Read Time: 04 minutes

Synopsis

The Allahabad High Court recently directed the Registrar General of the high court to issue a circular to the office to not refer to the "trial courts" as "lower courts".

"Practice of referring the 'Trial Court' as 'Lower Court' is not proper," held a single judge bench comprising Justice Samit Gopal.

He said that the said court should not be addressed as 'lower court' but should always be addressed as the 'trial court' or as the situation may be in matters wherein appeals/revisions have been filed before the court of sessions judges.

The court was dealing with a criminal revision petition filed against the acquittal of the accused person in the case. It noted that in two of its earlier orders passed in the matter, the court below had been referred to by the high court as a "trial court". While summoning the case records, the high court had specifically stated in its orders "trial court records".

However, in compliance of the high court's orders, the registry office, in its report, stated: 'lower court record summoned but same has not been received yet".

"Both the said orders of this Court dated 27.10.2023 and 11.10.2023 in their paragraph no. 3 and then in paragraph nos. 3 and 4 respectively go to show that this Court had specifically referred to the records as being 'Trial Court records'. Office in both its report given in compliance of the said order being reports dated 10.12.2023 and 08.02.2024 refers to them 'Lower Court record' and 'L.C.R.' respectively. Practice of referring the 'Trial Court' as 'Lower Court' is not proper," the court emphasised while issuing directions to the Registrar General.

Case Title: Samshad Ali v. State of U.P. and Another