- (1.) This writ petition has been filed by Raja Ram Dubey challenging the order dated 23.12.2006 passed by Sessions Judge, Allahabad in Criminal Revision No. 794 of 2006 Rajaram Dubey v. State. By the impugned Judgment the lower Revisional Court has rejected the revision filed by Raja Ram Dubey being Revision No. 794 of 2006 and had refused to discharge him for offences under Sections 408/120B I.P.C.
(2.) The back grounds facts of the case are that the petitioner was a Munshi of Late Sri A.D. Giri, senior Advocate of this Court who breath his last on 4.8.2003. After his demise, the petitioner was attached with Shashank Shekhar, Advocate. On 12.9.2003 Criminal Appeal No. 2308/1979 was listed in Court No. 38 on which date, according to the averments made in the writ petition, the petitioner informed the Bench Secretary that senior counsel engaged in the case had expired and that the parokar along with the assisting counsel had taken back the paper book. After that the petitioner, according to his version was not concerned with the aforesaid appeal any further. It is further averred that on 12/13.7.2005 the petitioner came to know that a non-bailable warrant has been issued against him on the basis of a first information report dated 28.10.2006. On obtaining the copy of the said F.I.R., he came to know that a F.I.R. has been lodged by Registrar Genera, Allahabad High Court, Allahabad, for offences under Sections 379 I.P.C. in respect of an incident which occurred on 12.9.2003 in respect of loss of record of Criminal Appeal No. 2308/1979 Ashok Kumar and Ors. v. state of U.P. And Ors. and also the record of the concerned Sessions Trial No. 34 of 1979. It was mentioned in the F.I.R. that Criminal Appeal No. 2308/1979 Ashok Kumar and Ors. v. State of U.P. was filed against the Judgment and order dated 31.7.1979 passed by II Additional Sessions Judge, Allahabad in Sessions Trial No. 34 of 1979 convicting and sentencing each of the applicants for offences under Section 302/34 I.P.C. The said appeal was listed for final hearing on 12.9.2003 in Court No. 38 at serial No. 2. The record of the criminal appeal as well as the record of Sessions Trial No. 34 of 1979 was not traceable and was reported to have been lost. The matter was reported to the Bench concerned and on 19.9.2003 the Hon'ble Court was please to pass following order: The original file of the High Court as well as the record of lower court are not available the office has sent photo copy of paper book only. In the absence of original record the appeal cannot be taken up for hearing Office says that the record was sent to the Court. The Bench Secretary says that it was not received. Registrar General to take necessary action this regard and get original record traced out and submit report within two weeks. Sd/- Hon. U.S. Tripathi. Sd/- Hon (Mrs) M. Chaudhary. JJ.
(3.) It was further mentioned that on the basis of the aforesaid order an enquiry was initiated on 19.9.2003 and Sri R.P. Singh, Joint Registrar (Criminal) was appointed as Enquiry Officer, who submitted his report on 30.9.2003 with the request that R.B. Singh, Bench Secretary, Sri Ram Kailash, Peshi Clerk be given 10 days more time to trace out the record with further request that a thorough enquiry is required into the matter as the matter was very grave. In his report. Enquiry Officer has indicated that after going though the explanation by Ram Kailash, Peshi Clerk and Sri R.B. Singh, Bench Secretary, it transpired that Ram Kailash had gone to Court No. 38 on the date of the incident for verifying or checking whether all the files of cases listed in the cause, list is available or not. On the aforesaid recommendation of the inquiry officer a departmental enquiry was instituted and Sri H.C. Srivastava, Joint Registrar was interested with the said enquiry. An attempt was also undertaken to tract out the record but it failed. The matter was placed before The Acting Chief Justice and his Lordship vide letter dated 8.10.2004 was please to direct that the F.I.R. be lodged. With such averments the F.I.R. was registered at P.S. Cantt. against Sri R.B. Singh, Ram Kailash and others on 20.8.2004 at 4.15 P.M.;