HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 728 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. 2. This application has been filed seeking direction to the Civil Judge (S.D.), Room No. 14, Pratapgarh to reconstruct the file/paperbook of Case No. 1423 of 2008 (State Vs. Rekha Devi) arising out of Case Crime No. 315 of 2007, under Section 409 I.P.C., P.S. Mandhata, District Pratapgarh. 3. Learned counsel for the applicant submits that applicant lodged F.I.R. bearing Case Crime No. 315 of 2007 (supra), in which, after investigation, charge sheet was prepared by the Investigating Officer, which was challenged before this Court by the private respondents in Application u/s 482 No. 1974 of 2009. The said case was disposed of vide order dated 28.05.2009 with liberty to the private respondents to move bail application before the competent authority, which was to be considered in accordance with the principles laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290. It is further submitted that the while pursuing the case, applicant came to know that the paper book of the aforesaid case is not available in the concerned court, on account of which, the applicant moved a complaint to the District & Sessions Judge, Pratapgarh. Thereafter, on the basis of report, order was passed by the District & Sessions Judge, Pratapgarh on 06.11.2024 for preliminary inquiry and also Versus Counsel for Applicant(s) : Shesh Mani Counsel for Opposite Party(s) : G.A. Habib Ulla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) directed to reconstruct the missing file within 15 days. It is vehemently submitted that till today, the file/paperbook of Case No. 1423 of 2008 has not been reconstructed. Submission of the learned counsel for the applicant is that he made an enquiry from the concerned court as well as the from office of the Civil Court, but proper response has not been given by the officials of the concerned court. It is, thus, submitted that the indulgence of this Court is necessary. 4. Learned A.G.A., while opposing the prayer of the applicant, submits that there is a proper remedy available to the applicant for filing inspection folio or questionnaire before the competent court about the status of the trial as well as the paper book. It is also submitted that since the applicant had not availed the proper remedy, the present application is misconceived and is liable to be dismissed. 5. Considering the submissions of the learned counsel for the applicant, learned A.G.A. and going through the contents of the application as well as other relevant documents, it is evident that the order dated 06.11.2024 was passed by District & Sessions Judge, Pratapgarh for reconstruction of missing file and also for preliminary inquiry. 6. In view of above, this application stands disposed of with liberty to the applicant to move fresh application before the District & Sessions Judge, Pratapgarh on the administrative side within a period of two weeks from today, in terms of the order dated 06.11.2024 and, in case, any such application is moved, it is expected from the District & Sessions Judge, Pratapgarh to consider the grievance of the applicant and take appropriate decision in the matter expeditiously. October 28, 2025 VKS A483 No. 728 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench