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Allahabad High Court · body

2025 DIGILAW 151 (ALL)

Sachin v. State of U. P.

2025-01-31

ARUN KUMAR SINGH DESHWAL

body2025
Hon'ble Arun Kumar Singh Deshwal,J 1. This matter was heard by this Court on 09.01.2025. On that date following order was passed; "1. This matter was heard by this Court on 18.12.2024. On that date several directions were issued to the district judiciary, regarding maintaining the process register as well as proper implementation of process of court which includes summons, warrants and process under Sections 82 & 83 of Cr.P.C. 2. By the order dated 18.12.2024, the Deputy Director General, NIC, the Additional Director General (Technical Services), U.P. Lucknow and C.P.C., High Court Allahabad were directed to appear before this Court. 3. In pursuance of the order dated 18.12.2024, Deputy Director General, NIC, Mr. Shashikant Sharma as well as some other officers, attached to the office of Additional Director General (Technical Services), U.P. Lucknow are present through video conferencing. Apart from this, the C.P.C., High Court Allahabad along with Mr. Alok Mishra, System Analyst, High Court Allahabad is also present before this Court. 4. A letter has been received from the Superintendent of Police (Technical Services), UP, Lucknow that the Additional Director General (Technical Services), U.P. Lucknow is not well and he is advised by the doctor for taking bed rest from 8.1.2024 to 14.1.2025 and for that reason he could not personally attend the Court through video conferencing. 5. This Court also heard Sri Dilip Kr. Pandey as a representative of the Bar of High Court Allahabad, regarding problems of the members of the Bar, facing with new technology which requires proper training of the private as well as government advocates. 6. This Court has also received certain suggestions from the Incharge District Judge, Shamli as well as other judicial officers at Shamli through video conferencing on 8.1.2025 and they informed that in the District Court, Shamli all the processes of the criminal courts are being sent through NSTEP and that system has been properly working except some minor issues. 7. Mr. Shashikant Sharma, Deputy Director General, NIC, has assured the Court that he will rectify all the technical issues within the next two weeks. It is also informed by Mr. Sharma that certain issues like non-availability of facility of taking thumb impression of the person, to whom the process of the court has to be served, is being rectified with the help of police. It is also informed by Mr. Sharma that certain issues like non-availability of facility of taking thumb impression of the person, to whom the process of the court has to be served, is being rectified with the help of police. It is further informed by him that an NIC team is working for proper utilization of the National Prisoner Information Portal and right now the access to the same has been given to the Advocate General of the States who can see several services provided at this portal. It is further informed that any person, whether a relative or an advocate of the prisoners, can avail these facilities available on National Prisoner Information Portal, which also includes custody certificate, after getting registered with the consent of the prisoner. 8. Mr. Sharma further assured that an NIC team will also visit Allahabad to train all the State Government Advocates as well as advocates for the Union of India so that they could be aware of the technical part of the NSTEP, ICJS and other technicalities. 9. A fact came into the knowledge of this Court, on apprisal of Mr. Sharma, that though the National Prisoner Information Portal has been very effectively working in Delhi and Rajasthan, it is not working properly in U.P. Therefore, the Director General (Prison), U.P. is directed to look into the issue and also to take advice, if necessary, from the NIC for proper implementation of National Prisoner Information Portal so that the facilities, available on that portal, can be availed by the relatives or advocates of the prisoners. 10. It is also informed by Mr. Sharma, Deputy Director General (NIC), that though the NSTEP has been effectively implemented in District Shamli, but it is not working properly in Ghaziabad, Allahabad and Lucknow as the police as well as district courts are not showing their interest for effective implementation thereof. Therefore, the Commissioner of Police, Ghaziabad as well as the District Judge, Ghaziabad are directed to look into this issue to make the NSTEP effective and apprise this Court about the same by appearing through video conferencing on the next date of listing. 11. The C.P.C., High Court Allahabad also informed the Court that he got the feed back from different district courts about implementation of the NSTEP as well as ICJS. 11. The C.P.C., High Court Allahabad also informed the Court that he got the feed back from different district courts about implementation of the NSTEP as well as ICJS. It is further informed that he has sent a letter to the Director, JTRI, Lucknow to conduct a training programme of judicial officers in the State of U.P. to make them aware of technical knowledge of NSTEP and ICJS. 12. Another fact also came into the knowledge of this Court that the constables, posted in summon cells at district court level, instead of executing the summons or other processes of court, have been doing work of police pairokar. They simply take process from the court and hand over the same at the concerned police station. Though the Director General of Police, U.P., Lucknow in his personal affidavit, has mentioned that 800 police personnel have been deputed in the summon cell and they have assigned the duty only to execute the process of court, but it appears that these police personnel are not working properly and they are simply doing the work of postmen, by taking the process from the court and delivering the same at the concerned police station. Therefore, the Director General of Police, U.P., Lucknow is also directed to look into this issue and take effective steps for execution of the processes of courts through summon cell under the supervision of the Chief Judicial Magistrate. 