# unnecessary adjournments and delay in the disposal of sessions cases

- **Citation:** C.L. No. 28
- **Court:** Allahabad High Court
- **Decided:** 1955-08-22
- **Case number:** C.L. No. 28
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/unnecessary-adjournments-and-delay-in-the-disposal-of-sessions-cases-163482
- **Pages:** 2

## Text

294
in sessions courts do not always attend in time and on the dates fixed. This result in
unnecessary adjournments and delay in the disposal of sessions cases.

District and Sessions Judges and Additional District Judges should send a report
to the Court whenever a sessions trial has to be adjourned due to the default of the police
or the Magistrate.
C.L. No. 28 dated 26th March, 1968

Assistant Sessions Judges and Magistrates should, as far as possible,
accommodate district authorities by not insisting on appearance of the Magistrates
detained on law and order duties during festivals like Id, Moharram and Holi, etc. as witnesses on those dates. Convenient dates should be fixed for their appearance.
G.L. No. 10/VII b/68 dated 17th March, 1947

Government have directed the Inspector General of Police to issue circular order
to ensure that police officers attend court without fail on the date fixed by the Sessions
Judge, and that careful attention is paid to the service of summonses and their return to
the courts concerned.

District Magistrates have also been asked to issue instructions to all Magistrates
subordinate to them that they should attend the sessions court on the due date whenever
required to do so.
(iii)
Wireless message
C.E. No. 2/VII-b-68 dated 3rd January, 1975

With a view to avoid undue pressure on police wireless grid and to enable it to
control the law and order situation, the services of the police wireless grid can be utilized
with the permission of the District Judge for summoning witnesses in Sessions Trials
only in special circumstance and subject to the following conditions in supersession of
G.O. no. 22 65/VIII-2088-1948, dated August 22, 1955:
(1)
Radiogram can be used only in cases where information cannot be sent in
time through postal service.
(2)
Radiogram should be written in telegraphic language.
(3)
Radiogram should be sent under the signature of the District Judge
only.
C.L. No. 102/VI b-11 dated 9th June, 1976

The Government has restored the wireless facilities for summoning of prosecution
witnesses. The facility so restored may please be utilized for summoning of prosecution
witnesses.
C.E. No. 65/IVh-36 dated 24th March, 1977

It informs all the District and Sessions Judges that the Court has decided that on
the criminal side the processes should be filled in by the Court Moharrirs or any other
police official before filing them in courts and directs in future no process should be
accepted unless it is duly filled up.
295
(iv)
Doctors
G.L. No.7/VIIIa-5 dated 7th August, 1951

A medical practitioner whether he be a private practitioner or a government
servant should not be summoned to appear at 10 a.m. on the date on which he is
summoned as a matter of course but should be summoned to attend at a time when the
court thinks it will be able to examine him. Every effort should be made to accommodate
him so as to interfere as little as possible with his professional work.
C.L. No., 45/VIII a-5 dated 24th March, 1971

Evidence of medical officers coming from outside should be fixed after lunch
interval and of those who are posted at the place where the court is situate should also be
recorded after lunch interval keeping in mind the convenience of the doctors. If bail
applications are taken up soon after lunch interval, the time for appearance of medical
practitioners may be fixed keeping in mind the time generally taken in such applications.
In case any bail application remains un-disposed of it may be taken up after, the medical
evidence has been recorded or on the next day as may be desired by the parties. Steps
should also be taken that the medical practitioners do not have to wait standing outside
the courtroom for want of furniture.
C.L. No. 82/VII b-52 dated 23rd September, 1968

While issuing summons to a medical officer full particulars of the case in which
he is to be examined should be furnished by, the courts concerned so as to enable him to
come prepared with the case. The medical officer so summoned should be relieved as
soon as practicable to avoid dislocation of work of the hospitals due to his long absence.
C.L. No. 19/VIII-a-84 dated 24th April, 1967

Magistrates should invariably mention the names of parties 'and particulars of the
case in the letter of request, in H.C.J. Form No.IX-27, issued to the Civil
Surgeons/Medical Officers-in-Charge in order to give them an idea of the case in which
they are required to give evidence.
C.L. No. 5 dated l6th January 1965 read with
C.L. No. 53/VII-6-52 dated 4th October, 1960

Frequent summoning of Civil Surgeon and Medical Officers and at too short
notice dislocates normal working of the hospitals. This should be avoided as far as
possible and the instructions contained in the above-noted circular letters should be
followed.
C.L. No. 88/VIIb-52 dated 4th November, 1980

The summons to the doctors should be routed through the Chief Medical Officer
of the district and should be issued well in advance so as to reach at least a week before.

The evidence of doctors should as far as possible be taken after lunch.

 Chief Medical Officer.