Mohan @ Pradeep vs State Of U.P.
2022 Latest Caselaw 8758 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 
Case :- CRIMINAL APPEAL No. - 2299 of 1983
 
Appellant :- Mohan @ Pradeep
 
Respondent :- State of U.P.
 
Counsel for Appellant :- V.S. Singh
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

By office report dated 30.07.2022 it has been reported that lower court record has been weeded out and reconstruction of the same is not possible.

Learned AGA for the State submits he has also not in position to reconstruct the lower court record due to fire incident taken place in the Government Advocate Office.

Since the record has been weeded out and there is no possibility that lower court record shall be reconstructed. Considering the facts and circumstances of the case that appeal pertains to the year 1983, in view of the judgment of Hon'ble Supreme Court in the case of 'State of U.P. Vs. Abhai Raj Singh and another,(2004) 4 SCC 6' and 'Tej Pal Singh Vs. State of U.P., 2016(1) ADJ 726', the impugned judgment dated 05.09.1983, passed by Second Additional District & Sessions Judge, Jhansi, in Session Trial No.77 of 1983 (State Vs. Mohan), under section 436 of I.P.C., Police Station Kotwali, Jhansi, is hereby set-aside.

The appeal is allowed.

Order Date :- 1.8.2022

VKG