Court No. - 49
Case :- APPLICATION U/S 482 No. - 24417 of 2018 Applicant :- Vijay Chauhan Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.,Manish Goyal
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant, Sri Sameer Sharma, learned counsel appearing on behalf of the opposite party no.2 and learned AGA for the State.
The present application U/s 482 Cr.P.C. has been filed seeking direction to the opposite party no.2 to send the record of S.T. No. 802 of 1999 (State Vs. Pramod) in Criminal Appeal No. 685 of 2001 as per letter dated 29.05.2018 written by the Addl. Sessions Judge/Fast Track Court No.2, Bulandshahar.
Learned counsel for the applicant submits that the present applicant is an accused in S.T.No. 1071 of 1999 (State Vs. Vijay Chauhan). His bail application is pending in the Court of Addl. Sessions Judge/Fast Track Court No.2, Bulandshahr. Hearing in the bail application is being delayed on account of the fact that the record of S.T. No. 802 of 1999 (State Vs. Pramod) is lying in this Court in Criminal Appeal No. 685 of 2001, filed at the instance of the co-accused. It is further stated that the case diary which is vital document is therefore, not available with the learned court below.
The Supreme Court in Criminal Appeal Nos. 1375-1376 of 2013 (Asian Resurfacing of Road Agency P. Ltd. and another Vs. Central Bureau of Investigation) decided on 25.04.2018, has issued general directions, providing for retaining of the photostat/scanned copy of the entire record by the appeal court for return of the original record to the trial court.
Accordingly, the present application is disposed of with a direction that the opposite party no.2 shall ensure that the photocopy of the record in S.T. No. 802 of 1999 (State Vs. Pramod) lying with this Court in Criminal Appeal No. 685 of 2001 be obtained and retained for the purpose of hearing in that appeal and the original record may be returned to the learned court below.
Such exercise may be completed within a period of two weeks from today.
Order Date :- 26.7.2018 Lbm/-