copy application in 138 NI case.

s.loganathan (Querist) 07 October 2010 This query is : Resolved
On an earlier query in this site, I raised the issue of denial of copies of documents by the Magistrate. I was suggested by experts to approach high court and resubmit CA asking only for exact copies or facsimile copies. I have submitted likewise and the Magistrate again returns the CA as 'exhibits not marked hence CA returned'. By the time my application to High Court comes up probably prooof would have been taken and maybe even trial would be over. What a farce! Are there any option that can be explored?

Follow Query

Report Abuse

Ajay Bansal (Expert) 07 October 2010
YES.

Devajyoti Barman (Expert) 07 October 2010
The Magistrate is right. If a document is not for formally proved, you are not entitled to get its certified copy.

Advocate. Arunagiri (Expert) 07 October 2010
Any document you have filed with the court, you can get the certified copy. It need not be marked as a document in the trial. The only requirement is that the document should be physically available in the case records.

s.loganathan (Querist) 08 October 2010
Gentlemen! Thanks! But how can the Magistrate be right & wrong at the same time? How can I be 'entitled' & 'not entitled' at the same time? Which is which?