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Gagnish Singh Khurana (Prop)     16 May 2015

Papers missing from civil case file

Dear Sir/Madam,

My friend is fighting civil case since last ten years. Now some important documents from his court file like registered will and family settlement is missing even though their receipt has been acknowledged by the judge.

It is siganlling towards conivance of the opposite party along with court room staff.

What are the options with my friend?

1. Do he has to write a application to the sitting judge for enquiry/ action /investigation against the perpetrators? If yes, under which section of Cr.P.C.

2. Do he has to give a complaint to the Police post located inside court for registering FIR against court room staff and others for missing papers?

3. What are the possible actions/orders  judge may take/pass for this criminal act?

* It is pertinent to mention that the court room has staff has approcahed my friend many times and requested to let go the issue.

Kindly advise your valuable comments,

Thanks.



Learning

 6 Replies

alinawaz (advocate)     17 May 2015

Write a letter about same to the judge of that court as well as the principal district judge of the district to take prompt action amd also to high court judges

alinawaz (advocate)     17 May 2015

Write a letter about same to the judge of that court as well as the principal district judge of the district to take prompt action amd also to high court judges

advocate nitin kumar (lawyer)     17 May 2015

if the document has been lost by the court then court is responsible in simple words.

it is the duty of judge to find out the person responsible for this document theft etc.

 

but in any case the documents like registrery of property or any other government document then those documents can be varified from the tehsil/registry offices of the district,,, where registration of the property is done.

 

but in any case if the documents are lost and can not be traced whatsoever then the court is bound not to pass decree against you......because as a genuine and honest person you had deposited them to the court.

and now court has lost it,, its not your fault.

 

no action can be taken against judge because the file/documents keeping is not the job of judge. it is the job of those peoples who work in the judge's chamber and handle these files and  documents. let them handle it...do not worry

 

but the same judege can take actions against the person responsible. kindly consult your lawyer for this..he will give more insights to the issue

 

as far as your issue is concerned i have told you the facts.

 

hope that helped.

T. Kalaiselvan, Advocate (Advocate)     18 May 2015

How did you come to know about the loss of the documents held in court custody?  It is the problem of the court and not yours  because you have already deposited the documents to the court and the court has acknowledged the receipt. 

You can make a complaint to the judge of the same court.  You can make a complaint to the Chief judge of the district about the said loss.

You can help the court to rebuild the documents wth the help of photo copies of the documents held in your possession if the court is asking you to asist it to rebuild the same. 

Gagnish Singh Khurana (Prop)     19 May 2015

Dear Friends,

 

Thanks for your replies. We have found during arguments that the papers are missing from File. i.e. Family settlement and will. These documents were essential for my friend. Actually this disclosed the corruption prevalent in Distt courts with some of the staff are taking petty amounts to do certain things .....However, we have decided to file a complaint with Police station against court staff and opposite party ( beneficary of the loss) u/s 409, 204 and 120-B of IPC.

After getting diary number from the police station , the copy will be attached to fresh application to the judge of the same court for necessary action and allow us to reproduce the copies.

 

Kindly advise if this is OK.

 

Biswanath Roy (Advocate)     22 May 2015

You are not the custodian of legal documents so if any complaint is required to be lodged in P.S. it will be lodged by the Registrar  of the court. You have no locus-standii to lodge any complaint to the police station.  How can you arrived at a conclusion that the documents deposited by you in the court are missing?  Documents could be misplaced also.  Taking leave/permission from the court you can reconstruct alleged documents missed from the records of proceeding.


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