The High Court of Chhattisgarh dismissed the State's acquittal appeal because the lower court records were destroyed and the applicant failed to produce the charge sheet or witness depositions required to consider the appeal on merits.
Appeal stands dismissed due to unavailability of court records and essential documents.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Acquittal Appeal No.471 of 2010
State of Madhya Pradesh (Now Chhattisgarh)
---- Applicant
Versus
1. Narayan S/o Shri Sahdeo Sahu, abed about 32 years,
2. Shivdarshan, aged about 23 years, S/o Shri Mannulal Sahu,
3. Amit Kumar, aged about 21 years, S/o Shri Mannulal Sahu
4. Mannulal, aged about 41 years, son of Shri Sahdeo Sahu
5. Mithilal, aged about 48 years, son of Shri Sahdeo Sahu
6. Santram, aged about 38 years, son of Shri Sahdeo Sahu
7. Sahdeo, aged about 68 years, son of Shri Ramsundar Sahu, All are Resident of Sakriya, Police Station Khadgaon, District Surguja, Chhattisgarh.
8. Ram Avtar, aged about 38 years, son of Shri Subhai Sahu All R/o village Devadad, PS Khadgaon, District Koria.
---- Respondents
For Applicant : Shri Gagan Tiwari, Dy. Govt. Advocate. For Respondent : None.
Hon'ble Shri Justice N.K. Chandravanshi
Order On Board
14.09.2023.
1. The instant Acquittal Appeal has been preferred by the State against the judgment of acquittal dated 29.09.1999 passed by the Judicial Magistrate First Class, Manendragarh, District Koria in Criminal Case No.274/1996.
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2. Vide communication number 462 dated 04.09.2010 the Sessions Judge, Surguja, Ambikapur, has informed that records of the impugned Criminal Case No.274 of 1996 (State of MP Vs. Narayan and Others), judgment dated 29.09.1999 pertaining to Judicial Magistrate First Class, Manendragarh has been eliminated (destroyed) as per rules on 25.01.2006.
3. Learned counsel for the applicant also submits that he does not have any document with regard to this case particularly the copy of charge sheet and deposition of witnesses. The aforesaid documents has also not been filed by the applicant/State along with memo of appeal.
4. As per copy of the judgment, this case pertains to acquittal of respondents/accused persons from the offences under Sections 148, 294 and 323/149 IPC. Thus, the case also does not seem to be any grievous offence.
5. Since the record of the court below is not available as the same has been destroyed and the applicant has also not filed necessary documents i.e. copy of charge sheet and copy of deposition of witnesses, hence this appeal cannot be considered on merit.
6. In view of the aforesaid facts and circumstances of the case, the
(N.K. Chandravanshi) Judge
inder
1 issue framed by the court
Whether the State's acquittal appeal can be admitted when the lower court records have been destroyed and documents are unavailable.
1 provisions across 1 enactments
State of Madhya Pradesh
Narayan S/o Shri Sahdeo Sahu
Shivdarshan
Amit Kumar
Mannulal
Mithilal
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
