Calcutta High Court: The present case arises from concerns regarding the transmission of Trial Court records to the High Court, particularly the delays and irregularities observed in their dispatch. A division bench of Subhendu Samanta and Joymalya Bagchi, JJ., issued practise directions to address the delays and irregularities in the transmission of Trial Court Records to High Court.
The Court, upon perusal of the report on this issue, noted significant discrepancies in the Trial Court records that had been transmitted. Consequently, the Court directed that the records be sent back to the Trial Court for necessary corrections, which were to be completed within a fortnight before retransmission. As the existing procedural rules did not prescribe any specific time frame for the dispatch of Trial Court records to the High Court, nor did they set deadlines for rectification of errors in the records or preparation of paper books upon receipt.
Thus, the Court issued a set of practice directions
(i) The Trial court shall dispatch the Trial Court records in physical form within 30 days from receipt of communication from the High Court. In the event there is a delay, an explanation shall be submitted before the Registrar General who shall place the matter before the Bench having determination for necessary directions.
(ii) In addition to dispatching in physical form, Trial Courts upon receipt of communication from the department may also forthwith dispatch a scanned copy of the records to the High Court.
(iii) Department shall within fifteen days upon receipt of Trial Court records inspect the same and, in the event, defects are noted in the records received the Bench having determination shall pass appropriate orders regarding rectification of defects or preparation of paper books ignoring such defects (if they are minor) as the case may be.
(iv) In the event the Bench directs rectification of the records by the Trial Court, the same shall be done within the time frame prescribed by the Bench concerned.
(v) In the event of delay, the Trial Court shall furnish an explanation before the Registrar General who shall place the same before the Bench for necessary directions.
(vi) The Department shall prepare paper books within four weeks of verification of records.
(vii) In respect of appeals under Section 415 sub-section (4) of the Bharatiya Nyaya Suraksha Sanhita, 2023, the Trial Court records shall be sent within fifteen days from receipt of communication, verification be done within seven days thereof and paper books be prepared within seven days thereafter so that the appeal may be disposed of within six months from filing of such appeal.
[In re Putul Ghosh, 2025 SCC OnLine Cal 1244, decided on 05-02-2025]