13. This Court also directs the NIC team of Allahabad High Court to arrange a training programme for the Bar Association of High Court Allahabad as well as Advocates Association of High Court Allahabad so that the members of the Bar could be aware of the new technology of NSTEP and ICJS etc. 14. This Court also found that the Apex Court in a number of cases has directed that once a bail order has been passed by the concerned Court, then the same should be immediately electronically communicated to the concerned jail authorities so that release of the prisoner should not be delayed. Therefore, it would be appropriate that just like Delhi, in U.P. also. the Courts' orders, including the bail orders, should be electronically sent to the jails for the earliest release of the prisoners. 15. Therefore, it would be appropriate that just like Delhi, in U.P. also. the Courts' orders, including the bail orders, should be electronically sent to the jails for the earliest release of the prisoners. 15. In this regard, this Court directs the Director General (Prison) to appear before this Court on the next date of listing through video conferencing and apprise the Court about the steps taken by him for effective implementation of this system so that the Courts' orders could be properly communicated to the prison authorities for earliest release of the prisoners and also the effective use of National Prisoner Information Portal. 16. The Deputy Director General, NIC as well as Director General (Prison), U.P. will also inform this Court on the next date of listing whether the FASTER (Fast and Secure Transmission of Electronic Record) System can be implemented in U.P. for transmission of e- authenticated copies of the interim orders, stay orders, bail orders etc. for compliance and due execution, through a secured electronic communication channel as directed by the Apex Court in Suo Moto Writ Petition (C) No. 4 of 2021 (In Re: Delay in Release of Convicts after Grant of Bail). 17. This Court has also been apprised about the reasons for delayed disposal of all the criminal cases before the courts below, that includes shortage of APOs and POs in the Magistrate courts and also the shortage of court staff, including the staff which is required in computer sections of the concerned courts at district level. This Court has also been apprised that there is a provision that in every civil court, there should be 01 clerk for 300 files and in every criminal court, there should be 01 clerk for 500 files. There is also a provision that if the number of files exceed more than 1000 in a criminal court, then there should be one extra clerk in the concerned court. 18. In view of the above, the Registrar General, High Court Allahabad may also look into this issue and apprise this Court about the action taken by the High Court Allahabad for filling up the vacancy of the court staff at district courts level as per the prescribed standard. 19. 18. In view of the above, the Registrar General, High Court Allahabad may also look into this issue and apprise this Court about the action taken by the High Court Allahabad for filling up the vacancy of the court staff at district courts level as per the prescribed standard. 19. As mentioned above, one of the reasons for delayed disposal of criminal cases at district level is the insufficient number of APOs, POs and ADGC(Criminal) as well as their disinterest in ensuring the examination of witnesses, therefore, the Director General (Prosecution), U.P. is directed to look into this issue and apprise the Court about the same on the next date of listing. 20. As per per the C.P.C., High Court Allahabad, a letter has been sent to the Director, JTRI to conduct training of judicial officers, to make them aware of the technology of NSTEP and ICJS. Therefore, the Director, JTRI is also directed to inform this Court on the next date fixed about the action taken by him for organizing the training programme for the judicial officers at district level in the State of U.P. 21. Put up this case as fresh on 31.1.2025 as fresh at 10:00 A.M. for further hearing. 22. On that date the Deputy Director General, NIC; the Additional Director General (Technical Services), U.P. Lucknow; the Director General (Prosecution), the Director General (Prison), U.P.; the Director, JTRI, Lucknow; the District Judge, Ghaziabad as well as the Commissioner of Police, Ghaziabad will personally appear before this Court through video conferencing and the Registrar General, High Court Allahabad; C.P.C., High Court Allahabad along with Mr. Ashok Singh, Joint Registrar (Computer) and Alok Mishra, System Analyst, High Court Allahabad, shall remain physically present in the Court. 23. It is made clear that if the Additional Director General (Technical Services), U.P. could not appear on the next date of listing because of some problem, then in his place, the Director General of Police, U.P. will appear through video conferencing. 24. Registrar (Compliance) is directed to communicate this order to all the above officials and also to the Director General of Police, U.P. for compliance." 