2023 Supreme(Online)(Mad) 92327

MADRAS HIGH COURT
VIDHYA, (F,31/18) – Appellant
Versus
STATE THROUGH – Respondent
CRL A 254 2018

The appellate Court is governed by the procedure prescribed in Cr.P.C., for hearing the appeals, which are not dismissed summarily. Section 385(2) of Cr.P.C., provides for the said procedure.

Headnote:

CRIMINAL PROCEDURE - APPEAL - PROCEDURE - CALLING FOR ORIGINAL RECORD - MANDATORY - EXCEPTIONS - HANDWRITTEN DOCUMENTS - TYPING - MANDATORY - EXCEPTIONS.

Fact of the Case:

The Registry of the High Court had stopped the practice of sending for original records pursuant to the instructions given by the Registrar (Judicial) and certain other administrative orders. Hence, by order dated 30.11.2023, the Court directed the Registry to produce all the orders/circulars issued by the Registry in this regard.

Finding of the Court:

1. The Court held that the appellate Court is governed by the procedure prescribed in Cr.P.C., for hearing the appeals, which are not dismissed summarily. Section 385(2) of Cr.P.C., provides for the said procedure.2. The Court reiterated the importance of calling for the record in the latest judgment reported in Jitendra Kumar Rode Vs. Union of India, reported in 2023 LiveLaw (SC) 347.3. The Court also reiterated the position taken in the Criminal Rules of Practice, which state that the entire Sessions record and the entire Magisterial record shall be submitted to the High Court in all cases of appeals or revisions against the judgment of a Sessions Court, other than judgment on appeal to the Court of Session.4. The Court held that the certified scanned / xerox copy of the record cannot be equated with the original record of the case, which is absolutely essential for deciding an appeal.5. The Court also held that another aspect noticed in the printed paper-book is that many documents were handwritten and the statements of the accused under Section 313 of Cr.P.C., were not printed.6. The Court held that the printing of a statement under Section 313 Cr.P.C., can be dispensed with only if there are a number of accused, as per Rule 168(2)(iii) of the Criminal Rules of Practice, 2019.7. The Court also held that the Criminal Rules of Practice would necessarily override the administrative instructions issued by this Court at the instance of the learned Judges.8. The Court also held that it is imperative that the questions and answers in Section 313 Cr.P.C. drill in the trial Court is also included in the typed set which serves as a convenience set and functions as fulcrum of a criminal appeal hearing irrespective of whether hard copies are placed before the Bench or the same is placed before the Court by way of soft copies i.e., in digital form.9. The Court also held that the handwritten and illegible documents that are relevant in a criminal appeal against judgment of conviction under Section 302 IPC., such as the complaint, contents of the printed FIR, Seizure Mahazars, contents of the Accident Register, contents of the Wound Certificate and the contents of the Postmortem Certificate, have to be necessarily typed.

Issues: 1. Whether the Registry of the High Court is required to call for the original record in all cases of appeals or revisions?2. Whether the printing of a statement under Section 313 Cr.P.C., can be dispensed with?3. Whether the Criminal Rules of Practice would override the administrative instructions issued by the High Court?4. Whether it is imperative that the questions and answers in Section 313 Cr.P.C. drill in the trial Court is also included in the typed set which serves as a convenience set and functions as fulcrum of a criminal appeal hearing?5. Whether the handwritten and illegible documents that are relevant in a criminal appeal against judgment of conviction under Section 302 IPC., such as the complaint, contents of the printed FIR, Seizure Mahazars, contents of the Accident Register, contents of the Wound Certificate and the contents of the Postmortem Certificate, have to be necessarily typed?

Ratio Decidendi: 1. The Court held that the appellate Court is governed by the procedure prescribed in Cr.P.C., for hearing the appeals, which are not dismissed summarily. Section 385(2) of Cr.P.C., provides for the said procedure.2. The Court reiterated the importance of calling for the record in the latest judgment reported in Jitendra Kumar Rode Vs. Union of India, reported in 2023 LiveLaw (SC) 347.3. The Court also reiterated the position taken in the Criminal Rules of Practice, which state that the entire Sessions record and the entire Magisterial record shall be submitted to the High Court in all cases of appeals or revisions against the judgment of a Sessions Court, other than judgment on appeal to the Court of Session.4. The Court held that the certified scanned / xerox copy of the record cannot be equated with the original record of the case, which is absolutely essential for deciding an appeal.5. The Court also held that another aspect noticed in the printed paper-book is that many documents were handwritten and the statements of the accused under Section 313 of Cr.P.C., were not printed.6. The Court held that the printing of a statement under Section 313 Cr.P.C., can be dispensed with only if there are a number of accused, as per Rule 168(2)(iii) of the Criminal Rules of Practice, 2019.7. The Court also held that the Criminal Rules of Practice would necessarily override the administrative instructions issued by this Court at the instance of the learned Judges.8. The Court also held that it is imperative that the questions and answers in Section 313 Cr.P.C. drill in the trial Court is also included in the typed set which serves as a convenience set and functions as fulcrum of a criminal appeal hearing irrespective of whether hard copies are placed before the Bench or the same is placed before the Court by way of soft copies i.e., in digital form.9. The Court also held that the handwritten and illegible documents that are relevant in a criminal appeal against judgment of conviction under Section 302 IPC., such as the complaint, contents of the printed FIR, Seizure Mahazars, contents of the Accident Register, contents of the Wound Certificate and the contents of the Postmortem Certificate, have to be necessarily typed.

Final Decision: 1. The Court directed the Registry to call for the original record in all cases where the original proceedings are terminated before the Court from which the record is summoned and retain the same till the appeal is finally disposed of.2. The Court also directed the Registry to issue appropriate circular in tune with the decision in this regard. It will be more convenient and desirable to have typed copies of all the documents which are handwritten. The Registry is directed to get all the documents which are handwritten, typed and the typed copies should be duly compared and verified by the Registry by engaging sufficient staffs. However in appropriate cases, this Court may by order dispense with typing of all or selected documents for reasons. The Registry is directed to issue necessary circulars to Subordinate Courts to type out the handwritten portions of documents during trial after a process of comparison and send them along with original with effect from a date that may be fixed by Hon'ble Administrative Committee considering the requirement of additional staff and other factors which are relevant.