How to get back documents filed in one case for use in another case.
Rajan Salvi
(Querist) 25 August 2008
This query is : Resolved
Complainant, as POA filed case u/s 138 against my clients. The Power of Attorney was forged. While examining the accused I filed the three versions of the POA in the Court. The three versions were
1. First , the zerox copy of POA annexed to the summons issued by the court which was recieved by the accused.
2 Certified copy [zeroxed][of the POA recieved from the court.
3. The POA original] filed by the complainant while leading evidence.
ALL THREE WERE ON SAME STAMP PAPER BUT THERE WERE CHANGES IN EACH OF THEM.
Complainant withdrew the case against my client.
Now i Want to file case u/s 471,466 etc against the complainant. How do i get back the documents filed by me and seccndly can i get the documents filed by complainant. Can i pray for calling of records of the disposed case and to be read in evidence in this case?
deepak kumar
(Expert) 26 August 2008
you are entitled to get the documents filed by you and you simply have to file a petition for that.
the documents filed by the complainant can not be returned to you but you can get a certified copy.
you can either file a petition under section 340 CrPC or file a separate case against the complainant and call for the records of the first case during evidence.
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Rajan Salvi
(Querist) 28 August 2008
Sir
195 and 340 of Cr.P.C. are when the cans is pending before the Ld. Judge. In my case the complaint is alredy withdrawn by the complainant.
