Rohit Garg 23 May 2017

Criminal inquiry: case file lost in court

I had filed a private complaint for signature forgery under section 420 in the court. The court had initiated an inquiry and police had filed their report. The judge had then ordered to send the proofs to the forensic enquiry.

It is a criminal enquiry. No FIR filed yet. No summons issued yet.

But suddenly during court transfer the entire file is lost.

The inquiry is not being listed since 2 years
There is no response to RTIs to the registrar
There is no response to the application for obtaining certified copies.
I have drafted an RTI to the registrar of Gujarat High Court. Sent him an email also one month back.

Kindly let me know how should I proceed in this case as it is important to me.

Is there any hope or the case is lost ?

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6 Replies

Advocate Friend (Assistant Manager - Legal) 24 May 2017

IF you are the complainant then You need to file a complaint first before the Judge that has ordered the inquiry if he does not respond in reasonable time say 90 days max, go before the Chief Judge (The Chief Judge is the man to go to for administartive irregularities in Court functions, he is duty bound to looks after work of all judges in that particular court building/ area) of that Court before you file RTI. (dont worry if you have already filed RTI). Contact a Lawyer that has guts to file such complaint before the Chief Judge of that Court.

IF the Chief Judge also does not respond in reasonable time file a writ petition claiming a writ of certiori before the High Court (usually the matter will be heard by the Chief Justice of the HIgh Court)

With a responsible advocate (one that holds reputation before the Courts Judge and other administrative staff) at your side you can get favorable order in max 6 months.