Documents for quash petition
DAYASAGAR MEHER
(Querist) 08 March 2013
This query is : Resolved
I am accused for a criminal trespass in an adverse possession civil case. While I am in possession of a portion of land for over 50 years my neighbor has imposed a trespass case against me in the local judicial court.
For which I want to file a quash petition in the high court. A lawyer in High Court asked me to provide certified copy of FIR, CHARGE SHEET, COGNIZANCE ORDER and STATEMENTS.
When I approached the local judicial court, for certified copy of these documents they told me those copies can't be provided to me, as the case is under trial and I am the accused. They also told me that I am not legally entitled to get those copies.
if I wont get those copies I can't file petition in HC. Please tell me how can I file quash petition or how can I obtain copies.
Rajeev Kumar
(Expert) 08 March 2013
No they are illusing you. An accused can also have right to get the certified copy. So pray in court by your lawyer.
ajay sethi
(Expert) 08 March 2013
you can obtain certifed copy of order
Raj Kumar Makkad
(Expert) 09 March 2013
You have every right to obtain the desired documents. Better to change the lawyer.
DAYASAGAR MEHER
(Querist) 09 March 2013
I think it's not the problem of my lawyer. I have myself talked to the officer who is in-charge of records in the judicial court. I have also contacted 2 more lawyers in this regard. but each time the person who is in-charge of record refused to provide the documents.
Can we file any complaint against that officer and where complaint to be filed.
DAYASAGAR MEHER
(Querist) 09 March 2013
I think it's not the problem of my lawyer. I have myself talked to the officer who is in-charge of records in the judicial court. I have also contacted 2 more lawyers in this regard. but each time the person who is in-charge of record refused to provide the documents.
Can we file any complaint against that officer and where complaint to be filed.
Devajyoti Barman
(Expert) 10 March 2013
If you are not getting the certified copy then file complaint with the Registrar of the court.
Nadeem Qureshi
(Expert) 10 March 2013
Dear Dayasgar
no need to worry, you should file an application for getting certified copy of the document before officer-in-charge, in person or through advocate, if through advocate you need a signed vakalatnama, and if the officer-in-charge is not ready to provide the certified copy you can file a complaint against him/her before registrar of court or session Judge/District Judge.
Feel free to Call
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
R.K Nanda
(Expert) 10 March 2013
no more to add.
prabhakar singh
(Expert) 10 March 2013
Why are you negotiating with him?
Just file an application and see who rejects it and then proceed with a complaint.
You can not be denied those copies.
DAYASAGAR MEHER
(Querist) 10 March 2013
Thanks to all lawyers for their valuable suggestions.........