Magistrate is not giving footage of theft

Bhagwan sahay (Querist) 02 February 2021 This query is : Resolved
CCTV footage in shoplifting case given with Challan
it doesn't contain any obscene
on hearing date just after challan presented lawyer wrote application for asking footage
& give to magistrate
Magis. said ask to P.P.

public prosecutor said footage has given to you when challan copy was given to you
if not given to you why did not you object that time
& lawyer said to P.P.i raised objection
p.p. wrote something on application
then lawyer forward it to Magis.
& magistrate has not given order to give footage after application moved
& next date given after one month
please
1 .does it mean magistrate suppose it has given to us because he didn't order to give ??
2. will magistrate not give us footage ??

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Quick Summary

A person is trying to obtain CCTV footage related to a shoplifting case, but the magistrate is refusing to provide it. The lawyer's application for the footage was forwarded to the magistrate, who did not issue an order for its release. The prosecutor claims the footage was already provided with the challan. The advice given suggests checking if an order was passed, as the magistrate might still issue one on the next date. If the footage is ultimately denied, an appeal to the district court or a revision petition to the sessions judge is recommended. Lawyers can inspect court files for updates on the application's status.

SHIRISH PAWAR, 7738990900 (Expert) 03 February 2021
Hello,

Find out whether the magistrate has passed any order on the last date. Otherwise, Magistrate may pass an order on the next date. If the magistrate refuses to give footage in that case you may file an appeal in district court.

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Rajendra K Goyal (Expert) 03 February 2021
Order may be passed on next date if not passed.

Your lawyer may apply for copy from the court file as per procedure.

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Advocate Bhartesh goyal (Expert) 03 February 2021
In my understanding court has rejected your application ,get inspected the court file through your lawyer.if your application has been rejected than file revision petition before season judge.

Bhagwan sahay (Querist) 04 February 2021
respected bhartesh sir
can my lawyer see court file it was happen on 2 feb.21 & today 4 feb.??
after two days will court permit my lawyer to ispect it ??
if my application has been rejected will it mention in my file

Advocate Bhartesh goyal (Expert) 04 February 2021
Yes,your lawyer can inspect your case file any time with the permission of court. Court has to mention in it's order sheet that application has been rejected or allowed.

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Bhagwan sahay (Querist) 04 February 2021
THANK YOU Bhartesh sir

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