Can lawyer ask to court for ccty footage when date is not
Bhagwan sahay
(Querist) 23 November 2020
This query is : Resolved
accuse is on bail
8 September was the date given by court to appear accuse
he appeared with lawyer but magistrate was not present
& he signed on file& after some time lawyer said
that next date is 26 October & he went to home
after 30 minute lawyer informed him
that challan has produced in court on 8 September
court was closed due to kovid after 20 days
outside of his court on a paper written that
26 sep. date was extended to 2 February 2021
i want to know that lawyer got challan copy on 8 sep. but didn't get cctv footage(which is on pen drive submitted by I.O.) which is the part of charge sheet
so can lawyer file application in court to get footage in any day
or we have to wait till 2 February 2021.
Isaac Gabriel
(Expert) 23 November 2020
Petition could be filed in open court.
P. Venu
(Expert) 24 November 2020
Lawyer can apply. Court will give a decision based on the facts and circumstances and the nature of the document.
Advocate Bhartesh goyal
(Expert) 24 November 2020
Accused has right to get the copy of documents submitted with charge sheet.your lawyer can pray to court in this regard?
Bhagwan sahay
(Querist) 25 November 2020
THANK YOU EVERYBODY
I ASKED MY LAWYER to get footage in 380 ipc
but he is not willing
can i ask another lawyer for this purpose ?
Rajendra K Goyal
(Expert) 26 November 2020
If your lawyer is not interesting in your case, can change lawyer after getting NOC.
P. Venu
(Expert) 26 November 2020
It is not always the case that copy of the electronic record may be made available to the accused. The Supreme Court has held in the recent case of P. Gopalkrishnan @ Dileep vs The State Of Kerala:
"44. In conclusion, we hold that the contents of the memory card/pen drive being electronic record must be regarded as a document. If the prosecution is relying on the same, ordinarily, the accused must be given a cloned copy thereof to enable him/her to present an effective defence during the trial.
However, in cases involving issues such as of privacy of the complainant/witness or his/her identity, the Court may be justified in providing only inspection thereof to the accused and his/her lawyer or expert for presenting effective defence during the trial. The court may issue suitable directions to balance the interests of both sides."
