# up an day today basis and are disposed of without any further postponement - **Citation:** C. L. No. 46/2006 - **Court:** Allahabad High Court - **Decided:** 2007-12-13 - **Case number:** C. L. No. 46/2006 - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/up-an-day-today-basis-and-are-disposed-of-without-any-further-postponement-163550 - **Pages:** 3 ## Text 334 under Section 138 of Negotiable Instruments Act has caused sombre anxiety. Therefore, the Hon'ble the Chief Justice of India wishes that significantly old civil cases as also all criminal cases involving petty offences including traffic and municipal challans and complaints under Section 138 of Negotiable Instruments Act, are as for as possible, taken up an day today basis and are disposed of without any further postponement. As a step crucial in attainment of unqualified sense of contentment amongst the litigants, the Hon'ble Court has been pleased to order that radically old civil cases as also all criminal cases involving petty offences including traffic and municipal challans and complaints under Section 138 of Negotiable Instruments Act, be, as for as possible taken up on day to day basis and disposed of without any deferral. If need be, referred to herein above criminal case might be assigned to all the judicial officers including Special Judicial Magistrates/ Special Metropolitan Magistrates exercising powers of Judicial Magistrate-first Class, in the judiciary under your administrative control. Further monthly progress of disposal of such cases be monitored and reports be sent out to the Court periodically and promptly so as to reach by 10th day of next following month for further monitoring of the matter. Therefore, I am directed to request you to take all such steps as might be obligatory in execution of the goal. C. L. No. 46/2006, Dated 27.l0.2006 The Hon'ble Supreme Court in marginally noted cases while laying down various guidelines has provided that the Court seized with the matter regarding withdrawal from the prosecution under section 321 of the Code of Criminal Procedure, in giving its consent to the request of the State for withdrawing prosecuting has to ensure that the public prosecutor has applied his mind independently, in good faith and the withdrawal is in public interest. It has been brought to the notice of this Hon'ble Court that the guidelines so prescribed are not followed in the spirit. Therefore, I am directed to request you to converse to all the Judicial Officers posted in the judgeship under your administrative control to ensure that guidelines laid down by the Hon'ble Supreme Court are strictly followed and specific reasons are given for exercising of powers under Section 321 of the Code of Criminal Procedure for withdrawal of the prosecution. C. L. No.57/2007Admin (G): Dated: 13.12.2007 The Hon'ble Court has been pleased to observe that Section 258 is included in chapter XX of the Code of Criminal Procedure in the form of an exception to the aforesaid normal progress chart of the trial in summons cases. By S.258, the power of Court to discharge an accused at midway stage is restricted to those cases instituted otherwise than on complaints. This section vivisects only "summons cases instituted otherwise than on complaints" into two divisions. One division consists of cases in which no evidence of material witness was recorded in which case the magistrate shall discharge the accused at 1. Sheo Nandan Paswan v. Statre of Bihar 1987 SCC 877 2. Mohd. Mumtaz v. Nandini Satpathy, AIR 1987 SC 836 3. V.S. Achuthanandan v. R. Balakrishana Pillai, AIR 1995 SC 436 4. Abdul Karim v. State of Karnataka, AIR 2001 SCC 116 5. Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734 6. Rahul Agarwal v. Rakesh Jain, AIR 2005 SC 910 335 midway stage recording the reasons .The other division consists of cases where stoppage of proceedings is made after the evidence of the principal witnesses has been recorded and in such case he shall pronounce the judgment of acquittal. Therefore in continuation of the earlier Circular Letter no. 52 /2006 dated 15.11.2006 , I am directed to say that the Magistrate Courts in their discretion may resort to the provisions U/s 258 of Cr.P.C. in appropriate cases . I am further to say that kindly bring contents of this Circular Letter to the knowledge of all the Magistrates working under your administrative control to strictly comply with the above direction of the Hon'ble Court. C. L. No.68/2007Admin (G): Dated: 13.12.2007. The growing docket explosion in both civil as well as criminal side of cases has necessitated an exploration of a device to meet this mammoth challenge. Hon'ble Court has envisioned that if at the level of subordinate courts, the practice of grouping the cases of like nature is adopted and such group of cases is listed before the courts, a considerable dent may be made in containing the rising number of cases. Therefore, I am directed to request you to kindly instruct all the judicial officers to get the cases of identical