Deepthisudan (housewife) 20 October 2015

Certified copy

Dear Experts,

A Private complaint has been filed in the Judicial Magistrate Court & the Court has given direction to Police for investiigation & report in Dec.2013 u/s.156(3). Certfied Copy of the Case Documents was applied through Lawyer, in Feb. 2015 & the same was registered in the DM Court's CA Register. But till date the Certtified copies have not been supplied. Understand from the conserned clark that the case bundle is missing & they are in search of the same.

Under this circumstance, what is the remidial action & its procedure to be taken to get the required Certified copies of the Case Documents. Please help me.

Thanks in advance.

Deepthisudan

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SAINATH DEVALLA (LEGAL CONSULTANT) 20 October 2015

In every session court ,there is a special department named "Information department " where if you give an application to study any of the file , then it is their legal duty to provide you the demanded file for inspection within three days from giving the appliction .
The incharge of the department is always a addittional session judge . When the demanded file will not reach to the department,he will itself take the action and will call the concerned clerk or you can give application regarding this .It is the legal duty of the custodian to keep all the records safely . There are two benefits of this act:-

1:- The concerned clerk is bound to provide the file else he will loose his job with criminal case .

2:- The Magistrate court will not pass any adverse order untill you get the file or inquiry for it is pending .

It is very rare when any file or document missed from the court . Be sure that it is the act of the cleck who is hiding the file . Surely you will get it .

They cannot merely say that the file is not found,the file has to be preserved,till the matter is concluded in the Supreme Court.Hence the court clerks are playing mischief in giving the certified copies.

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