Neutral Citation No. - 2025:AHC:12866-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 728 of 1985 Appellant :- Kishan Lal Respondent :- State Counsel for Appellant :- G.S. Hajela,Om Prakash Srivastava,Vishal Singh Counsel for Respondent :- A.G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. The appeal is of the year 1985. 2. Heard Sri Vishal Singh, learned counsel for the appellants and learned AGA for the State. 3. The present appeal has been filed by the accused-appellants who have been convicted and sentenced vide judgment and order dated 19.3.1985 passed by Additional Sessions Judge, Moradabad in S.T. No. 334 of 1983, under Sections 302, 323, 324, 458 I.P.C., Police Station - Bilari, District - Moradabad. 4. On 9.12.2024, the following order was passed: "1. There is a report dated 15.3.2024 sent by the office of the District Judge, Moradabad, after looking into the records, that reconstruction of the records was not possible. 2. Whether retrial is possible after contacting the accused and the informant, be also reported. 3. List this case on 19.12.2024." 5. In compliance of the aforesaid order, office has submitted a report dated 18.12.2024, which is based on the report of District Judge, Moradabad, which is ultimately based on the basis of report of concerned Presiding Officer that in the present case, re-trial is not possible as no paper whatsoever is available related to S.T. No. 334 of 1983. 6. We have gone through the report submitted by the District Judge, Moradabad. 7. In such view of the matter, it is quite clear that record of the relevant sessions trial is not traceable. 8. We have considered the identical issue as to whether in absence of trial court record appeal can be decided or retrial is possible after a long gap of time in Mauji Lal Vs. State 2022 (119) ACC 522 (DB) wherein entire case law including judgement of Hon'ble Apex Court in State of U.P. Vs. Abhay Raj Singh 2004 (50) ACC 691 (SC) has also been relied on. 9. In view of the judgment of the Apex Court in the Case of State of U.P. Vs. Abhay Raj Singh (Supra), it is not possible either to get the record of the present case reconstructed or retrial as the record has been weeded out in accordance with law, hence judgement dated 19.3.1985 passed by Additional District & Sessions Judge, Moradabad as regards the accused person cannot be reversed. Hence, in view of above stated position of law when record of the trial court is not traceable and reconstruction or re-trial is also not possible, the appeal has to be allowed. 10. The appeal accordingly stands allowed. The impugned judgment and order of the trial court dated 19.3.1985 convicting and sentencing the appellants is hereby set aside and the appellants are acquitted of the charges levelled against them. The accused- appellants are on bail. Their personal bonds are cancelled and sureties are discharged. 11. Appeal is allowed in above terms. 12. Copy of this judgment be sent to the court concerned for necessary compliance. Order Date :- 24.1.2025 Mohini Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad