IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPEAL NO.711 OF 2001 (OLD NO.1401/1995) Pyare Mohan Labroo R/o 912, Indira Nagar Colony, Dehradun ……… Appellant Versus Jagmohan Singh S/o Sardar Bishan Singh R/o House No.4, 54/54, Race Course Dehradun. ……… Respondent Dated: December 5, 2008 Sri Sandeep Tandon, learned counsel for the app lant el Sri M.A. Khan, learned brief holder for the State HON. DHARAM VEER, J. This criminal appeal, preferred by the appellant u/s 378(4) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 13.1.1984 passed by Munsif Magistrate IV, Dehradun in Criminal Case No.78/1983, P.M. Labroo Vs. Jagmohan Singh, whereby the learned Munsif Magistrate IV has acquitted the respondent-Jagmohan Singh for the charge punishable under Section 406 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.). 2. I have heard Sri Sandeep Tandon, learned counsel for the appellant as well as Sri M.A. Khan, learned brief holder for the State. None is present on behalf of the respondent. 3. Officer-in-Charge, Record Room (Criminal) /District Judge, Dehradun has reported vide his report dated 5.5.2004 that the record of the Criminal Case No.78/1983, Pyare Mohan Vs. Jagmohan has been weeded out on 20.1.1997 as per rules. Sri Sandeep Tandon, learned counsel for the appellant has submitted that after passing of the order dated 13.1.1984 which is under challenge, now the period of 24 years has been expired and now the reconstruction of the record or retrial is not possible. 4. I am fortified my view with the judgment rendered by Allahabad High Court in the case of Aziz Khan Vs. State of U.P. reported in ACC 1992 (29) 223, it was held as under:- “Where record has been lost or destroyed and it is not possible to reconstruct the record, it will not be just or proper to direct the retrial of the case if a long gap has elapsed since the commission of the offence. The occurrence had taken place on 15.10.76 i.e. 15 years back and the complete record has not been reconstructed. Applying the principle laid down in the above mentioned authorities, we are of the opinion that the appeal of Aziz Khan should be allowed and his conviction and sentence should be set aside and the government appeal against aquittal of the accused-respondents is liable to be dismissed”. 5. For the reasons recorded above and in view of the aforesaid quoted judgment of the Division Bench of the Hon’ble Allahabad High Court, the appeal is liable to be dismissed. 6. Accordingly, the appeal is dismissed. (Dharam Veer, J.) 05.12.2008 RG