SACHIN THAKUR Vs. STATE OF U.P.

JUDGEMENT

(1.) On 10.01.2018 when this appeal was called on for hearing the records of the court below that were summoned by the office post the admission of the appeal to hearing vide an order dated 06.06.2017 had been sent back on 24.10.2017 on account of an order made by the Court that the office may explain as to why records of the court below had been summoned without an order of the Court to that effect made in this appeal. This led the learned counsel for the applicant to submit that this matter being a criminal appeal, the same cannot be heard in the absence of records of the court below, at least record of those proceedings wherein the impugned order was made. He submitted that without the records being available before this Court in accordance with the salutary principle governing exercise of criminal appellate jurisdiction of the Court and the provisions of Code of Criminal Procedure The Code applicable to final hearing of appeals, this appeal or for that matter any appeal of the present kind cannot be heard and determined.

(2.) This Court by a detailed order dated 10.01.2018 took notice of facts summarised above and undertaking a brief survey of the law on the subject, including relevant provisions of the Schedule Caste and Scheduled Tribe (Prevention of Attrocities) Act, 1989 The Act, the requirements under the Code relating to admission and hearing of appeals, the application of provisions as to hearing of criminal appeals to a relatively new found and an unfamiliar jurisdiction where actually and virtually a "bail appeal" has been provided for proceeded to frame the following questions for consideration in the limited context of the requirement of records to hear such appeals:

(3.) By the same order Sri Satish Trivedi, learned Senior Advocate was requested to assist the Court, and, he very kindly consented to do so, acting as an amicus curiae in the matter. Likewise, on a request from the Court, Sri Vinod Kant, learned Additional Advocate General, U.P. came forward to assist the Court and to put across the stand of the State in the matter.