Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 57 of 2000 Court No. - 64 HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Sri V.D. Ojha, learned counsel for the State/appellant is present. Sri Hitesh Pachori, learned counsel for the accused/respondents is not present even in the revised list.
3. Perused the records.
3. This appeal has been preferred against the judgement and order dated 3.10.1997 passed by VII Additional Chief Judicial Magistrate, Agra in Case No.80 of 1997, State vs. Rajvir and others, by which the accused/respondents have been acquitted of the charges levelled against them.
4. This appeal is reported to be defective as is beyond time by 846 days. The trial court records were summoned vide order dated 09.5.2019. Since trial court records were not received further orders directing their summoning were passed on 2.8.2019, 02.09.2019, 27.2.2024 and
12.3.2024. On 12.3.2024 this Court called for an explanation from the concerned District and Sessions as to why the said orders have not been complied with or even not responded from the judgeship. Office through its report dated 12.4.2024 has placed on record a report received from Incharge Record Room, Agra stating therein that the trial court records have been weeded out. The said report is dated 05.3.2024 which has been perused by this Court. Versus Counsel for Appellant(s) : A.G.A., Jagdish Tiwari Counsel for Respondent(s) : Hitesh Pachori State of U.P. .....Appellant(s) Rajvir Singh And Others .....Respondent(s)
5. Since the appeal is hopelessly barred by limitation as being beyond time by 846 days and also the trial court records being weeded out, the application for condonation of delay is dismissed.
6. The matter be consigned to the records.
7. Office to communicate this order to the concerned trial court/District and Sessions Judge for information and necessary follow-up action. September 11, 2025 Naresh GOVAD No. 57 of 2000 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad