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Amitkumar Jain (PM)     20 September 2010

Getting documents from court

I need to get the documents which the police submitted with the chargesheet. We received only a copy of FIR and 3 statements from the court when we went to court for our bail application. Is there a particular format in which we need to apply for these documents. These documents are essential for us to prepare our defense as for sure know there are lot of lacunae in the investigation report and statements that have been recorded.



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 7 Replies

Raja (XYZ)     20 September 2010

After submitting the Charge Sheet to the court and framing charges, you can have a certified copy of the same from court. But in no case, you can see the Case Diary. Case Diary is a day-to-day report of police investigation, made by the authorised SI. In all bail matters, lower court & high court, Case-Diary usually called for. So, the valuable information is there, not in Charge-Sheet. For example, say 4 persons are arrested. Police submit Charge Sheet for say 1 person. And write "investigation going on..." in Case Diary. So, how complicated the case could be, you can assure by the case diary only. For case diary, unofficially you can speak to SI and may arrange to see.

Amitkumar Jain (PM)     20 September 2010

Is there a particular format in which i need to apply for this document. I did not get any document from the court which states what the police have submitted as their reply and when i went there to enquire i was told to speak to the concerned IO which seemed very strange as the matter is now in court.

Also when i went with an RTI application i was told that this is not under purview of RTI. I went through some of the forums for RTI as well and found that once the court takes cognizance of the case, all documents are in public domain and can be accessed thru RTI. Is this correct?

Meanwhile of the 3-4 statements i got, one is from a police havaldar and it is completely contradicting what the complainaint has said. what is the remedy in such case.

Raja (XYZ)     23 September 2010

If you are a lawyer, take Power of Attorney and File a Petition for Copy. If you are not a Lawyer, contact a Lawyer of that Court, arrange the Power of Attorney from the Respondent/Accused, and he can file for Copy.

You cannot access all information pertaining to court under trial through RTI. Only which is Public, can be accessed by RTI act.

Amitkumar Jain (PM)     24 September 2010

I was told by the court registrar that I can personally as well get the documents. For this I need to prepare a letter and not necessarily RTI. Include all list of documents needed and submit to the court with a 5 Rs. Stamp. I am for now following this guidance. Will post if I am successful in getting the documents.

The registrar also mentioned that it need not be via a lawyer. Even a personal request with complete details should be ok and then it is upto the magistrate and his office to consider it.

Raja (XYZ)     24 September 2010

I could not yet recognized you. Are you Petitioner or Accused or Lawyer or an Individual has no direct relation with the case you are telling ? What is your position ?

Amitkumar Jain (PM)     24 September 2010

I might be able to disclose this but i can say that i have direct/indirect relation with the case.

Raja (XYZ)     24 September 2010

Unless I understood you, I cannot help. You can contact me personally, not to disclose your identity.


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