Trial Courts Must Dispatch All Physical Case Records Within 30 Days Of Receiving HC Communication: Calcutta High Court Frames Guidelines

The Calcutta High Court has laid down guidelines for trial courts to transmit case records after receiving orders from the High Court.

A division bench of Justices Joymalya Bagchi and Subhendu Samanta stated that they had noticed a trend of trial courts delaying transmission of case records after receiving HC communication and that the same had led to a delay in the preparation of paper books, causing a subsequent delay in trial.

Accordingly in noting that no rules existed specifying a time frame for trial courts to dispatch records, the bench held:

On a number of occasions this court has noted delay in transmission of trial court records to this court. As a result, preparation of paper books is delayed. This contributes to delay in disposal of appeals. Existing rules do not prescribe a time frame for dispatch of trial court records to the High Court. Rules also do not prescribe the time frame within which rectification of records are to be made or paper books prepared on receipt of records. 

Thus it framed the following rules:

(i) 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 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 dispatch 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 in regard to 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, trial court shall furnish explanation before the Registrar General who shall place the same before the Bench for necessary directions.

(vi) 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 Sanhit , 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

Accordingly the court directed for the order to be communicated to all trial courts under its jurisdiction through the office of the Registrar General.

Case: In Re : Putul Ghosh

Case No: C. R. A. (DB) 68 of 2022

Click here to read order