Head Note : Thus, all the Presiding Officers holding criminal trials right from the Magistracy to Sessions Judgeship are directed to provide a certified photocopy of all the documents filed before them to the prosecution free of cost in addition to what is provided to the Defence. On receipt of such documents, as per the pagination of courts records, separate paper books shall be prepared and constructed for Government record. Case :- CRIMINAL APPEAL No. - 786 of 1979 Petitioner :- Raghuvir Sahai & Others Respondent :- State Of U.P. Petitioner Counsel :- D.C. Mukherjee,Nagendra Mohan,Prince Lenin,Rishad Murtaza Respondent Counsel :- Govt. Adv. Shri S.B. Verma, AGA and Smt. Shikha Sinha, Brief holder for the State, D.K. Singh,I.B.Singh Honble Uma Nath Singh,J. Honble Surendra Vikram Singh Rathore,J. Order (Oral) Towards our order dated 22.02.2013, Director (Prosecution) Shri R.M. Singh is present in Court. We are informed that as per prevailing practice in U.P., unlike in other States, the prosecution does not maintain any separate record. However, after some hearing, there is a consensus that a direction be issued to all the District Magistrates in the State of U.P., who are the custodian of prosecution records in their respective Districts, to maintain a separate and their own record of each criminal case till the litigation finally terminates at the stage of Supreme Court. Thus, all the Presiding Officers holding criminal trials right from the Magistracy to Sessions Judgeship are directed to provide a certified photocopy of all the documents filed before them to the prosecution free of cost in addition to what is provided to the Defence. On receipt of such documents, as per the pagination of courts records, separate paper books shall be prepared and constructed for Government record. In case of failure to do so on the part of District Magistrates in maintaining and preserving such prosecution records, the State Government shall take action as provided under the law by instituting suitable proceedings. Shri S.B. Verma, learned Additional Government Advocate, prays for and is granted a months time to do the needful in terms of earlier directions. List on 03.05.2013. Let a copy of this order issue today to the Principal Secretary (Law), Principal Secretary (Home), Director General (Prosecution), Government of U.P., and the Registrar General, High Court, Allahabad, for immediate compliance and circulation. Order Date :- 22.3.2013 A. Katiyar
Posted on: Fri, 15 Nov 2013 04:59:41 +0000
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