Stop Referring To Trial Courts As ‘Lower Courts’, Even Records Shouldn’t Be Referred To As ‘Lower Court Records’: Supreme Court
The Supreme Court while passing stern directions has said that the practice of referring to trial courts as ‘lower courts’ needs to be stopped, and that even ‘Lower Court Records’ (LCR) should be referred to as the Trial Court Records (TCR).
A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan accordingly observed, “It will be appropriate if the Registry of this Court stops referring to the Trial Courts as ‘Lower Courts’. Even the record 1 of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred as the Trial Court Record (TCR). The Registrar (Judicial) to take a note of this order. A copy of this order be sent to him”.
“The learned counsel appearing for the petitioners shall place on record the printed version of all the depositions of the prosecution witnesses and other relevant documents”, the bench further directed.
Senior Advocate Manoj Prasad appeared for the petitioner and Senior AAG Ardhendumauli Kumar Prasad appeared for the respondents.
In the present matter, through a Special Leave Petition, an order of the Allahabad High Court was challenged. The impugned order dismissed a criminal appeal assailing the judgment and order passed by the trial court convicting the appellants under Sections 302/34 and 307/34 IPC and sentencing each of them to life imprisonment.
The division bench of the High Court thus cancelled the bail of the petitioners herein and directed them to forthwith surrender before the court concerned to serve out the remaining sentence.
“Let a copy of this judgement along with record of lower court be sent to the learned District & Sessions Judge, Rampur for ensuring its compliance. Office of the Registrar General is directed to ensure a payment of Rs.15,000/- to Sri Sheshadri Trivedi, learned Amicus, for the services rendered”, the impugned judgment read.
Therefore, the Supreme Court directed the Registry to call for the soft copy of the record of the Trial Court to be provided to the counsel appearing for the parties.
Appearance:
Petitioners: Senior Advocate Manoj Prasad, AOR Vikrant Singh Bais
Respondents: Senior AAG Ardhendumauli Kumar Prasad, AOR Sudeep Kumar
Cause Title: Sakhawat & Anr. State Of Uttar Pradesh
Click here to read/download the Order
