Jharkhand High Court
Hasmuddin Ansari vs The State Of Jharkhand on 6 February, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1307 of 2024
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Hasmuddin Ansari ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Sanjay Kumar Pandey No. 2, Advocate
For the Respondent : Mr. Abhay Kumar Tiwari, A.P.P
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th
Order No. 05 : Dated 6 February, 2025
1. In course of hearing, Mr. Abhay Kumar Tiwari, learned
APP appearing for the State has submitted that since office
has not supplied the entire paper-book of the 'Trial Court
Record' rather only the copy of testimonies of the witnesses,
Post Mortem Reports and list of exhibits etc. have been
supplied. Referring to Exhibit P-4, Viscera Report, he has
submitted that only list of exhibits has been given to him in
this case and not the copy of P-4 [Viscera Report] so that he
may be able to know the content of Viscera Report and copies
of other exhibits, as such he is facing difficulty in assisting
the Court.
2. The other learned Additional Public Prosecutors,
available in Court, in unison have stated that in most of the
cases they have not been provided the entire copy of Trial
Court Records rather they have been provided only the copy
of testimonies of the witnesses, Post Mortem Reports and list
of exhibits etc.
3. It needs to refer herein that this Court on earlier
occasion, vide order dated 08.09.2023 in Cr. Appeal (DB) No.
627 of 2023 with Cr. Appeal (SJ) No. 199 of 2023, considering
the difficulty faced by the learned Additional Public
Prosecutors, has directed learned Registrar General to direct
the office to provide copy of entire paper book to the parties
with proper pagination and indexing immediately on receipt
of LCR so that at the time of hearing of application 389(1)
Cr.P.C., learned counsel for the parties be equipped with the
materials available with the learned trial Court.
4. The moment such direction is being passed by this
Court to supply the entire Trial Court Record, the learned
trial Court has got no authority to supply the Trial Court
Record in piecemeal. Record means record in entirety and not
in piecemeal.
5. But in spite of such direction having been passed by
this Court it is reported that entire copy of LCR is not being
provided to the learned APP.
6. Though direction has already been passed in vide order
dated 08.09.2023 in Cr. Appeal (DB) No. 627 of 2023 with Cr.
Appeal (SJ) No. 199 of 2023, but again the learned Registrar
General of this Court is directed to ensure strict compliance
of said order by directing the office to supply the entire copy
of trial Court record to the parties concerned, which has been
received from the trial court after being called upon by the
Court.
7. In course of hearing, this Court has further been
informed that though reference of Viscera Report [P-4] is
there in the impugned order but copy of the same is not with
the Photocopy Copy of Trial Court Record, as send by the
learned trial Court.
8. From perusal of paper book, it further appears that
along with the Trial Court Record the copy of petitions and
orders passed thereon has not been sent along with the Trial
Court Record.
9. In view thereof, let the entire original Trial Court Record
be called for along with copy of entire exhibits including the
copy of Viscera Report [P-4] as also the entire order-sheet
from the initial stage of institution of case or receiving of First
Information Report and the entire applications/petitions filed
by the parties.
10. Let the copy of this order be sent to the learned
Principal District & Sessions Judge, Garhwa as also to the
learned District & Sessions Judge-II, Nagar Untari (Sub-
Divivision) forthwith for compliance.
11. However, this Court has called upon the Assistant
Registrar along with the Section Officer of the Criminal
Appeal Section.
12. Mr. Binay Kumar, Assistant Registrar, Criminal Appeal
Section has appeared before this Court. This Court
confronted with him as to whether there is any mechanism to
compare the documents sent by the trial Court Records to the
High Court by the office at the time of its receiving.
13. Such question is being posed since reference of Viscera
Report [P-4] is there in the exhibit list and in the impugned
judgment but copy of the same is not available with the
photocopy of Trial Court Record sent by the trial Court. The
purpose of posing this question is that if at the initial stage
proper scrutiny is being done by the office, as per the details
furnished in the index of Trial Court Records, then at that
time proper correspondence to the respective learned trial
courts would have been made by the office regarding missing
document(s) so that missing document(s) may come to this
Court at an earliest.
14. It has been submitted by the concerned Assistant
Registrar that the Trial Court Record is to be received by the
Criminal Receiving Section.
15. In view thereof, the Assistant Registrar/In-charge of the
Criminal Receiving Section of the person assigned with such
work is directed to cross-check the documents available in
the Trial Court Record as received in the office.
16. Further, the Principal District & Sessions Judge is
directed to submit a report as to why in the copy of Trial
Court Record sent by the Court of learned District & Sessions
Judge-II, Nagar Untari (Sub-Division) the copy of Exhibit -4
[Viscera Report] has not been sent though in the Index from
page 45-47, there is reference of exhibit list and exhibited
documents but the Exhibit 4 is missing in the copy of Trial
Court Record.
17. Such report be sent on before the next date of hearing.
18. Before parting with this order, it is made clear that the
Trial Court Record means entire proceeding of the learned
trial Court from the day when the case was instituted
including all the judicial proceedings, the
applications/petitions filed by the parties and orders passed
thereon as also the entire exhibits and other documents, if
any. Henceforth, while sending the copy/original Trial Court
Record, the trial Court is directed to send the entire 'Trial
Court Record' and not in piecemeal.
19. Let this order be communicated through the learned
Registrar General to all Principal District & Sessions Judge
for its compliance.
20. List this case on 4th March, 2025.
(Sujit Narayan Prasad, J.)
(Sanjay Prasad, J.)
Alankar/
