Allahabad High Court
Shobha Ram & Another vs State Of U.P. on 1 October, 2012
Bench: Dharnidhar Jha, Pankaj Naqvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3280 of 1999
Petitioner :- Shobha Ram & Another
Respondent :- State Of U.P.
Petitioner Counsel :- D.N.Wali,Ishwar Chandra Tyagi
Respondent Counsel :- Govt.Advocate
Hon'ble Dharnidhar Jha,J.
Hon'ble Pankaj Naqvi,J.
We are forced to draw this order because in spite of Criminal Appeal No.3280 of 1999 being listed since the day this Bench was constituted, the record along with lower Court record of the criminal appeal along with connected lower court records have not been placed before the Bench. The counsel who had filed this appeal, Sri D.N. Wali, Advocate, is reported not coming to the Court. The copy of the learned AGA which was produced before us, indicates that the said copy was served by the State as back as on 22.11.1999. Learned counsel is standing before us on his legs and the Bench Secretary produced before us a slip showing that records of cases listed at Serial Nos.101, 103, 105, 106, 108, 111, 112 and 115 which have not been sent by the office of the Court into the Bench. These cases are listed at 2 P.M. before this Bench and out of those cases which were listed at 10 A.M. we were informed by the Bench Secretary that the records of criminal appeals listed at serial no.6 and those at Serials Nos.9,10,11,12 and 13 had also not been made available to the Court. Further, records of cases listed at Serials Nos.17, 18, 19, 20 and 21 were also not sent to the Court Room, as was the case also with appeal listed at serial no.25. Thus what we could gather from the above is that for more than half of the records of the listed cases, were not sent to the Court Room.
In our opinion, once the cases have been listed, expectation is that the records are made available by the office of the Court and they are to be placed before Hon'ble Judges forming Bench for consideration of the prayer or for considering the relief which is sought through any particular application. We, as such, direct the Registrar General of the Court to place the copy of the present order before the Hon'ble the Chief Justice. It is futile to create a Bench, list the case, if the records are not made available to the Bench. We are further of the opinion that the working of the office is completely in derogation of the order of Hon'ble the Chief Justice as they are simply making the order of the Chief Justice futile by not allowing the Judges to hear the cases by not sending the records.
As regards the case listed at serial no.1 at 2 P.M., we direct the Registrar General to hold an inquiry in two days and ensure that the record is placed along with the lower Court record or in case the records are not available then reconstruct the record of the Criminal Appeal from the copy of the learned AGA, which is available with Sri A.K. Srivastava, learned AGA appearing in this Court.
The case shall be listed again in the next cause list
Let skeletal file be maintained in respect of Criminal Appeal No.3280 of 1999 putting the date of the present list.
Order Date :- 1.10.2012
Hasnain
