Certified copies obtained illegaly
Reformist !!!
(Querist) 18 November 2017
This query is : Resolved
Hi Experts,
I have filed a criminal complaint u/s 200 against a person in court X in District X. I summoned some record in the same court and some documents were exhibited by the witness regarding the same.
The opposite party who is not even summoned yet in the above mentioned case, used one of the document (only 2 pages) in exhibits in some other case in court Y (District Y) where he has filed case on me. I have already been summoned in this case and during his evidence he has exhibited only 2 pages of that particular exhibit (which is in actual total 6 pages) and rest 4 pages he has not exhibited.
Now my query is:-
1. Can he get the certified copies from the court where he is not even summoned yet i.e. court has not taken any cognizance against him yet?
2. Can he exhibit 2 pages out of 6 pages of the document exhibited in court Y, which he has obtained from the copy branch of court X (District X).
In my opinion, these are obtained in connivance with court staff.
Pl. guide me what shall i do.
Vijay Raj Mahajan
(Expert) 18 November 2017
You are right. Certified copies in the pending case in any court can be issued to parties of the case or to their advocates whose vakaltnamma has been filed and exists in the court case file.
The party if had obtained the copy of the court file by illegal means will always make excuse of some kind if reported.
Do case file inspection of the case from where the C.C.is supposed to have been obtained.
If there is vakaltnamma of some advocate duly signed by opposite party than you cannot do anything.
Summon may not have been issued yet party can still file for its appearance through its advocate through their Vakaltnamma.
Reformist !!!
(Querist) 18 November 2017
I have inspected the file . There is no vakalatnama of any lawyer expect mine's lawyer. WHat is the next step to do for me now? Can some case be filed against him?
Pradip Bajaj
(Expert) 19 November 2017
Collect the petition copy filed to obtain the certified copies by the accused person and check on whose signature the same has been issued.
Rajendra K Goyal
(Expert) 19 November 2017
Agree with the expert Vijay Raj Mahajan.
Dr J C Vashista
(Expert) 19 November 2017
Well advised by expert Mr. Vijay Raj Mahajan, I agree.
To add to it;
the Judge has to allow the application for certified copy which you should obtain by filing an application u/s 6 of RTI Act, 2005 and move to concerned High Court U/A 227 for institution of an inquiry and necessary disciplinary action against erring/concerned officials responsible for such an act.
