Ashok Pal Singh, J. - (1.) THE present criminal revision has been preferred by the revisionists against the judgment and order dated 25.02.1986 passed by the then Munsif Magistrate, Lower Criminal Court, Bansi, District Basti in criminal case no.552 of 1982 as well as the judgment and order dated 04.07.1987 passed by the then Vth Additional Sessions Judge, Basti in criminal appeal no.17 of 1986, Sujhai and others Vs. State of Uttar Pradesh., whereby the Additional Sessions Judge, Basti has dismissed the appeal preferred by the appellants -revisionists against the judgment and order dated 25.02.1986 passed by the then Munsif Magistrate, Bansi, district Basti, whereby the revisionists were convicted under Sections 147 and 323 I.P.C. and sentenced to undergo R.I. for three months on each count and both the sentences to run concurrently.
(2.) IT transpires from the record that periodically directions have been passed by this Court for summoning the lower Court record, but the same has not been made available as yet. A letter of District Judge, Siddharth Nagar dated 29.05.2006 is also available on record in which it has been mentioned by him that the concerned criminal appeal no.17 of 1986 was decided by Vth Additional Sessions Judge, Basti on 04.07.1987 when district Siddharth Nagar was not in existence and Tehsil Bansi was in the jurisdiction of district Basti. The said appeal, according to him, could not have been decided without original record of the lower Court. He has also mentioned that when the record was not traceable at Siddharth Nagar, several letters were written to District Judge, Basti for getting the said record traced out at his end but to no avail. A letter was written by his predecessor Shri S.C. Chaurasia also to Vth Additional Sessions Judge, Basti for providing information to him about the name of the clerk and date when the original record of criminal case no.552 of 1986 was sent to Bansi, but no reply so far has been received from the District Judge, Basti. His letter also indicates that record of criminal case no.552 of 1986 was not actually sent to the Court concerned at Bansi and as such is lying with the District Judge, Basti. The District Judge, Siddharth Nagar vide his above, letter has made a request to this Court to get the concerned record summoned from the District Judge, Basti.
(3.) IN view of the above, the office is directed to get the lower Court record summoned from the District Judge, Basti.;