nature sorted out by their respective offices and get them listed before the court in such a manner so that cases of one nature happen to be heard by the presiding officers on a particular date. I am to add further that kindly bring the contents of this Circular Letter to all the Judicial Officers working under your administrative control to make strict compliance of the directions given. Creation of a Cell in each district for monitoring of compliance of directions for speedy disposal of matters Letter No. 1354/2011/Admin. G-II dated 24.01.2011 It has come to the notice of Court that officers are not giving due attention to the matters in which the Hon'ble Court or Hon'ble Supreme Court has recommended or issued directions for speedy disposal, making day to day hearing. Therefore, I have been directed to ask you to form a Cell, of which you or senior Additional District Judge shall be incharge, for monitoring of aforesaid matter and, please report compliance to the Court within fifteen days. (xxxii) Strict compliance of Circular letters issued by Hon'ble Court in respect of expeditious disposal of cases and elimination of arrears in District Courts. C.L. No. 16/2007: Dated: 25.04.2007 While referring to circular letters [(1) CL No. 14, dt. 20.3.1998 (2) CL No. 33, dt. 20.3.98 (3) CL No. 39 dt. 20.8.1998 (4) CL No. 59 dt. 11.11.1998 (5) CL No. 18 dt. 19/21.4.2000 (6) CL No. 27 Dt. 21.6.2000 (7) CL No. 30 dt. 10.7.2000 (8) CL No. 28 dt. 10.8.2001 (9) CL No. 13 dt. 16.4.2001 (10) CL No. 20 dt. May/June 6, 2003 (11) CL No. 28 dt. 4.8.2003 (12) cL No. 41 dt. 29.10.2003 (13) CL No. 44 dt. 20.12.2003 (14) CL No. 46 Dt. 20.12.2003 (15) CL No. 2586 dt. 19.2.2005 (16) CL No. 23, dt. 23.8.2004 (17) CL No. 7/2005 dt. 10.2.2005 (18) CL No. 1 dt. 15.2.2006 (19) CL No. 2 dt. 15.2.2006 (20 336 CL No. 3 dt. 15.2.2006 (21) CL No. 7 dt. 20.2.2007] I am desired to communicate that the Hon'ble Court has noticed with dismay that the Subordinate Courts are not paying adequate attention in carrying out the instructions issued by the Hon'ble Court in these circular letters and the purpose of passing these circular letters has become ineffectual. I am, therefore, desired to communicate to you kindly to impress upon the Judicial Officers working under your supervision & control in the judgeship to ensure strict compliance of the directions issued by the Hon'ble Court in the marginally noted circular letters. (xxxiii) Number of under trial prisoners together with the period of their detention and the status of their trial. C.L.No.16/ VIIIh-/2006; Dated: 4 May 2006 Recently the court noticed number of instances of under trial prisoners languishing in jails for a few decades. Such wretched cases illustrate the inconsiderateness of the justice delivery system and portray a rather dreary image of its functioning, having direct crash on human and constitutional rights of the prisoners. The court is of the considered view that regular monitoring of the progress of the under trial prisoners by the court itself and efficient inspection actually and meticulously investigating the number of under trial prisoners together with the period of their detention and the status of trial might help in avoiding the stoppable like hood of having such inopportune and forgotten under trial prisoners as well expediting the trial of such prisoners. Therefore, I am directed to request you to kindly regular and valuable scrutiny of the progress of the trial of under trial prisoners by the courts under your administrative control I am further directed to demand that while making joint inspection of the Distrilct Jail under courts Circular Letter N0. 82/VIIIf-9/Inspection Section dated 12.9.1994 make concrete and painstaking analysis of the number of under trial prisoners. Further also the chief Judicial Magistrate/ Additional Chief Judicial Magistrate authorized to ascertain the position of the under trials under court's G.L. No. 38/Admin (B) dated 9th Dec. 1968 read with the Court's C.L.No.198/Admin. dated 10.12.1976 be directed to craft substantial and conscientious analysis of the number of under trial prisoners together with the period of their detention and the status of trial still further neatly typed Quarterly report in regard to the number of under trial prisoners together with the period of their detention and the status of their trial as well method of steps taken to accelerate the of such prisoners be recurrently sent so as to reach the Deputy Registrar (Administration) by the 10th day of the opening month of each next following quarter. 33. MEDICAL EVIDENCE BY AFFIDAVIT C.E. No. 88 dated 31st May, 1976 Evidence of medical witnesses may be tendered by means of affidavits which should necessarily contain a detailed description of the injuries, the nature of weapon by which such injuries could be caused and the duration of the injuries, etc. and the affirmation of the witness that he had prepared the injury report in his handwriting and that the original was before him and that it bore his signature.