Destroying the complete records of cc file on the day of dismissal of the case by the hon'ble judge
Chanabasappa B Ganji
(Querist) 30 September 2015
This query is : Resolved
Dear Sir,
I am hereby furnishing the details related to the case as demanded by the experts Adv. Aniruddh and Adv. Sainath Devella. I request them to kindly take note and reply.
CASE HISTORY.
Place;Hubballi, Karnataka State
Cheque bounce case.
PC filed in Aug.2006.
CC filed /converted in Aug.2007 at JMFC II Hubballi Court.
Case dismissed for default on 24/09/2008.
Files destroyed (as per RTI in Nov.2014) on 24/09/2008. Sl. No. of disposal 716 as per Register of records in the Central Record Room.
Cr.Rev.Petition filed at HC Bench at Dharwad in 2008 and by Order dt: 03/04/2009 allowed to file Cr. Appeal.
Cr. Petition filed in 2010 and by Order dt; 25/08/2011 HC Ordered” Remanded to file of trial Court with a direction to proceed from where it is stopped”
I am the Petitioner.
The order copies were sent by HC Bench to the lower court on 29/09/2011. Though the same were recd. as learnt later, by the Office of the JMFC on 4/10/2011, I during my consistent follow up was repeatedly told that they had not received the same!.The above facts were collected by me during my personal visit, fed up of the delay , to the HC at Dharwad in June 2014. I then approached a couple of Senior Advocates at Hubballi Court but they refused to accept the case.
I am hence at the cross roads and need your Expert advice as to what is the future effective course of action I should initiate and whether I can file a case on the Office of the JMFC court for destroying file and for the appropriate compensation.
C.B.Ganji
SAINATH DEVALLA
(Expert) 30 September 2015
Even now it is a puzzle that u say the file was destroyed on the day of the order.I reiterate that the magistrate has no such power to order destroying the disposed case file.Something is wrong somewhere.As the accused or the complainant have a constitutional right to appeal right upto the full bench of the SC,the file in the lower court cannot be destroyed.
"Cr. Petition filed in 2010 and by Order dt; 25/08/2011 HC Ordered” Remanded to file of trial Court with a direction to proceed from where it is stopped”
What was the response of the lower court?
Can U provide me the cc no of the case at the lower court.
Chanabasappa B Ganji
(Querist) 30 September 2015
Case No. is CC 697/07 at JMFC II, Hubballi
C.B.Ganji
Rajendra K Goyal
(Expert) 30 September 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Destroying-the-complete-records-of-cc-file-on-the-day-of-dismissal-of-the-case-by-the-hon-ble-judge--562351.asp#.VguRl_mqqko
