Ashok Kumar Gupta S/O H. P. Gupta vs Cbi Acb Mumbai And Anr
2023 Latest Caselaw 3792 Bom

Citation : 2023 Latest Caselaw 3792 Bom
Judgement Date : 17 April, 2023

Bombay High Court

Ashok Kumar Gupta S/O H. P. Gupta vs Cbi Acb Mumbai And Anr on 17 April, 2023

Bench: Bharati Dangre

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL APPEAL NO.30 OF 2013


Ashok Kumar Gupta s/o H.P.Gupta              ..     Appellant
                       Versus
CBI, ACB, Mumbai & Anr.                      ..     Respondents


                             ...
Mr.Sanjeev P. Kadam for the Appellant.
Mr.Harsh Dedhia h/g Mr.H.S.Venegavkar for the Respondent
No.1/CBI.
Mr.N.B. Patil, A.P.P. for the State.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 17th APRIL, 2023

P.C:-

1. Strangely, the Record Branch, District Court, Alibaug has destroyed fle Nos.'C' and 'D' on 06/02/2020 and 19/11/2016 respectively. What has been forwarded to the Registry of this Court is a paper-book which comprise of only the judgment delivered in ACB Special Case No.10 of 2004.

2. A pertinent question now arises is, how to proceed with the Appeal. The learned counsel Mr.Kadam and the learned counsel Mr.Venegavkar could only see one via media and that is, collating the papers together and presenting it to the Court, with liberty being conferred upon the Registrar to verify the said papers and authenticate them as true copies.

M.M.Salgaonkar





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The above suggestion appears to be the only via media as the depositions as well as the statement recorded under Section 313 are informed to be destroyed.

3. Let the concerted efforts be taken by the learned counsel appearing for the respective parties to reconstruct the record to whatever extent that is possible.

The aforesaid exercise be carried out within a period of four weeks from today and depending upon it's outcome, let the Appeal be listed peremptorily on 08/06/2023, for fxing up a date of hearing, under caption 'For Directions'.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar