• Supply of copies

Sir
On 09/06/2016,i filed an FIR against two persons in relation to physical abuse and demanding extortion money. These two persons have been booked under sec 384, 387 and 34 and were in jail for 20 days.Subsequently they were out on bail and started influencing the main witness in the case and i fear the witness may turn hostile. These two persons are politically and financially powerful.While searching online about the status of my case i came to know that the case has been come for hearing for 3 times on 15.12.2017, 19.12.2017 and 12.09.2018 and next hearing will be on 03.01.2019. The purpose of hearing is "supply of copies". As a victim, can i get these copies which the accused has submitted in the court ?and how?
Asked 5 years ago in Criminal Law
Religion: Hindu

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20 Answers

Hi

You can get the copy of the charge sheet, if you have received the Copy of FIR on the next date.

Police should had given you the copy of FIR as you have filled the compliant/FIR. If you have not received it ,mention it in the court on the next date you will be given the copies of both .

Supply of copies is meant for the parties to collect the copies of FIR and çhargesheet especially for the accused.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

apply to court for certified copy of documents submitted by accused

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

yes, you can get all copies related to this case,

You can file a copy application for certified copy in the CA Section With Minimum of Fee per page 2/-rs.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear,

Yes you will get copies through court.

Through advocate or self you apply for certified copies of all the documents

Related to your case.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Firslty, as per the information provided in the present above query, makes it clear that they are violating the conditions of the bail by influencing the witness.

Secondly, you should make an application before the same court where your case has been pending.

Thirdly, you may get the bail canceled also if they found to be doing the same.

Fourthly, and for getting the copies you may file an RTI to the state police on their website also.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Copy is provided to you by the court. If not apply for certified copy.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Hi,

You apply for getting copies certified from court by paying its fee.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1) You have to visit court and apply for the copies after paying nominal fees for copies and clerck will provide you all copies whatever they have submitted till date.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

hello

you should engage an advocate and he will do the needful. you cannot understand all the court procedures. all the copies which the accused submits before the court in his defense are to be provided to you. that is the law.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. It means the charge sheet is submitted and the accused persons are asked to collect free copies from the case record.

2. If they can not come then the court gives another opportunity for such collection.

3. Since the accused persons mostly try to drag the case they may not turn up soon to collect copies and hence the de facto complainant should appear in the case and inform the court for its collection.

4. You can only apply for its certified copies.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Yea you have every right to get the copies, On the next date you can ask for the copies to the other party, or you cam contact through your advocate also. Whatever documents will be filed by the accuses in the courty you will get the copy of the same

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Dear Sir,

Courts cannot deny copies of documents in criminal cases not only to the accused to enable them to defend themselves effectively but also to the complainants since they happen to be victims of the crime, the Madras High Court Bench here has said.

“As per Article 22(1) of the Constitution and Section 303 Code of Criminal Procedure, an accused is entitled to have documents to put effective defence. But, the de facto complainant is not going to defend. Actually, he will prosecute the accused whether it is a police case or a private case.

Please refer the following laws of land:

CHAPTER 17

Ch. 17]

Preparation and Supply of Copies

Notification

Rules made by the High Court under the power conferred by Article 227 of the Constitution of India

with the previous approval of the State Government, for regulating the preparation and supply of copies

of records of Civil and Criminal Courts by the copying agencies under the control of the District and

Sessions Judges and the Judge, Small Cause Court, Amritsar.

Rules

1. Short Title—These rules may be called the Punjab Civil and Criminal Courts Preparation and

Supply of Copies of Records Rules, 1965.

2. Definitions—In these rules, unless the context otherwise requires—

(a) “copy” means a certified copy of any record prepared in accordance with these rules;

(b) “form” means a form appended to these rules;

(c) “record” means and includes any portion of a record and any document, map, plan or other paper

attached to, or forming part, of the record of any suit, appeal, inquiry, trial or other proceeding in any

Civil or Criminal Court.

3. Persons entitle to obtain copies—A copy of a record shall be granted in the manner prescribed

by these rules to any person who, under the law for the time being in force, or under these rules, is entitled

to get it. In particular, copies may be granted as follows :—

(1) Any party to a civil or criminal case is entitled at any stage of the suit or complaint to obtain

copies of the record of the case including documents exhibited and finally accepted by the Court as

evidence :—

Explanation—(i) “Complaints” include challans.

(ii) A party to a suit or complaint who has been ordered to file a written statement is not entitled to a

copy of the written statement of his opponent until he has first filed his own.

(2) A stranger to a civil or criminal case may, after decree or judgment, obtain copies of the plaint or

complaint, written statement, affidavits and petitions filed in the case, as also of the evidence recorded by

the Court, and may, for sufficient reasons shown to the satisfaction of the Court, obtain copies of any

documents before the final order is passed. He may also obtain copies of any judgment, decree or order, at

any time after the same has been passed or made, but he shall not be granted copies of exhibits put in as

evidence except with the consent of the person by whom they were produced or under the orders of the

Court.

(3) Official letters shall be treated as privileged documents and copies thereof shall not be ordinarily

granted. Should it be necessary to grant a copy of a letter, or of an extract of a letter, received by a

subordinate form a superior officer reference shall, in every case, be made to the superior officer for

permission to grant copy thereof.

4. Supply of copies free of charge to persons accused or convicted and to public Officers—

Copies shall be supplied free of charge in the following cases:—

(1) If a person convicted in a summons case is in Jail and requires a copy for purposes of appeal or

revision he or his agent shall be allowed a copy of the judgment free of charge.

(2) Copies of judgment and other documents required to be supplied to the accused under Section

371 (see Section 363 of the new Code) of the Code of Criminal Procedure, 1898, shall be prepared by the

Court Stenographer and supplied free of charge to the accused, after having been duly attested by the

Reader of the Court, in accordance with the provisions of the said Section. In Courts having no

Stenographers, such copies shall be prepared and duly attested by the Copyists and supplied free of

charge.

(3) Copies of judgements or orders, or English translations of vernacular judgements or orders,

convicting, acquitting or discharging Government servants, including a person subject to military law or a

civilian in military employ, of criminal offences, shall be supplied free of charge of the Heads of

Departments of Offices concerned.

(4) Copies required for official purposes by Public Officers in Punjab shall be supplied free of cost if

the application for the supply of copy is endorsed by the Head of the Department concerned.

5. Procedure for submission of application for copy—An application for a copy of any record,

including requisition for a free copy may be made personally, or through an agent, or may be sent by post.

Note—The authority of the agent need not be a formal power of attorney.

6. Officers authorised to receive applications—(1) An application for a copy of any record of

District and Sessions Judges‟ Court shall be received by the Superintendent of that Court.

(2) An application for a copy of any record of Court of Small Causes, Amritsar, shall be received by

the Clerk of the Court, provided that the record, a copy whereof is applied for, is in the possession of the

Court.

7. Copy to be supplied with permission of officers concerned—An application for a copy of a

record of the High Court, or of a District and Sessions Court, or of an Office or Court of Commissioner or

of the Financial Commissioner made to a lower Court, or office, in which the record may be lying at the

time of the application, shall be complied with only with the permission of the Court or officer concerned.

Note—In no case shall a record be sent from the headquarters of a districts, to a sub-division or

tahsil, or a muffasil Court, for being copied.

8. Procedure where record is before High Court—Whenever an application is made for a copy of

record in case in which the record is before the High Court, the application shall be forwarded to the High

Court for disposal. If the application be made under Section 548 (see Section 363 of the New Code) of the

Code of Criminal Procedure, 1898, by a prisoner in Jail and is submitted with the grounds of appeal or for

revision, the memorandum of appeal for the petition for revision, as the case may be, shall also be

forwarded along with the application.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes you can.

Also you may file an application for cancellation of the bail on the ground that he is misusing the said liberty.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi

1) The complainant /victim can get the copies of FIR, Charge sheet filed against the accused by police by making a Copy Application under section 76 of Indian Evidence act.

2) You should file a petition before the magistrate seeking copies of FIR, Charge sheet and other documents in your capacity as Victim/Complainant.

3) Once the magistrate allows your application, certified copies will be provided to you by court, subject to payment of Rs2-/- per page

4) As for as the case status is concerned, the accused will plead guilty/not guilty on [deleted] and thereafter trial will commence(assuming accused did not plead guilty).

5) Court will also issue summons to you for recording your evidence. So , it is better for you to obtain copies now itself and be prepared for recording your evidence in the year 2019.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

The copies means , the copies of FIR, charge sheet and statements of witnesses and IO.

You can engage the services of an advocate and apply for certified copies of the said papers or any other documents.

You can file this copy application as party in person.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

Don't worry police is doing their work.

you are victim, your presence is not mandatory in every hearing

but their presence is must, because they are accused.

If you have any doubt then collect copies and appear in front of court in

next hearing.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

you can obtain copies of roznama as to what has transpired in court on the 3 dates mentioned by you

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

Your fear may be correct because there may misdeed on the part of the accused and you are suggested to apply for certified copy of complete file. Alternatively, you may engage your private counsel and get the file inspection done as per law.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

First of all you must be aware of the fact that this is a state prosecuted case through police, hence being defacto complainant your presences is not required before court, the case will be prosecuted by the APP.

Therefore no intimation is required to be sent to you on this.

The accused has to appear before the court.

From the contents there is no irregularity found.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

You will just be required on the date of examination and cross. PP will appear for you.

Since the accused is on bail he will have to mark his presence before the court on all the relevant dates.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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