SITA KUMARI 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.) FROM the records of Cr. W.J.C. No. 283/03 it appears that the said writ petition was filed on 22nd September, 2003 by son of the deceased informant for a direction to the trial court to expedite and conclude the trial no. 33/79/172/1987 arising out of Basantpur P.S. Case No. 1(6)74 (at places wrongly typed as Basantpur P.S. Case No. 16/74). From the materials on record of that case this court noticed that the trial had been delayed because the original records of the trial court had been missing and had apparently not been received back by the trial court after disposal of Cr. W.J.C. No. 486/1986 vide judgment and order dated 20.7.92. This court got an enquiry made by the Registrar General of this Court and simultaneously an enquiry was held at Siwan. It transpired from the report of the Registrar General dated 4.10.2005 (sic) and the registers that the entire original records of the trial court had been sent back vide letter no. 1744 (R) dated 14.5.1990 but this fact was not intimated to the trial court through a separate letter. The supplementary record containing further order sheets of the trial court were returned after disposal of Cr.W.J.C. No. 486 of 1986 vide letter no. 335 BR dated 23.7.93. The enquiry at Siwan was kept open by the District and Sessions Judge in the hope that the records may be found but the reports disclosed that there was no possibility of the records being located either in this court or in the lower court in near future. Hence by an order dated 6.4.05 the trial court was directed to proceed with the trial on the presumption that records have been misplaced and cannot be located. The trial court was directed to take the required steps for reconstruction of the relevant records so that trial may begin without any delay, preferably within two months from the date of production/communication of a copy of that order.