Certified copies of deposition
Alapati Prasad
(Querist) 21 May 2014
This query is : Resolved
Dear sir,
I am a defacto complainant in a criminal case. I have applied for certified copies of deposition of PW1 to Pw4 and also PW5(Investigation Officer)through CA. The CA was rejected stating that only Public Prosecutor, can apply through CA for documents. no body can apply for documents through CA. Kindly confirm the rule position, if any.
alapati prasad
Devajyoti Barman
(Expert) 21 May 2014
I am not aware of what do you mean by CA.
The de facto complainant is entitled to certified copies of deposition and documents if exhibited.
BAALASUBRAMANNYAMM
(Expert) 21 May 2014
You are entitled to get certified copies of all depositions from the court, but you need to file a Copy Application along with a petition, requesting the court to issue the required certified copies. Then the court will allow your application and give the copies to you, on payment of required amount.
Alapati Prasad
(Querist) 21 May 2014
Sir,
ThanQ very much Mr. Barman and Mr. Bala subramanyam for ur immediate response. CA is copy application. It was rejected by the court. Is there any rule position stating that the de facto complainant can obtain the certified copies of all depositions from the court.
pl provide me case law, if any.
alapati prasad
Raj Kumar Makkad
(Expert) 21 May 2014
There is no requirement of the case law for obtaining the certified copies of the documents forming part of the case file. This is simple procedural law.
Raj Kumar Makkad
(Expert) 21 May 2014
There is no requirement of the case law for obtaining the certified copies of the documents forming part of the case file. This is simple procedural law.
Dr J C Vashista
(Expert) 22 May 2014
No need to file any case law to obtain certified copy. Approach higher court if trail court rejected.
Rajendra K Goyal
(Expert) 22 May 2014
Certified copy can be received as per application, if lower court rejected the application, approach higher court.
Alapati Prasad
(Querist) 22 May 2014
sir,
As per Mr. Makkad and Mr. Sankarnarayanan, it is procedural law. But My CA was rejected in lower court. Dr. Vashista and Mr. Rajendra Suggested to approach higher court, in case of rejection.
What is the procedure for approaching higher court? Pl let me know. It will be helpful, not only to me but also to many fresh advocates and even for some senior advocates.
Alapati Prasad
Devajyoti Barman
(Expert) 22 May 2014
Talk to Registrar of Curt. He will solve your problem.
T. Kalaiselvan, Advocate 
(Expert) 22 May 2014
You may file a vakalat through an advocate along with your affidavit and a third party petition and enclose a copy application(CA) to this, hope you may get the certified copies, consult a local lawyer and proceed.
Lawyer SALEEMA KABEER
(Expert) 23 May 2014
The Government and the accused alone are the parties in the said Criminal case.
If any other person other than the parties in the case, want to get certified copy of the proceedings or documents, besides a copy application and required court fee, separate affidavit also to be filed by stating the reason and requirement for the certified copies.
Kindly verify whether the copy application was rejected or simply returned?
If it was rejected, you have to go for further proceedings before the higher court. If it was returned, no doubt, you can re-submit the same again properly.
Lawyer SALEEMA KABEER
(Expert) 23 May 2014
Parties to any proceeding may, on application with the prescribed courtfee
made to the Court having the custody of the record, obtain certified copies of any judgment,order, deposition, memorandum of evidence, or any other documents filed in the said proceeding.
The application may be made by the party himself or by his recognized agent or by his Pleader or Advocate and may also be sent by post.
The application shall state whether the copy applied for is required for private use or otherwise.
Applications for copies by parties other than parties to the proceeding shall be supported by an affidavit stating the purpose for which the copies are sought.
Alapati Prasad
(Querist) 24 May 2014
ThanQ very much Lawyer Saleema Kabeer. Ur reply is clear and can be understood by everyone, fresh practicing advocate and others too.
alapati prasad
