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guest (advocate)     17 June 2009

Urgent Information

Dear Members,

I just want to know, whether the dying declaration recorded by the Magistrate is a public documents or private document. Is any third party who is related to the case, can make an application for providing certified copy of such dying declaration. Is there any mandatory provisions for not releasing or providing certified copy of such dying declaration. Becoz, when i have approached the court by filing third party affidavit for obtaining certified copy of dying declaration, the court staff has prevented me from filing the said Affidavit. So, help me out with aany decided case laws, where the dying delcaration can be provided on any conditions or like so.

Thanking you.



Learning

 6 Replies

Kiran Kumar (Lawyer)     17 June 2009

how u r related to the case?

otherwise, when the trial is pending the third party can not ask for the document from the court.

during the pendency of the case the document is still private, one the matter is decided the document becomes public.

 

Shashwat Shukla (Advocate)     17 June 2009

 Yes Mr. Kiran Kumar is right. u can not obtain certified copy of this document until the case is not finalize.

V.V.RAMDAS (Advocate)     18 June 2009

Mr Kiran Kumar is correct and you can  not get the copy of  same under  High court orders and Circulars but you can get the same under RTI Act.

RAMAN KUMAR BHARDWAJ (LAWYER)     18 June 2009

untill or unless the  such document is exhibited in evidence, certified copy of the same can neither be applied nor obtained.

B.N.Rajamohamed (advocate / commissioner of oaths)     21 June 2009

 

A dying declaration recorded by the magistrate is a public document in view of section 74 of Evidence Act. We have the right to inspect being the party to the case. Hence, inview of section 76 of the evidence act, we can apply for the certified copy. Now apply for it ,if the magistrate refuses let him pass any orders. Challenge the impugned order before the high court in the way orf quashing under section 482 Cr.P.C.


 

V.V.RAMDAS (Advocate)     21 June 2009

Dear RAjamohamad,

Your are correct partially but a third person  can not get the certified copy in a pending cases what ever document in may be except for the purpose of MACT. He can get a public document under RTI act after showing proper resons of his necessity.


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