Amrit Lal And Others vs State Of U.P.
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Allahabad High Court

Amrit Lal And Others vs State Of U.P. on 29 May, 2024

Author: Siddhartha Varma

Bench: Siddhartha Varma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:97718-DB
 
Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 312 of 1989
 

 
Appellant :- Amrit Lal And Others
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Ali Hassan
 
Counsel for Respondent :- GA
 

 
Hon'ble Siddhartha Varma,J.
 

Hon'ble Vinod Diwakar,J.

1. As per the office report dated 27.05.2024, which is based on the comment dated 03.01.2020 of the District Judge, Jaunpur, the record of the trial had got lost. It also informs that it was not possible to reconstruct the record now despite best efforts. We are also of the view that the sessions trial, which had commenced in the year 1985, can not now be retried.

2. Under such circumstances, and in view of the law laid down by the Supreme Court in State of U.P. v. Abhai Raj Singh and another, (2004) 4 SCC 6, the instant appeal vis-a-vis appellant nos. 1 and 2- Amrit Lal and Banke Lal is allowed. The impugned judgment and order of conviction dated 31.01.1989, passed by IInd Additional Sessions Judge, Jaunpur in Sessions Trial No. 170 of 1985 is set aside and the sureties etc. stand discharged. Accordingly, the appellant nos. 1 and 2-Amrit Lal and Banke Lal are acquitted of the charges.

Order Date :- 29.5.2024

A. Tripathi

(Vinod Diwakar,J.) (Siddhartha Varma,J.)