Trial Courts Must Send Original Records In Appeals From Concluded Trials : Allahabad High Court Clarifies Scope Of 'Asian Resurfacing'

The Court noted that as per Rule 9 of Chapter XVIII of Part III of the Allahabad High Court Rules, 1952, once notices are issued in an appeal or revision, “the record shall be sent for unless otherwise ordered”.

The bench noted that since the trial Court did send the original record and forwarded merely a certified copy of its record, the office could not provide copies of the trial Court's record to the learned counsel for the parties, because the Rules prohibit providing copies of a copy of a document.

Importantly, the bench observed that the practice of not sending the original records of cases to the High Court came into being after the Supreme Court issued a clarificatory order in the Asian Resurfacing of Road Agency on April 25, 2018.

The Court, however, clarified that the Top Court's direction to the trial courts to ordinarily retain original records was strictly in respect of cases where the proceedings are still actively pending before the trial court.

The Court observed that some trial courts had misunderstood those directions to mean that original records should never be transmitted to the High Court, even after the trial had concluded.

The Court further referred to a coordinate bench decision of the High Court in Prem Chand v. Charat Kumar Bansal (2025), which dealt with a similar issue in civil matters.

In Prem Chand, the coordinate bench had explicitly observed that even though the Supreme Court's main ruling in Asian Resurfacing (regarding the automatic vacation of stays) was later set aside by a Constitution Bench in the High Court Bar Association Allahabad v. State Of Uttar Pradesh & Ors. 2024 LiveLaw (SC) 177 case, it did not affect the validity of the Supreme Court's April 25, 2018 clarificatory order.

The High Court had said that the Top Court's specific direction to summon only photocopies or scanned copies of subordinate court records to ensure that trial or execution proceedings are not held up remains perfectly valid.

Rejecting any further misinterpretation, the Bench reiterated the Supreme Court had only intended to prevent unnecessary obstruction of pending proceedings before the trial courts.

"The Hon'ble Supreme Court did not direct that even when the matter before the trial Court stands decided finally, the trial Court will not send its record upon being called for by the High Court", the Court observed.

Furthermore, the bench drew a distinction between civil and criminal proceedings, as it noted that after conclusion of trial and conviction or acquittal of an accused, nothing remains to be done by the trial Court which may need the record of the trial, unlike a civil appeal against a decree, in which case the trial Court has to execute the decree.

Therefore, the bench concluded thus:

"Sending the original records of a concluded criminal trial would not hold up any proceeding before the trial Court. Therefore, the directions which were issued by the Hon'ble Supreme Court…for preventing stay of proceedings before the trial Court, will not apply to sending records of a concluded trial of a criminal case".

Referring to Rule 9 of the Allahabad High Court Rules which governs criminal appeals against convictions and acquittals, the Court said that the Rules are meant to be obeyed by everyone, more so, by all the Courts of law.

The single judge accordingly held that when a criminal appeal or a criminal revision is filed against an order of conviction or acquittal and the High Court issues notices, "the original records of the trial Court / appellate Court, as the case may be, will be sent to this Court, unless otherwise ordered, as per the mandate contained in Rule 9 of Chapter XVIII of Part III of the Allahabad High Court Rules, 1952".

Accordingly, the Court directed the trial court to transmit the original record in the present appeals without further delay. The hearing will be held next on August 17.

The bench further directed that this order be circulated among all judicial officers in Uttar Pradesh.