Allahabad High Court
Nanda vs State on 16 May, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:89034
Court No. - 87
Case :- CRIMINAL APPEAL No. - 1220 of 1985
Appellant :- Nanda
Respondent :- State
Counsel for Appellant :- A.K.Rathore,Anant Prakash Mishra,Parmeshwar Kr. Chaudhary
Counsel for Respondent :- A.G.A.
Hon'ble Samit Gopal,J.
1. List revised. No one appears on behalf of the appellant to press this appeal. Sri Ajay Singh, learned AGA-I for the State is present and have been heard and perused the records.
2. The present appeal has been filed before this Court by the appellant- Nanda son of Chhannu against the judgment and order dated 03.05.1985 passed by the Special Judge, Varanasi in Session Trial No.31 of 1983 (State of U.P. Vs. Nanda) convicting and sentencing the appellant under Section 307 IPC to three years R.I.
3. The said appeal was admitted vide order dated 07.05.1985 and the appellant was directed to be released on bail. The O.S.D. (Litigation), High Court summoned the trial court records vide his requisition dated 06.03.2017.
4. A report dated 25.09.2019 of the District Judge, Varanasi was received stating therein that the records of the trial have been weeded out from the record room. Subsequently an effort was made for reconstruction of the records.
5. Further report is that the reconstruction of the records is not possible as reported by the Enquiry Officer vide his report dated 26.08.2019. Further report to the same effect has been sent by the In-charge District Judge, Varanasi, which is dated 29.02.2024. The only document available is the judgment and order of the trial court.
6. A perusal of the same goes to show that the incident in the present matter is of 17.09.1982 and the trial concluded vide judgement and order dated 03.05.1985. From the date of incident, it is about more than 42 years and from the date of judgement, it is about 39 years. After a report regarding non-availability of records and reconstruction of the same not being possible, the other option was to send the matter back to retrial. In the present matter, sending the matter back for retrial after about 42 years of the incident would be of no useful purpose. Even defence of the accused was taken, in which the accused-appellant- Nanda was treated to be injured and was also medically examined. As the trial court records are not available except for the judgment and order of the trial court it would not be expedient, in the interest of justice to proceed with the matter.
7. In view of the same, since the trial court records have been weeded out, the reconstruction of the same has been reported by the trial court to be not possible and looking to the fact that the occurrence in the matter is of the year 1982 which is of about 42 years before, this court consider it a fit case to allow the appeal.
8. The appeal is allowed. The judgment and order dated 03.05.1985 passed by the Special Judge, Varanasi is set aside. The appellant- Nanda is acquitted of the charge levelled against him. The appellant is on bail. His bail bond is cancelled and sureties discharged.
9. Office is directed to transmit the copy of this judgement to the trial court forthwith for its compliance and necessary action.
Order Date :- 16.5.2024
Sanjeet
(Samit Gopal,J.)
