State Of M.P vs Shubhwati
2022 Latest Caselaw 5397 Chatt

                                       1

                                                                            NAFR
             HIGH COURT OF CHHATTISGARH AT BILASPUR

                            CRMP No. 2373 of 2018

  1. State Of M.P. Through District Magistrate, Bilaspur District Bilaspur M.P.
     Now Chhattisgarh, District : Bilaspur, Chhattisgarh
                                                                  ---- Petitioner
                                   Versus
  1. Shubhwati W/o Motichand Yadav Aged About 28 Years R/o Qtr. No. B/792,
     Yamuna Bihar, Ntpc, Darri, Tahsil Korba District Bilaspur M. P. Now District
     Korba And State Chhattisgarh, District : Korba, Chhattisgarh



                                                              ---Respondents

 For State                             :      Mr. Avinash K Misrha, G.A.


                   Hon'ble Shri Justice P.Sam Koshy
                   Hon'ble Smt. Justice Rajani Dubey
                          Judgment on Board



Per P. Sam Koshy, Judge

25.08.2022

1. The present CRMP has been registered pursuant to an order passed

by the Division Bench of this Court in CRMP No. 544 of 2010

disposed of on 25.10.2018.

2. The matter pertains to Session Trial No. 188 of 89 passed by the

Additional Sessions Judge, Korba, Distt. Bilaspur. The accused

therein was prosecuted for the offences punishable under Section

302 and 201 of the IPC. Pendency of the Trial because of an incident

of fire in the records room of the Court, the original records got

burned and the Trial thereafter proceeded on the basis of a

reconstructed file and thereafter the trial finally got conclude vide

order dated 20.02.1997 and all the accused person was acquitted of

the charges.

3. The State Counsel thereafter moved an application seeking leave to

appeal for filing of an acquittal of appeal. It was registered as CRMP

544 of 2010. The said CRMP also got rejected vide order dated

25.10.2018. However, while disposing of the said matter, the Bench

was of the view that there ought to be an enquiry conducted as

regards the missing of the reconstructed file as well.

4. Based upon the said order, the Registrar Vigilance of the High Court

was appointed as an Enquiry Officer to enquire into the matter who,

on 05.04.2019 had submitted the enquiry report. In his report, he had

got the entire facts verified and in the course of verification it has

been reflected that the reconstructed file from the Court at Bilaspur

had been sent to the office of the Advocate General Madhya Pradesh

on 02.08.1997. Further, in the course of enquiry, it has also been

reflected from the correspondence received from the then Additional

Advocate General dated 27.02.2018 that the original records

(reconstructed file) was received in the office of the Advocate

General on 06.08.1997 and one M P Verma Assistant Grade-I had

received the same. Thereafter, there is no further trace of the said

records and the concerned Assistant Grade-I M P Verma has also

since been compulsory retired w.e.f. 23.03.1998. The office of the

Advocate General has expressed its inability and helplessness in

tracking and tracing of the said records.

5. The State Counsel at this juncture submits that in-addition to the fact

that leave to appeal has been rejected by this Court, none of the

victim or the complainant has made any efforts in assailing the

judgment of acquittal any further.

6. Considering the fact that the Trial has concluded in the acquittal of

the accused, the leave to appeal seeking assailing the judgment of

acquittal also having been rejected and a considerable period of time

has also since lapsed, we are of the considered opinion that no

fruitful purpose would be served in further continuing with the instant

enquiry and the CRMP. Accordingly, the CRMP as of now stands

disposed of.

                   Sd/-                                       Sd/-
             (P.Sam Koshy)                                 (Rajani Dubey)
                 Judge                                         Judge




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