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DerrickT   21 November 2017

Can accuse examine court full record/file in person?

Hi, 

 

I wish to know if an accused has the right to examine the full court file of a case? 

The charge sheet is filed but all the documents have not been given yet.. some of the pages in charge sheet are almost blank and significant parts are blurred via photocopy... 

If the accused has a right, please suggest how to proceed with it.

Also if there is no right to view the court files in person, then how can one get to see all the documents of a case? 

PS: Do not require a certified copy as the colour is not visible in it. The case is relating to a fake deed which is filed and hence the original has to be examined to check its paper consistency, ink etc and compare with simillar original. 

 

Thanks in advance! 

 

 

 

 



Learning

 5 Replies


(Guest)


I will be clear there are two things always going in Hon. Court , one book of procedure law and second Hon. Court Inherent powers and staff's mood. 

Generally, even in Civil Case documents are not handed over to the normal litigant. They are handed over to Adv. 

Additionally, it is a criminal case, that too of fraud forgery. 

Books state in person parties should seat in front of court staff and examine the documents, but court staff really don't have time to waste with you.

Some time if Hon. Judge allows you then he may direct to seat in front of Court staff or court peon and examine 

For that you may need to make application. 

But if you are represented by Adv. then court may decline it and tell that Adv. should come.

I will be honest in your case if you are accused it will be more difficult (Talking practically ) 
 

Advocate aslam (----)     22 November 2017

See crpc section 207

DerrickT   22 November 2017

Thanks Madhu for your kind answer.

Dear Advocate Aslam, some copies are received in the matter, but the accused thinks additional stuff is hidden and not furnished to us. It is a false case given by land tax officer after we have complained a case of harrasment and graft over him, he is showing his position of power. Also the accused has only recieved photocopies where the color of ink, paper quality etc. is not clear at all. The rest is in the file of court...

ganesh rao (x)     17 July 2018

Your advocate can make a representation to Presiding Officer to allow inspection of the file along with you.  It would be normally accepted and allowed to inspect alongwith the advocate.


(Guest)

Sir,

It is obligatory for the Magistrate to provide accused copy of charge sheet with relevant documents u/s 207 or 208 CrPC as the case may be but subject to 173 (6) CrPC. Your counsel can inspect the record.

Regards,

Abhishek Tiwari


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