Henceforth before taking steps to destroy
the 'C' files and Muddemals, in any case the
concerned Sessions Court shall ascertain from the
registry of the High Court or through Case
Management Information System [CMIS] about
pendency of appeals.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.479 OF 2003
THE STATE OF MAHARASHTRA
V
ABDUL QAYYUM S/O. SK.HASSAN
CORAM: S.S. SHINDE AND
A.M.DHAVALE, JJ.
DATE : 06.01.2018
1] When the appeal is taken up for hearing,
learned APP appearing for the appellantState
informs this Court that, since the record has been
destroyed, the paperbook containing notes of
evidence is not prepared. Upon perusal of the note
prepared by the Registry of this Court, it appears
that, part "C" and part "D" are destroyed in the
lower Court.
Upon perusal of the original file
maintained by the Registry, it appears that, the
intimation was sent to the concerned Sessions
Court at Aurangabad. It further appears that,
pursuant to the admission of the appeal, and the
direction by the High Court for taking action
under Section 390 of the Criminal Procedure Code,
the respondent was released on bail.
2] In the light of above, no reasons are
forthcoming on record why the 'C' file was
destroyed by the registry of the Sessions Court at
Aurangabad. In that view of the matter, the
Principal District & Sessions Judge at Aurangabad
shall cause an enquiry, as expeditiously as
possible, however, within 8 weeks from today, and
send report to that effect to the registry of this
Court.
3] Hearing of this Appeal is deferred to 17th
March, 2018.
4] Henceforth before taking steps to destroy
the 'C' files and Muddemals, in any case the
concerned Sessions Court shall ascertain from the
registry of the High Court or through Case
Management Information System [CMIS] about
pendency of appeals.
5] The Registrar [Judicial] of this Court to
send copy of this order through Email to the
Registrar General of the Bombay High Court. In
turn, the Registrar General to circulate the copy
of this order to all the Principal District &
Sessions Judges within the territorial
jurisdiction of the Bombay High Court.
[A.M.DHAVALE] [S.S.SHINDE]
JUDGE JUDGE
the 'C' files and Muddemals, in any case the
concerned Sessions Court shall ascertain from the
registry of the High Court or through Case
Management Information System [CMIS] about
pendency of appeals.
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.479 OF 2003
THE STATE OF MAHARASHTRA
V
ABDUL QAYYUM S/O. SK.HASSAN
CORAM: S.S. SHINDE AND
A.M.DHAVALE, JJ.
DATE : 06.01.2018
learned APP appearing for the appellantState
informs this Court that, since the record has been
destroyed, the paperbook containing notes of
evidence is not prepared. Upon perusal of the note
prepared by the Registry of this Court, it appears
that, part "C" and part "D" are destroyed in the
lower Court.
Upon perusal of the original file
maintained by the Registry, it appears that, the
intimation was sent to the concerned Sessions
Court at Aurangabad. It further appears that,
pursuant to the admission of the appeal, and the
direction by the High Court for taking action
under Section 390 of the Criminal Procedure Code,
the respondent was released on bail.
2] In the light of above, no reasons are
forthcoming on record why the 'C' file was
destroyed by the registry of the Sessions Court at
Aurangabad. In that view of the matter, the
Principal District & Sessions Judge at Aurangabad
shall cause an enquiry, as expeditiously as
possible, however, within 8 weeks from today, and
send report to that effect to the registry of this
Court.
3] Hearing of this Appeal is deferred to 17th
March, 2018.
4] Henceforth before taking steps to destroy
the 'C' files and Muddemals, in any case the
concerned Sessions Court shall ascertain from the
registry of the High Court or through Case
Management Information System [CMIS] about
pendency of appeals.
5] The Registrar [Judicial] of this Court to
send copy of this order through Email to the
Registrar General of the Bombay High Court. In
turn, the Registrar General to circulate the copy
of this order to all the Principal District &
Sessions Judges within the territorial
jurisdiction of the Bombay High Court.
[A.M.DHAVALE] [S.S.SHINDE]
JUDGE JUDGE
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