Documents to be supplied to opposite party-accused:
Anurag Mittal
(Querist) 24 January 2014
This query is : Resolved
X has filed a Complaint case in Metropolitan Magistrate Court, Delhi.
After Pre summoning Evidence , Summons were issued for the Accused.
At the stage of filing Process Server for Service of Summons a Copy of the Complaint along with Annexures of the Complaint was per law supplied to the accused.
However when accused appeared on the First date of hearing post summoning he alleged that All Documents have not been supplied to him.
The above was objected to by the complainant and the Complainant showed proof of speed post receipt acknowledging that the complaint along with annexures were supplied in entirety to the accused.
Even the accused has conducted File Inspection after service of summons upon him.
It is Stated that During Pre Summoning Evidence some documents as evidence was placed on record by the Complainant.
The Cr P. C provides Only for Sending Across the Original Complaint along with Annexures but it does not require that even the Documents filed by Complainant during Pre Summoning Evidence is Also to be sent across to the accused.
The accused can on its own take Certified Copies of the Documents given by the complainant during Pre Summoning Evidence.
Query:
Considering the above facts, Can the Accused Ask for the Documents Filed at Pre Summoning Stage by the Complainant to be Supplied to the accused by the complainant.
Law only provides for providing Copy of Original Complaint with Annexures.
The Accused can apply for certified copies rather than putting the onus on the complainant for supplying even the documents filed during Pre Summoning evidence recording.
In alternative the Accused should ask the Court rather than having directions given to the complainant for supplying the documents other than the complaint.
Rgds...
ajay sethi
(Expert) 24 January 2014
what is the harm in giving copy of documents . furnish copy of the documents sought by accused
Anurag Mittal
(Querist) 24 January 2014
Thanks . I have already given. But these were shrewed delaying tactics adopted by the opposite party. Further in another matter they never serviced upon me the legally required documents. They cant act different in different courts but on same facts and circumstances. As such needed clarity in regard to legal position as the opposite party is extremely shrewed, miser and wanted to prejudice the court as if i did not gave them the documents when in fact i placed on record the speed post copy and only then did they came to know of the summoning order for the accused consequent to which they appeared.
Nadeem Qureshi
(Expert) 24 January 2014
Dear Anurag
the copy should be supplied to accused/respondents through post or by hand before the court because without seeing the documents at the stage of pre-charge evidence the respondents/accused can not fight his/her case, this is natural justice and it is the duty of the complainant to supply the same documents which is place on record or filed by the complainant before court.
Rajendra K Goyal
(Expert) 24 January 2014
If it was a delaying tactics, in court cases such tactics are adopted within legal breadline and are part and parcel of procedure. you have given them the copies of the documents, be careful about their further tactics.
If some document was not asked by them in another case it can not be claimed that they can not ask it in present case.
