special diary/case diary under section 172crpc
karan gowda
(Querist) 14 April 2017
This query is : Resolved
is it possible to obtain certified copy of case diary can be obtained by accused.please advise the process..
karan gowda
(Querist) 14 April 2017
can it be obtained by praying to court during triAl or have to use rti
karan gowda
(Querist) 14 April 2017
or if possible through some other processes please advise
Guest
(Expert) 14 April 2017
It can be obtained in 2 ways. If the case is going on then you can apply for it by way of an appliation u/s 91 of the Cr.P.C and the other mode of obtaining is through the RTI.
Make an application under the RTI and submit it to the concerned Police Station. It is mandatory on them to provide it.
Dr J C Vashista
(Expert) 15 April 2017
How you are concerned with the case and what for do you need?
If you are accused/his counsel you are entitled to get it from trial court free of cost.
Guest
(Expert) 15 April 2017
Rightly Advised by Senior Expert/Senior Advocate DR.J.C.Vashista
karan gowda
(Querist) 15 April 2017
Sir i am accused.. I had taken a look into those case diaries and i can prove clearly that whole case diary is completely framed.but in 172 crpc it is mentioned that accused can not acess case diary..court bench clerk in copy section also mentioned that case diary cant b provided.
If it is possible to access case diary by accused then plz mention the process
karan gowda
(Querist) 15 April 2017
That i/o has submitted complete false chargesheet, framed seizure list, wrong sketch and others for which he ll b prosecuted. Now io is evading trial dates as pw..as accused if i can access case diary copies then my petition ll b too stronger.
karan gowda
(Querist) 18 April 2017
Respected experts please advise. How case diary can be accessed
Guest
(Expert) 18 April 2017
Your Good Advocate would Help You.
karan gowda
(Querist) 18 April 2017
My advocate is saying case diary cant be accessed.please do suggest sir
Guest
(Expert) 18 April 2017
Request Your Advocate to Apply for Entire Set of Copy Of Document filed in the Case in the Copy section of the Concerned Court by Paying necessary Court Fee by way of Court stamps .If he follows it up Correctly you could get in 7 working days.
karan gowda
(Querist) 18 April 2017
Sir copy section clerk said case diary can not be provided
Guest
(Expert) 22 April 2017
I have already mentioned that you can adopt the RTI method. Also, you can go for quashing of Charge-Sheet before the High Court, if you believe it is a false charge-sheet which is filed against you.
Guest
(Expert) 22 April 2017
Please Note that Under Sec 8 (1) (h)_ Sec 172 (3) of CRPC The disclosure of Case Diary would impede Prosecutions and it will Not be Provided even thro RTI.Rest documents only will be provided which is enough for the Case.
Guest
(Expert) 22 April 2017
Mr. Karan Gowda,
I am unable to believe your statement that you are an accused and you had taken a look into those case diaries and i can prove clearly that whole case diary is completely framed. When you have made a mention of Sec.172, you very well know the provision of that section.
A pertinent question arises, how section 172 came to light when your charge sheet would not have contained any mention of section 172?
By putting such a question, probably you are trying to be over smart as if you think that nobody can smell your intentions. Apparently, you are a law student and are trying to seek assistance to solve your academic query. IF NOT, CAN YOU MENTION WHAT IS THE EXACT CHARGE AGAINST YOU WITH VIOLATION OF WHICH SECTIONS OF WHICH ACTS?
On one hand you have put a question with specific reference to section 172 and on the other you pretend that court bench clerk in copy section also mentioned that case diary cant be provided.
When you know the provision of the section, which clearly states that the case diary can't be used for the purpose of evidence, in what way do you propose to prove clearly that whole case diary is completely framed?
You should have known that in any court case you are supposed to scuttle down the charge against you on merits of the case, if false, not to prove the case diary as false, as a preference to charge.
