Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajat sahotra (Partner)     20 August 2011

Urgent help?----procurement of challan copy and documents fr

 

 

Waiting for experts answers from one day...still no replies

Please help?----procurement of challan copy and documents from court file


Challan u/sec 406/420/120B IPC put up in court. Case is now fixed for 3rd Sep 2011 for service of accused.
Today i moved an application for court file inspection before the judicial magistrate which was rejected by saying that power of attorney on behalf of accused is required along with application or the accused himself must be present an sign the application for court file inspection.

a nakal form for uncertified copy of challan was also filed but the same was also not allowed by saying that the copies of challan cannot be provided before the service of the accused.

Now what is the remedy left to me and how can i procure copy of challan from court even before the service of accused.?

Please don't answer that i can get by paying bribes to the court clerk or the prosecution employee or the police station?

I wanted to know the right and legal way of doing it.

Please experts help



Learning

 1 Replies

Rakesh Shekhawat (Advocate)     21 August 2011

There are slight differences in each state but normally  General rules criminal says that parties to any proceeding may, on application with the prescribed court-fee made to the Court having the custody of the record, obtain certified copies of any judgment, order, deposition, memorandum of evidence, or any other documents filed in the said proceeding. The application may be made by the party himself or by his recognized agent or by his Pleader or Advocate. So you can apply with Vakalatnama from the accused.  Even in maharastra applications for copies by parties other than parties to the proceeding mainable but this should be supported by an affidavit stating the purpose for which the copies are sought. 


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