CHANDESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned Counsel for the petitioner, learned Government Advocate for the State and learned Counsel appearing for son of the deceased informant have been heard on several dates.

(2.) This is an application under section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") seeking quashing of order dated 8.7.2004 passed by Fast Track Court-I, Siwan in Sessions Trial No. 33 of 1979 whereby the Trial Court has ordered for reconstruction of records of the Court relating to the aforesaid sessions trial because the original records are misplaced/lost.

(3.) Before considering the submissions on behalf the petitioner who is one of the accused in the pending sessions trial of the year 1979, it is necessary to keep in sight certain relevant material facts. These relevant facts have been gathered from the attached records of two criminal writ petition bearing Cr. W.J.C. No. 486 of 1986 disposed of on 23.6.1993 and Cr. W.J.C. No. 283 of 2003 disposed of on 15.4.2005. The facts furnished by the accused petitioner in this quashing application are clearly inadequate and hence the records of the connected matters earlier disposed of by this Court had to be perused to find out whether, in the facts of the case, it would be appropriate to exercise extraordinary inherent powers of this Court under section 482 of the Code.