Don't Refer To 'Trial Courts' As 'Lower Courts': Allahabad High Court Direct Its Registry

“Practice of referring the 'Trial Court' as 'Lower Court' is not proper”, a bench of Justice Samit Gopal observed as it directed the Registrar General of the HC to issue a circular to the office to henceforth not refer to the 'Trial Court' as 'Lower Court'.

The single judge issued this direction while hearing a criminal revision petition filed by one Samshad Ali challenging the acquittal of an accused-Rakesh Kumar in a crime.

Essentially, on two occasions earlier, the bench had directed its office to summon 'Trial Court Records' in the matter, however, in the report sent by the office, the trial court records were referred to as "Lower Court record" and "L.C.R." respectively.

Taking exception to the same, the Court made the following observation:

“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 further observed 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.

Hence, the Court directed the Registrar General of the HC to issue a circular to the office to henceforth not refer to the 'Trial Court' as 'Lower Court.

So far as the matter before the Court was concerned, the Court noted that despite the matter being taken up in the revised list, neither the accused/respondent no. 2 is present nor there is any representation on his behalf.

In view of the same, the Court directed that bailable warrants be issued against the accused/respondent no. 2- Rakesh Kumar through CJM concerned.

In related news, the Supreme Court recently asked its registry to stop referring to the Trial Courts as 'Lower Courts'.

Case title - Samshad Ali vs. State of U.P. and Another

Click here to read/download Order