Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

lalit (Engineer)     06 September 2013

Documents misplaced by court, will rti work?


i had a Traffic Challan and it was sent to Court. now Court cannot find the documents. people over there are saying the Special Magistrate court where my challan was is not there anymore so the documents are untraceable.

then i hired a Agent to find the documents, even he says the documents cannot be find. 

how do i get my documents? i have Driving license with challan. 

when i go to apply for duplicate License they say you already are challaned.

What should i do? will RTI help me in tracing the documents?i think if they give me in written that documents are untraceable , i might be able to get Duplicate.

i am doing rounds of Court from last 20 days.

Please Guide.

Lalit Nagrath


 12 Replies

SAM (LEGAL)     06 September 2013

you cannot submit RTI in the court, as RTI have certain exceptions wherein you cannot ask information to certain govt dept

Attached File : 64810815 rti new application.doc downloaded: 125 times
1 Like

lalit (Engineer)     06 September 2013

then what should i do to get back the documents?

please guide

Sudhir Kumar, Advocate (Advocate)     06 September 2013

 I would be enlightened if Mr SAM could elaborate which provision of RTI Act forbids disclosure of court records under RTI.

Sudhir Kumar, Advocate (Advocate)     06 September 2013

 @ Lalit


how are you satisfied that challan was by cops and not imposters.

T.R.RAVINDRAN (Telecommn Services)     06 September 2013

i hope that under RTI act court documents can be i right

lalit (Engineer)     06 September 2013

@sudhir sir

Challan was done by the traffic guys only. they have all the detail in traffic branch. they even had the court name to which it was sent but as that court has closed down (some special magistrate court) no one has any info about the docs.

if RTI will work i will try it, i am not hopeful of getting the documents because more than 2 people have told me the documents are gone.what they suggest is get duplicate made but issue with duplicate is they do background check and say you already are challaned ,get license from court. 

Vicious loop :(

what i plan to do is attach RTI reply to the new Duplicate licence form. valid reason as old one is lost by court. hope i am correct

NRI Legal Consulting (Consultant)     09 September 2013

Dear Sir If the document is send to court by the traffic guys then that is in court otherwise traffic guys telling a lies. fore more detail query

Sudhir Kumar, Advocate (Advocate)     12 September 2013

under RTI you can seek information available in material form.


The information in matgerial form will be as under :-


(i) name and designation of the challaning authroity who confiscated the papers?

(ii) whether such persons (whose signature are on copy of challan with you) really exists in police force?

(iii) name designation of person to whom he submitted and name and designation of person in chain to whom these were submitted with copy of acknowledgement at each stage?

(iv) Name and designation of the the person who filed the challan in court with list of documents he submitted?


The following information will be in material form in court registry:-


(i) date on which challan is filed?

(ii) list of documents submitted with challan?

(ii) case No registered by court?

(iii)dates  so far fixed in court alongwith outcome?

T. Kalaiselvan, Advocate (Advocate)     13 September 2013

Have you paid the fine under challan in the court?, if not pay the fine and demand for the document, or if the fine was paid elsewhere but it is confirmed that the documents were sent to court, on the basis of information file a petition before the court under the provisions of Criminal laws for return of documents, the order on the petition by the court will be able to solve your problem.  Thus, instead of taking a round about step, why dont you try the correct procedure available before you?


RTI on COURT can of course be used in similar cases.

If the author is still available then he can share his experiences.


Fighterr 26 (GOVT.)     28 October 2015

RTI is a special rule and it over rule/ prevail all the rule. recently supreme court issued notice to Gujrat HC and says the same. so it can be used anywhere... And they are bound to provide you the information if it is not comes under section 8

HC Rules prevail over RTI Act? Supreme Court issues notice to Registrar of the Gujarat High Court

The Supreme Court of India, after considering a plea by State Information Commission, Gujarat issued notice to Registrar of the Gujarat High Court on Monday.

The State Information Commission had submitted that the provisions of RTI Act over-ride the provisions of the High Court Rules and the same cannot be vice versa. The State Information Commission had approached the Apex Court as the Gujarat High Court had earlier ruled that information that is to be given to a person could be given under High Court Rules and not under the RTI Act.

The matter reached the galleries of judiciary as Mahendra A Bhatt; a former medical officer had sought some information along with certain documents and certified copy from the High Court. However, the Public Information Officer asked Mr. Bhatt apply in person or through an advocate to “Deputy Registrar”, Decree Department, Gujarat High Court to obtain the information. Reportedly, a court fees or Rs. 3 was also to be paid for the same.

Reportedly, the information was to given to him as per Rules 149 to 154 of the Gujarat High Court Rules, 1993. In case Mr. Bhatt was not a party to the case about which he was seeking information, he had to attach an affidavit, stating the grounds for his seeking information.

He thereafter filed an appeal before the Appellate authority. However, the same was dismissed as the Appellate authority decided that a certified copy could be obtained under High Court Rules and not under the RTI Act.

After his appeal was dismissed, Mr. Bhatt approached the State Information Commission and the same directed the High Court to provide all the information within 20 days, under the RTI Act. However, the Registry of the High Court approached the judicial side of the High Court wherein the Court directed that information be providedwithin four weeks, under the RTI Act.

Thereafter, the Registry approached the division bench, which ruled in its favour. The Division Bench held that provisions of High Court Rules prevail over RTI Act. Against the same, the State Information Commission has approached the Apex Court, it has reportedly took the plea, “The High Court ought to have appreciated that the Right to Information Act, 2005 is a special enactment which would have an overriding effect over other statues and rules (Section 22)”.


best wishes Fighter 26.

and I thank u on behalf of party in person & RTI Activists fighting their cases for a noble cause to get a precedent judgments for others.


this is a very nice ruling. if u could kindly advise link to this judgment or link to this judgment then that will be really useful for many trapped in false litigations. thanks

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register