2. In pursuance of the order dated 09.01.2025, following persons are present through video conferencing. The Deputy Director General, NIC, Mr. Shashikant Sharma, Mr. 24. Registrar (Compliance) is directed to communicate this order to all the above officials and also to the Director General of Police, U.P. for compliance." 2. In pursuance of the order dated 09.01.2025, following persons are present through video conferencing. The Deputy Director General, NIC, Mr. Shashikant Sharma, Mr. Naveen Arora, Additional Director General (Technical Services), U.P. Lucknow, Director General (Prosecution) U.P., Director General (Prison),U.P., Police Commissioner, Ghaziabad, Director, JTRI, Lucknow, District Judge, Ghaziabad and District Judge, Shamli have personally appeared before this Court through video conferencing. Apart from this, the Registrar General, High Court Allahabad, Mr. Ashok Singh, Incharge C.P.C., High Court Allahabad and Mr. Alok Mishra, System Analyst, High Court Allahabad are also present before this Court. Mr. A.K. Sand, learned Additional Advocate General assisted by Sri Pankaj Saxena is also present in Court. 3. The District Judge, Shamli and the District Judge, Ghaziabad have apprised certain technical issues regarding NSTEP as well as uploading of released order on jail portal for which Mr. Shashikant Sharma, the Deputy Director General, NIC assures that he will resolve all these technical issues within next 15 days. 4. Following issues have also been brought into knowledge of this Court by the District Judge, Shamli; (a). Non-availability of proper service report containing signature and photograph of person to whom process of the court has been served. (b). Though while issuing process of court, details of all Acts and Sections are feeded but in finally generated E-process, only first Act and its Sections are printed. Complete details of all Acts and Sections are not printed. 5. Mr. Sharma, DDG, NIC assured to resolve above issues raised by the District Judge, Shamli. 6. Mr. P.V. Ramasastry, Director General (Prison) has also informed that though the Jail Portal as well as FASTER System are working but could not be implemented properly due to lack of awareness for which he will arrange a training with the help of NIC within next three weeks. 7. Mr. Shashikant Sharma, Deputy Director General, NIC also assures this Court that he will co-ordinate the respective courts along with DG (Prison) for proper implementation of Faster System as well as uploading the courts' order to jail portal. 8. The Police Commissioner, Ghaziabad has also raised certain technical issues in implementation of NSTEP at Ghaziabad for which Mr. Sharma, DDG, NIC also assured to resolve the issues within next 15 days. 9. 8. The Police Commissioner, Ghaziabad has also raised certain technical issues in implementation of NSTEP at Ghaziabad for which Mr. Sharma, DDG, NIC also assured to resolve the issues within next 15 days. 9. It has also been assured by the District Judge, Ghaziabad as well as the District Judge, Shamli that they will instruct to their Judicial Officers to send released orders to jail authorities on e-portal as soon as the issue regarding uploading and proper training is resolved. 10. The Director General (Prosecution), U.P. has also assured this Court that he will also organize a training to all APOs/POs and other government advocates working at district level to make them aware about technological advancement in judicial process. He also assures that he will also make sure that APOs/POs will take interest in ensuring the fact whether the process of the court has been duly sent by the court to the witnesses. In case, any complaint is received against any APOs/POs by the concerned court or District Judge, then he will take strict action against them. 11. Mr. Ashok Kumar Singh, Incharge C.P.C. High Court Allahabad has also informed the Court that certain issues which came into knowledge regarding non-availability of head sending the notice under the first proviso of Section 223 BNS as well as notices to be sent after receiving the FR will be updated/resolved within next 15 days. It is also informed by Incharge CPC that High Court, Allahabad has also sent letter for seeking permission from E-committee of Hon'ble Supreme Court regarding implementation of Faster System at local level of U.P. 12. Mr. Alok Mishra, System Analyst, High Court Allahabad has also raised issue on Bandwith of NicNet as well as data storage for which Mr. Sharma, DDG, NIC assures to look into. 13. A suggestion was also made by Mr. Sharma that at the time of delivery of judgement of criminal cases, the court concerned at district level should also mention Prisoner Induction Document (PID) number of the accused, who is detained in jail, so that at the time of filing of appeal before the High Court, PID could be mentioned in the appeal so that all the information regarding filing of appeal as well as other orders therein could be transmitted to the accused in jail. 14. 