Chief Justice's Court
Case :- JAIL APPEAL No. - 825 of 1980 Appellant :- Allahmehar Respondent :- State of U.P. Counsel for Appellant :- From Jail Counsel for Respondent :- A.G.A.
Hon'ble Govind Mathur,Chief Justice
This appeal is preferred to challenge the judgment dated 24th November, 1979 passed by the trail Court in Sessions Trial No. 214 of 1978 . At the time of admission of the appeal record of the trial Court was not called.
In the year 2018, the record was summoned from the trial Court. The trial Court conveyed that the same was not traceable. Necessary enquiry in that regard was made that concluded with a finding that the record is not traceable despite all efforts made.
On going through the complete report dated 31st October, 2018 and the documents annexed thereto, I am satisfied that necessary efforts have been made by the office to trace the record. In spite of such efforts, the record is not traceable. In absence of record, it is not possible for this Court to adjudicate the appeal on merits. The incident also relates to the year 1978.
In the circumstances noticed above by relying upon the judgment of Hon'ble the Supreme Court in State of Uttar Pradesh Vs. Abhay Raj Singh reported in (2004) 4 SCC 6, I deem it appropriate to accept the appeal by setting aside the judgment impugned dated 24th November, 1979 passed by the trail Court in Sessions Trial No. 214 of 1978. The conviction recorded and sentence awarded too is set aside.
Order Date :- 19.12.2019 Rameez
.
(Govind Mathur,C.J.)