Friday 2 March 2018

What is duty of session Judge before taking steps to destroy the 'C' files and Muddemals?

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  

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