Back
Rules Must Send Original Records in
The of Judicature at Allahabad, Lucknow Bench, has issued a significant clarification regarding the procedure for transmitting in . In a ruling delivered by Justice Subhash Vidyarthi, the court emphasized that are mandated to transmit original records to the in criminal appeals arising from concluded trials, dismissing the notion that recent judicial directives permitted the submission of only photocopies or certified copies in such instances.
Misunderstanding the Mandate
The issue arose during the processing of a where the trial court had provided only a certified copy of the records to the , citing procedural constraints. Many had adopted this practice following a ruling by the in the case of . That ruling aimed to prevent trial proceedings from being stalled when High Courts summoned original records during active, ongoing trials.
However, the clarified that this practice was grossly misinterpreted. The Supreme Court’s direction was specifically intended to ensure that active trial or execution proceedings were not obstructed. It never intended to restrict the transmission of records once a case has reached a finality, such as after a or .
Clarifying the Legal Stand
Distinguishing between civil and criminal matters, Justice Vidyarthi noted that in , often need original records to . Conversely, in a concluded criminal trial, the trial court has no further proceedings that would require the physical presence of original case files.
The court reiterated that Rule 9 of Chapter XVIII of the Rules, 1952, provides the binding framework for criminal appeals. The rule explicitly states that once notices are issued in an appeal, the record must be sent to the unless otherwise ordered.
Key Observations from the Bench
The court offered several pivotal insights into why strict compliance is necessary:
*
"The Hon'ble Supreme Court did not direct that even when the matter before the trial Court stands decided finally, the trial Court will not send its record upon being called for by the
."
*
"Sending the original records of a concluded criminal trial would not hold up any proceeding before the trial Court."
*
"The Rules are meant to be obeyed by everyone, more so, by all the Courts of law."
Impact and Directives
To rectify the prevailing confusion, the has directed the trial court involved in the present appeal to transmit the original record without further delay. Furthermore, to ensure uniformity across the state, the court ordered that this decision be circulated among all judicial officers in Uttar Pradesh.
By distinguishing between active litigation and finalized cases, this judgment serves to restore the of the , ensuring that the has complete access to original trial records to provide, in the words of the bench, "effective assistance" to counsel and the court in deciding appeals.
