29 November 2022

Dehradun : Days after the Uttarakhand high court told litigants they can file criminal appeals, bail applications, and civil matters to outlying additional district judges ( ADJ ) courts in the state, without having to go through sessions courts, it clarified in a notification issued on Monday that this doesn’t curtail powers of district judges provided by sections of the CrPC.

In its notification, the HC said that its November – 17 directive was to merely ease out problems faced by litigants and that ” the district and sessions judges may exercise their power in the interest of justice “.

A senior judicial officer, who didn’t wish to be named, said that sessions courts in the four major districts, Dehradun, Haridwar, Nainital, and US Nagar, are already overburdened and the sessions judges of these districts would get “big relief” after the HC’s directive.

Litigants directly approaching outlying
Litigants directly approaching outlying

” Sessions judges of small cities may have been nervous after the HC’s directive but the court has now clarified that all administrative powers under section 24 of CPC and 408 of CrPC ( Power of Sessions Judge to transfer cases and appeals ) of the lower courts will remain unaffected, so there’s no room for confusion now, ‘ he said.

The court also clarified that if an ADJ court at the outlying station is free, it may receive fresh cases in its jurisdiction.

However, for disposal, the case would be transmitted to the district judge. Also, it would be the district judge’s duty to mark cases to competent courts and ensure they are disposed of .

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