SUPREME COURT OF INDIA

Before:- B.N. Agrawal and P.K. Balasubramanyan, JJ.

Criminal Appeal No. 237 of 2005 (Arising out of S.L.P. [Crl.] No. 3015 of 2004). D/d. 7.2.2005.

State of Uttar Pradesh - Appellants

Versus

Raj Narain Pandey - Respondents

Criminal Procedure Code, 1973, Sections 385(2) and 386 (b) - Reconstruction of records - Acquittal of accused-Ground that records not available - High Court not justified in acquitting on this ground without taking steps for reconstruction of record-Order set aside and matter remitted.

[Para 3]

JUDGEMNT

B.N. Agrawal, J. - Heard learned counsel for the parties.

2. Leave granted.

By the impugned order, the High Court allowed the appeal and set aside the conviction of the respondent as lower court records were not available without taking steps for reconstruction of records, inspite of the fact that the State of Uttar Pradesh was ready to supply relevant records for its reconstruction. In our view, the High Court was not justified in acquitting the accused person on this ground without taking any steps for reconstruction of the record.

3. Accordingly, the appeal is allowed, impugned order is set aside and the matter is remitted to the High Court to dispose of the appeal on merits after giving adequate opportunities to the parties for reconstruction of the records.

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