14. The District Judge, Ghaziabad informed that at the time of consuming FIR, it is found that Pre Trial Number (PTN) of FIR could not be available on some times because police could not generate the same in timely manner. However, Mr. Sharma submitted that there is provision in system of the court to generate the PTN as soon as it consumes the FIR received from CCTNS. Reason for non-availability of PTN on FIR is lack of training among the Judicial Officers, for which, he assures to this Court that he will also conduct training for Judicial Officers through Director, JTRI, Lucknow so that all Judicial Officers could be aware that as soon as they consumes the detail of FIR through CCTNS, they could automatically generate PTN which is required to be mentioned in the FIR. 15. The Registrar General, High Court Allahabad informed to this Court that process for recruitment of Class-III and Class-IV post for district court is going on. It is further informed by the Registrar General that Justice K.L. Sharma's committee has made following recommendation on 31.07.1989; District & Session Court, Civil Judge Court, Munsif Court, Small Causes Court, Outlying Court of Addl. District Judge, Outlying Court of Civil Judge, Outlying Court of Munsif, When a clerk have 500 Civil Files or 1000 Criminal Files or 1000 Misc. Files or 200 Sessions Files then one addi. Post of Clerk be provided for his assistance. Chief Judicial Magistrate, Judicial Magistrate/Railway Magistrate/Munsif Magistrate/Juvenile Magistrate, Judicial Magistrate/Addl. Judicial Magistrate/Munsif Magistrate/Addl. Munsif/Juvenile Magistrate When a Ahalmad have 1000 Criminal Files or 500 Civil then one addi. Clerk be provided for his assistance. Court of Addl. District & Sessions Judge/Addl. Civil Judge When a clerk have 500 Civil Files, 1000 Misc. and 200 Sessions files one addl. Clerk be provided for his assistance. Court of Addl. Munsif/Addl. Munsif Magistrate/Addl. Judicial Magistrate, Addl. Small Causes Court. When a clerk have 500 Civil Files, 1000 Criminal Files, 1000 Misc. files then one additional Clerk be provided for his assistance. 16. Civil Judge When a clerk have 500 Civil Files, 1000 Misc. and 200 Sessions files one addl. Clerk be provided for his assistance. Court of Addl. Munsif/Addl. Munsif Magistrate/Addl. Judicial Magistrate, Addl. Small Causes Court. When a clerk have 500 Civil Files, 1000 Criminal Files, 1000 Misc. files then one additional Clerk be provided for his assistance. 16. It is further submitted by the Registrar General, High Court, Allahabad that Administrative Committee in its meeting dated 02.08.2023, after considering the resolution dated 06.04.2023 of the Hon'ble State Court Management Committee (SCMC) resolved for creation of 7753 additional posts for Class-III cadre and 2314 posts for Class-IV cadre in the District Courts of U.P. In pursuance of the resolution of Administrative Committee dated 02.08.2023, a letter dated 22.08.2023 was sent by the High Court to the State Government of U.P. for creation of above additional posts of Class-III and Class-IV cadre in the District Courts of U.P. When no step was taken at the ends of State level then a reminder was sent on 23.01.2025 to the State Government through Principal Secretary, Law & L.R., Government of U.P. for creation of additional posts in Class-III and Class- IV cadre in District Courts of U.P. in the light of reports of Shetty's Commission, Hon'ble SCMS Committee and Justice K.L. Sharma's Committee. But till date no decision has been taken by the State Government. 17. In view of above, this Court directs the Chief Secretary, Government of U.P. to place the letter dated 22.08.2023 of Registrar General, High Court Allahabad before State Government of U.P. regarding creation of Class-III and Class-IV posts in District Courts of U.P. with further direction to the State Government to consider and take decision on the above letter dated 22.08.2023 of Registrar General, High Court Allahabad in the light of recommendation of Justice K.L. Sharma's Committee by next date of listing. It is made clear that in case, no decision is taken by the State Government, then Chief Secretary, Government of U.P. will appear personally before this Court through video conferencing to explain the reason why no decision has been taken though recommendation of Justice K.L. Sharma's committee is pending since 31.07.1989 and which was followed by the resolution of Administrative Committee dated 02.08.2023 communicated to the State Government by the Registrar General through its letter dated 22.08.2023. There is need of hours to expeditious disposal of cases so that common man may continue to have faith in judicial system and criminals could be punished in timely manner. 18. As per consent of the Deputy Director General, NIC and Mr. A.K. Sand, learned AAG for the State, it is directed that on 1st March, 2025, NIC will conduct a training programme of all AGAs at High Court Allahabad and that training may be conducted at the High Court Convention Centre with the permission of Hon'ble the Chief Justice. The Registrar General will co-ordinate in the matter. 19. Mr. A.K. Sand, learned AAG as well as A.D.G. (Technical Services), U.P. Police have suggested that NSTEP system may also be implemented in District Agra and District Meerut for which Mr. Sharma, DDG, NIC has also agreed. Therefore, this Court further directs the NIC and State Government to implement NSTEP in District Agra as well as District Meerut also in co-ordination with C.P.C., High Court Allahabad. 20. Progress report of implementation of NSTEP in Agra and Meerut shall also be placed before this Court on the next date of listing by C.P.C, High Court. The District Judge, Meerut and SSP, Meerut as well as District Judge, Agra and Commissioner of Police, Agra will also appear in person before this Court through V.C. and apprise this Court about status of implementation of NSTEP in their District. 21. Put up this case on 7th March, 2025 as fresh at 10.00 A.M. On that date, all the stake holders will appear before this Court in the manner provided in the earlier order dated 09.01.2025. The Principal Secretary, Law & L.R., U.P. as well as D.J., Shamli will also appear through V.C. 22. Registrar (Compliance) is directed to communicate this order to all the above officials for compliance.