Disposed

Gulam Jilani v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Allahabad HC22 Oct 2024/7340/2024

Case brief

AI extract

What is this about?

Application regarding a missing paper book in an underlying criminal case was disposed of. Subsequently, directions were issued to ensure an FIR is lodged against officials responsible for the loss of judicial records.

What did the court decide?

Directions issued to District and Sessions Judge, Sultanpur to file FIR against officials for missing record.

Gulam Jilani Vs State of U.P. Thru. Prin… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71154

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7340 of 2024

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Applicant :- Gulam Jilani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Applicant :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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The instant application has been filed by the applicant with a prayer to direct learned Additional Chief Judicial Magistrate, Court No. 17, Sultanpur to take appropriate decision on the application dated 18.12.2023 in Criminal Misc. Case No. 2545/2010 (State vs. Rozzan & others) arising out of F.I.R. No. 940/2005 under Sections 147, 148, 323, 324, 504, 452, 506 I.P.C., Police Station Dhammaur, District- Sultanpur pending before him as early as possible.

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2. On 22.08.2024, following order was passed:-

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"Considering the fact as indicated in the present application that paper book of Criminal Misc. Case No. 2545 of 2010 (State Vs. Rozzan and Others) arising out of F.I.R. No. 940 of 2005 under Sections 147, 148, 323, 324, 504 452 and 506 I.P.C., Police Station- Dhammaur, DistrictSultanpur is not traceable, let a report be submitted before this Court by the Additional Chief Judicial Magistrate, Court No.7, District- Sultanpur within three weeks.

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List this case on 16.09.2024 as fresh.

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Office is directed to communicate this order to concerned Court for compliance."

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In pursuance of aforesaid order, report of District Judge, Sultanpur dated 05.10.2024 along with Administrative Order No. 335 of 2024 dated 23.09.2024 passed by District Judge, Sultanpur has been placed before this Court.

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From the aforesaid report, it is evident that paper book of Criminal Misc. Case No. 2545 of 2010 (State Vs. Rozzan and Others) arising out of F.I.R. No. 940 of 2005 under Sections 147, 148, 323, 324, 504 452 and 506 I.P.C., Police StationDhammaur, District- Sultanpur is missing and preliminary inquiry no. 19 of 2024 has already been initiated against arraying officials, and further order has also been passed for reconstruction of the said paper-book.

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As a matter of fact, missing of police report/charge-sheet from the Civil Court premises is a serious matter. In the present case, it is admitted by District and Session Judge, Sultanpur that record of the aforesaid case is missing and the same is being reconstructed and preliminary inquiry has also been initiated against arraying officials.

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Therefore, District and Sessions Judge, Sultanpur is directed to ensure that F.I.R. be lodged against the arraying officials, forthwith, for charge of missing of the record.

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In terms of aforesaid directions, the instant application is disposed of .

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Senior Registrar of this Court is directed to communicate this order to District and Sessions Judge, Sultanpur, forthwith.

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Order Date :- 22.10.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Gulam Jilani v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Case brief

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Gulam Jilani v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

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