had been transferred. This results in non service of the summons/warrants in time. Considering above situation it indicate that directions contained in court's circular Letter No.65/VIIB-9dated 14.6.79 and circular letter no.69/VIIb-9, Dated 28.10.83 (copy enclosed for ready reference) are not being complied with strictly by the presiding Officer working under you. I am, therefore directed to impress upon all the presiding Officer to follow directions contained in the aforesaid court's circular letter for the attendance of Police Officials/officers as witness with the modification that if the service of summons/notice is not possible through the senior superintendent of police/superintendent of police of district concerned for the want of present address of transferred police officials below the 299 rank of the Inspector, the same be got served through Inspector general of police Headquarters, Allahabad. This may kindly be communicated to all concerned for strict compliance. (xi) Service of summons upon witness and accused persons. C.L.No.42/98 Dated: Allahabad: 20/8/1998 The Hon'ble court has noticed that the present system of service of summons is not effectively working and service upon the witness/accused persons are not being effected within the period fixed by the courts. The system is effecting the speedy trial of sessions and magisterial cases. In this regard, the court has taken the following decisions for strict compliance by all:- 1. Old practice of fixing one sessions trial for three days in continuation is revived. No other sessions trial except any formal part-heard trial in which one or two formal witnesses are to be examined should be fixed on the that day. 2. The process register as mentioned in rule 12 of chapter III OF G.R.Criminal be strictly maintained by all courts. A police official who is receiving the summons must state his name and number in clear block letters in columns no.5 so that the responsibility be fastened upon him. 3. Public prosecutor and D.G.C. (Criminal), as the case may be, should be asked to apply to the court for issue of summons but giving complete particulars of the witness. The summons should, thereafter be prepared and served upon the witnesses. 4. If the police personnel are not complying with the directions of the court then appropriate action under the provision of the contempt of courts Act be initiated against them. (xii) Effective control on Summons Cells C.L. No. 76/Admin. (F); Alld. Dated: 14.12.2007 Identifying the delay in service of Summons to be the main cause for delay in disposal of the Criminal Cases, on the recommendations of Hon'ble Court a cell with adequate number of police constables to be attached to each district court exclusively, has been constituted to attend the work of each court as per direction of the Sessions Judges/CJMs. I am directed to say that you shall exercise effective control over such cell and shall also submit a quarterly statement to the Hon'ble Court showing the performance for each month on the enclosed prescribed proforma. Therefore, I am to say that kindly ensure the compliance of above direction in right earnest. (xiii) Service of summons on formal witnesses. C.L.No. 43/98 Dated: Allahabad: 20/8/1998. 300 The Hon'ble Court has noticed with concern that the criminal cases are prolonging because the formal witnesses are not attending the courts on the date fixed for their evidence In order to ward off this evil the Hon'ble Court has taken a decision that the cases of such formal witness who have been transferred from the district be sent to them by registered post on the current place of posting intimated by them. I am, therefore, directed that the aforesaid directions of the court be strictly followed. Non-submission of Service Report in Contempt mattes by the Chief Judicial Magistrates C.L. 23/2006: Admin 'G'; Dated: 29.05.2006 Hon'ble Court while dealing with Contempt Petition has noticed that the reports with regard to the service of the summons are not being submitted by the Chief Judicial Magistrates within time. As a result of which, the contempt matters cannot proceed get delayed on account of the non-availability of the service report. Therefore, while drawing attention of all concerned to Court's Circular letter No. 109/VIIC-2/Admin. 'G' dated 30.11.1990 and Circular letter No. 19/Admin. ̳G' dated 3.2.1991 : I am directed to request that the contents of and directions in the circulars aforesaid, be unerringly gone through all the way for ensuring strict compliance by all concerned especially the Chief Judicial Magistrate under your administrative control by transmitting service reports within the time prescribed. Non-submission of service report within time may be viewed seriously and action might be initiated against the defaulting Chief Judicial Magistrate. C. L. No.51/2007Admin (G): Dated: 13.12.2007. The Hon'ble Court has noticed that the delay in disposal of criminal trials is attributable to non-service of summons/notices for want of addresses of witnesses. Frequent transfers of police officers, doctors and other witnesses also causes delay in disposal of cases for want of their correct addresses. Therefore, the Hon'ble Court has been pleased to direct that where summons/notices are returned on account of nonavailability of the witnesses for want of correct addresses, they shall send those summons/notices to the Director General (Medical and Health) and Director General (Police) respectively for effecting service such summons/ notices and it shall be duty of the Directorate concerned to return them to the Court concerned after service. I am further to request you to kindly bring the contents of this Circular Letter to all the Judicial Officers working under your administrative control and to impress upon them to ensure compliance of the above directions of Hon'ble Court in letter and spirit. (xiv) Payment of diet Money to witnesses. C.L. No. 35/VIII Dated: 24.9.2003 The Hon'ble Court has observed with concern that traveling allowances and diet money are not being paid in time to the Prosecution witnesses who are summoned for statement in criminal cases earning lack of interest by the witnesses to appear in the courts on the date fixed. As such, for want of the said allowances/diet money they become hostile resultantly causing delay in disposal of criminal cases. 301 I am, therefore, directed to request you to kindly issue necessary instructions to all the concerned in your Judgeship to ensure payment of traveling allowances and diet money to the witnesses timely so as to enable them to succour the courts with their testimony for reaching judicial findings. I am also to add to kindly ensure strict compliance of above directions of the Court. Reg. Insurance of identity of witnesses produced by the prosecution in support of its case C.L. No. 24/2010/Admin. ̳G-II' Dated 23.08.2010 I am directed to say that all the judicial officers within the State to make all possible efforts before recording statement of the prosecution witnesses, to ensure that witnesses produced by the prosecution in support of its case, are the actual witnesses and no impostor or fraudulent person is produced by the prosecution knowingly or unknowingly. If such a case is detected, the matter be immediately reported to the appropriate authority with recommendation of taking stern action in the matter. The above instructions may kindly be brought to the notice of all the Magistrates and Sessions Judges under your administrative control for guidance and strict compliance. 32. EXPEDITIOUS DISPOSAL (i) Procedural changes C.L. No. 66/VIIb-2 dated 24th September, 1984 Henceforth all the provisions of the Code of Criminal Procedure, 1973, relating to the early disposal of criminal cases should be exercised keeping in view the main changes made in the Cr.P.C. 1973, for reducing the arrears and expediting the trial of criminal cases. The District Judges should send a yearly statement to the State Government showing the progress in the disposal of criminal cases under intimation to the Court. Main changes (1) Powers of revision against interlocutory orders have been taken away. This had accounted for a large number of cases of delays. (Section 397(2) (2) The provision of compulsory stay of proceedings on the intimation of transfer petitions has been deleted. (Section 407 and 408) (3) Committal proceedings in Sessions cases have been abolished. (Section 209) (4) Limits have been prescribed for the duration of security proceedings. If a person has been kept in custody pending these proceedings for six months, the proceedings shall stand terminated. In other cases where the proceedings are not concluded within six months, the proceeding will ordinarily terminate but the court may in special cases continue the same. (Section 116) (5) Offences punishable up to 2 years will be summons cases with a simplified procedure (as against six months under the old code. [Section 2(iv) and (x)].