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R N Aggarwal (CEO)     03 September 2012

Is filing non-certified photocopy of court-case file, crime?

Hello Legal experts here,

One opposite party has produced photocopies of non-certified-copies of documents (including court order sheets) from various court files (i.e. from courts below) in High Court.

Is it considered playing of a fraud with those courts / High Court? Is it punishable?

Could you please give reference of any specific ruilings by Supreme Court / High Courts.

Thanks.



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 September 2012

Normally in the high court xerox copies can be produced. If you have got doubt about those xerox copies, you can object for it.
1 Like

anurag sharma (properiter )     03 September 2012

in my case photocopy produced, we object and then they produced original/certified, if u can find/prove any fraud then u can file a case in 340 crpc. don't know abt high court....

1 Like

R N Aggarwal (CEO)     04 September 2012

Hi all Legal Experts here,

Thanks Adv. Rajeev (rajoo) ji, and anurag sharma ji for your reply to this point of law.

Further clarification of issues involved here:

1. Those submitted documents in High Court are direct xerox copies of those indexed documents available only in those ongoing court files (i.e. cases pending before the district courts below). These are not freshly typed copies of subordinate-courts records and they are not even photocopies of certified copies of those courts records. These photocopies are displayed as annexure in a counter-affidavit filed before the High Court.

2. As such, opposite party cannot even take the position that they had noted those contents of those about thirty-forty pages of about 6 different ongoing court files, after securing relevant courts permissions for their inspection.

3. It is well-known fact that no court in India allows use of direct xerox copies of court order sheets and other indexed documents, from ongoing court files.

4. The only legally allowed process is to get their certified photocopies and then use them anywhere. There is a prescribed court fee for getting those copies; and then there are also issues involved for security and privacy of ongoing court records.

Questions - The points of law here is:

A). Is it legal for opposite party to privately get hold of ongoing court files and to directly get their xerox copies i.e. without getting legal certified copies of those indexed documents available only in those court files?

B). Can High court consider it as frauds / theft played at the courts below?

C). Can the High Court overlook above-said serious issues?

D). Can the High court allow them to be admitted as authorized annexure?

Thanks.

anurag sharma (properiter )     05 September 2012

raise ur point to the judge through ur advocate and let it decide by the judge..... not harm for u......

1 Like

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