Dismissed

State of U.P. v. H.C. Shiv Bihari Dubey and Another

Allahabad HC22 Sept 2022GOVA/301/1991

Case brief

AI extract

What is this about?

This High Court dismissed the Government Appeal against an acquittal due to the inability to reconstruct the impugned lower court records. The court followed precedents holding that when records are lost and retrial is impossible, the matter must stand closed. Bail was cancelled, and sureties discharged pending the hearing.

What did the court decide?

Appeal dismissed; bail bonds cancelled; sureties discharged.

State of U.P. Vs H.C. Shiv Bihari Dubey and… — Criminal Trial and Appeal | Allahabad HC (2022)

¶1

Court No. - 66 Case :- GOVERNMENT APPEAL No. - 301 of 1991 Appellant :- State of U.P. Respondent :- H.C. Shiv Bihari Dubey And Another Counsel for Appellant :- A.G.A Counsel for Respondent :- P.S.Kushwaha Hon'ble Samit Gopal,J.

¶2

List revised. Sri Sanjay Kumar Singh, learned counsel for the State-Appellant and Sri P.S. Kushwaha, learned counsel for the accused-opposite parties are present.

¶3

This present Govt Appeal has been preferred against the judgment and order dated 24.10.1990 passed by Magistrate, Court No.VIII, Kanpur Nagar in Case No.550A/1990 by which the accused respondents have been acquitted under Section 225 A IPC.

¶4

As per office report dated 8.1.2015, report of District Judge, Kanpur Nagar has been received stating therein that the records of the present case have been weeded out on 17.2.1997. There was an enquiry made by the learned District Judge, Kanpur Nagar for an effort to explore the possibility of reconstruction of the same.

¶5

As per report dated 6.5.2019 of the District Judge, Kanpur Nagar, it is reported that it is not possible to reconstruct the lower court records.

¶6

Learned counsel for the accused-respondent has relied upon the judgement in the case of Brahmanand Shukla Vs. State of U.P:2010 LawSuit(All)220, Sita Ram and others Vs. State: 1981 CriLJ 65 and State of U.P. Vs. Abhay Raj Singh and another: (2004)4 SCC 6 in which it was held that if only reconstruction is not possible to facilitate High Court to hear and dispose of the appeals and the further course of retrial and fresh adjudication by Sessions Court is also rendered impossible due to loss of vitally important basic records - in that case and situation only the matter shall stand closed.

¶7

The incident in the present case is dated 24.9.1989 and the judgement impugned was pronounced on 24.10.1990. Since the date of pronouncement, it has been about 32 years and since the date of incident, it is about 33 years. There would be no useful purpose served in keeping the appeal pending looking to the fact that the trial court records have been weeded out.

¶8

The accused respondents are on bail. Their bail bonds are cancelled and sureties discharged.

¶9

In view of the above, the present appeal is dismissed, accordingly.

¶10

(Samit Gopal, )

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Digitally signed by GAURAV Order Date :- 22.9.2022/Gaurav KULSHRESTHA Date: 2022.09.24 15:04:37 IST Reason: Location: High Court of Judicature at Allahabad

State of U.P. v. H.C. Shiv Bihari Dubey and Another

Case brief

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What did the court decide?

State of U.P. v. H.C. Shiv Bihari Dubey and Another

Case brief

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What the court decided

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