OM PRAKASH Vs. STATE

JUDGEMENT

(1.) THIS criminal revision, preferred under section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) is directed against the judgment and order dated 19.9.1988 passed by Special Judge, Anti -Corruption, U.P. (East), Dehradun in Crl. Appeal No. 41/1984, dismissing the appeal and upholding the order of conviction and sentence dated 17.7.1984 passed by Special Magistrate, C.B.I., S.P.P., Dehradun in Crl. Case No. 186/1980, by which the accused/revisionist -Om Prakash was convicted u/s 467 of the Indian Penal Code, 1860 (hereinafter to be referred as the I.P.C.) and was sentenced to undergo R.I. for a period of two years and fine of Rs. 5,000/ - and in default of payment of fine to further undergo R.I. for six months.

(2.) I have heard Sri Sandeep Tandon, learned counsel for the revisionist, Sri M.A. Khan, learned brief holder for the State as well as Sri Arvind Vashitha, learned counsel for the C.B.I. Perused the entire material available on file.

(3.) DISTRICT Judge, Dehradun vide his letter dated 1.9.2008 has informed that the Officer -In -Charge, Record Room (Civil), District Judges Court, Dehradun vide his report dated 22.7.2008 has reported that the record of Criminal Appeal No. 41/1984, C.B.I. Vs. Om Prakash has been weeded out on 14.6.1996 as per the rules. It was further informed that so far as the record of C.B.I. Criminal Case No. 186/1980, C.B.I. Vs. Om Prakash, is concerned, it is also reported to be missing and is not traceable despite extensive search.