# reconstruction of the records done even without awaiting the order of the High

- **Citation:** C.L. No. 14/2009/Admin
- **Court:** Allahabad High Court
- **Decided:** 2009-04-09
- **Case number:** C.L. No. 14/2009/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/reconstruction-of-the-records-done-even-without-awaiting-the-order-of-the-high-163758
- **Pages:** 2

## Text

436
it. The District Judge concerned should also initiate the process of getting the
reconstruction of the records done even without awaiting the order of the High
Court as that would be in compliance with the letter and spirit of the directions of
the Supreme Court as held in the case of State of U.P. v. Abhai Raj Singh (AIR
2004 SC 3235). Communication should be sent immediately to the High Court
and the registry should list the case immediately and also place the matter before
the concerned Bench so that steps are taken for monitoring the reconstruction of
the records. Furthermore, an attempt should be made to punish the guilty officials,
who are responsible for the destruction/removal/weeding out of the record and if
necessary, criminal proceedings may also be initiated against them in the said
cases. If reconstruction of the record is not possible in a particular case, it may be
possible to get retrial ordered as directed by the Apex Court in Abhai Raj's case
(supra) if the time period elapsed is not inordinately long and the basic documents
are available.‖

I am, therefore, directed to send herewith a copy of judgment and order aforesaid
with the request to kindly circulate the same among all the Judicial Officers under your
supervision and control for their guidance and compliance.

I am further directed to request you to furnish the details of such cases in which
records are missing and weeded out in violation of the Rules.
To overcome the problem arising due to destruction or loss of original record.
C.L. No. 14/2009/Admin. ̳G-II': Dated: April 9, 2009

It has come to the notice of Hon'ble Court that in many cases of heinous crimes,
original records have been lost or weeded out in the lower courts even during the
pendency of government appeals/criminal revisions before the High Court. In such
circumstances, the accused is the direct beneficiary of the destruction or loss of original
record.

In this regard, the Hon'ble Court has been pleased to direct that on receipt of
intimation from this Hon'ble Court about the pendency of Government appeal, criminal
appeal or revision, the original record related thereto shall be segregated and safely kept
apart for being transmitted to this Hon'ble Court as and when required.

I am, further directed to request you that details of such segregated records be
entered in a separate bound register to be placed before the District Judges Officer In
charge Record Room in the first week of the month invariably.

I am also to add kindly to ensure strict compliance of the above directions.
7.
REQUISITION OF RECORDS
(i)
from revenue court
G.L. No. 1/67-1 dated 9th January, 1942

Civil courts should send court fee label of Re. 1 realized under rules 207 and 234
of General Rules (Civil), 1957, to the Collector's record keeper, while requisitioning
revenue court records as required by paragraph 1288(2) of the Manual of the Revenue
Department, U.P.
437
(ii ) from Registrar, Joint Stock Companies
G.L. No. 34/XVIII-70 dated 3rd May, 1948

Where secondary evidence of public documents forming part of the permanent
records maintained in the office of the Joint Stock Companies, U.P., is admissible in
evidence, the summoning of the original records in the first instance may be dispensed
with and the parties directed to file their certified copies. Wherever the examination of
the original document is necessary, it may be summoned for production before the court
through a clerk of the office of the Registrar, Joint Companies, and returned, if possible,
the same day. If however, the retention of the original record for a longer period is
necessary for the proper decision of the case, courts can retain the original record in their
safe custody, but as soon as the original record is not required it should be returned to the
Registrar, Joint Stock Companies, without any further delay.
(iii)
From a Panchayati Adalat
G.L. No. 34/VII f-100 dated 27th March, 1953 read with U.P. Govt.
G.O. No. 170/VII dated 7th March, 1953

In accordance with rule 246 of the Panchayat Raj Rules, Panchayati Adalats will
now directly send the required records, of a case, suit or proceeding to a higher court.
C.L. No. 62/VIII h-17 dated 8th May, 1952 read with
G.O. No. 6013/VI dated 22nd April, 1952

In accordance with rule 128-A of the Panchayat Raj Rules where the records are
called for by a superior court at the instance of any party, the presiding officer shall direct
the applicant to deposit a fee of Rs. 1.50 inclusive of money order charges for this
purpose and shall send this amount to the Sarpanch of the Panchayati Adalat, who shall
then send the required record, but where the court sends for the record of its own motion
the record shall be sent to it at the cost of Panchayati Adalat, within a week of the receipt
of the requisition.
C.L. No. 102/VIII h-17 dated 6th June, 1977

The courts while requisitioning records in connection with applications under
Section 85 and 89 of the Panchayat Raj Act, send the requisition letter and fee to the
District Panchayat Raj Officer, instead of the Sarpanch of Nyaya Panchayat concerned,
which procedure is inconsistent with the provisions of rule 128 A of the Panchayat Raj
Rules. All the presiding officers are directed to comply with the provision of rule 128-A
of the Panchayat Raj Rules, in future.
C.L. No. 52/VII f-III dated 28th April, 1961

The record of Nyaya Panchayat may be returned by the courts hearing revision
without any delay and requisitions for the records of Nyaya Panchayat may be sent in
duplicate.
(iv)
Police papers
C.E. No. 98 dated 18th September, 1969