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John (Teacher)     09 April 2013

Not able to get the copy of judgement

There was a criminal case registered against me and my family members in 2011 at the Tambaram Sessions Court in Chennai and the final judgment acquitting us all was pronounced on 18th January, 2013. Our lawyer had applied for a copy of the judgment on 26th February, 2013 but till date (9th April, 2013) the clerical staffs have not been able to trace our case file. 

It would be really helpful if some of you could advise me on the following since I am now becoming more and more anxious and restless about this:

1. Should I approach the Judge directly about this or should I register a complaint somewhere else?

2. What if my case file is lost forever? How will I be able to get the copy of the judgment without the case file?

I personally feel that this is a very serious issue. Request you to kindly educate me more on the next steps on handling this situation.



Learning

 12 Replies

Neha Chowdhary (Law Officer )     09 April 2013

U can take help of Court clerk....as him to check in his computer and trace judgement from date/party name wise...u can also seek help of IT departmnt of said court..most of the Judgements are available online also.....check online....

John (Teacher)     09 April 2013

Thanks for your prompt reply. I have been trying all these options through my lawyer but the clerical staffs are only insisting on the physical case file for obtaining the copy of the judgement. Perhaps, this court is not computerized or they are not authorized to look at the online records. They are also not allowing my lawyer to approach the Judge fearing that they might be suspended for loosing a case file. Should I register a complaint about this? If so, to whom should it be addressed? In essense, all that I need is a copy of the judgement for my records but cannot wait for it forever since it has other implications. 

Bhaskar M. Raut (Advocate)     09 April 2013

Please make written complaint to the Chief Metropolitan magistrate ,  if ypur  court is situated in the Metropolitan City or to the Chief justice of the Distroict Court of your area.

John (Teacher)     09 April 2013

Thanks for your direction...I shall do the same.

John (Teacher)     10 April 2013

In the meanwhile, I would like to know whether it is apporpriate to apply for a RTI. If so, what should be the main content of it. Should I request for a copy of the judgement or should I request for the reason for not getting the certified copy of judgement till date? I understand that the certified copy of the judgement cannot be obtained using RTI but only a copy could be obtained (please correct me if I am wrong). 

Should RTI precede the written complaint to the magistrate?

B.K.GUPTA... (ADVISOR)     10 April 2013

Better course would be to go personally to the copying section of the court before 12 noon on any working day with case No.,Court No. and name of the litigants and apply for the copy of the documents you require.

The printed  application form for the copy  is available with the typists sitting in the court compound.

Sudhir Kumar, Advocate (Advocate)     10 April 2013

application for such copy is a routine matter.

Sudhir Kumar, Advocate (Advocate)     10 April 2013

loss of file is routine bribe extracting practrice. File is not destroyed in two years.

 

But you should hav eapplied immediately.

John (Teacher)     11 April 2013

Dear Sir,

My advocate had already applied for the copy of judgement on 26th February, 2013. But that section have not been able to trace the case file till date.

John (Teacher)     11 April 2013

We had applied for the the certified copy of the judgement in just one month after the date of judgement.

Date of judgement: 18th January, 2013

Date of application for the certified copy of judgement: 26th February, 2013

Would the delay of about one month in applying for the copy of the judgement has anything to do with my case file not traceable?

B.K.GUPTA... (ADVISOR)     11 April 2013

Mr John

You have already mentioned all things/facts already..

If you need act as advised else do whatever you like

John (Teacher)     11 April 2013

Mr. Gupta,

Thanks for your response and I will act as per your advise.


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