Allahabad High Court · 2025-01-07
CRIMINAL APPEAL No. 719 of 1989 at Allahabad
- Citation / case number
- CRIMINAL APPEAL No. 719 of 1989 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL APPEAL No. 719 of 1989 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:3034-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 719 of 1989 Appellant :- Rajpal Respondent :- State Counsel for Appellant :- Rt. Mohan Chandra,Shadab Ali Counsel for Respondent :- D.G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. The present appeal is of the year 1989. 2. Learned counsel for the appellant Sri Shadab Ali has sent an illness slip. 3. On 11.11.2024, the following order was passed: "As per the report of the District Judge Moradabad dated 23.3.2022, we have been made aware that the reconstruction of the record of the case is not possible. It is to be examined by the District Judge, Moradabad as to whether a retrial is possible in the matter or not, as per the decision of the Hon'ble Supreme Court in the case of State of U.P. vs. Abhay Raj Singh, reported in 2004 (4) SCC 6. A report be sent in that regard. List this case on 10.12.2024." 4. Pursuant to the above quoted order, a report was submitted by Incharge District Judge, Moradabad reiterating the stand that retrial of the case is not possible. However, on 10.12.2024, the following order was passed: "As per the report of In-charge Additional District and Sess