• How to get certified copy of 498a and other cases filed in a judicial magistrate court

Hi,
My wife has filed 498a,307, 406 etc cases on me in ludhiana court directly. She is a resident of Tamil nadu and I'm from Bangalore. we have never visited ludhiana or Tamil nadu after or during marriage. She was born in Punjab and has filed cases on me and my family in ludhiana to harass me.
The case is scheduled for evidence hearing in next month and I haven't received any communication on the same.
Now my questions are
1) how can I get copy of the complaint and other documents submitted to the court ? Can I get it without going in person using a lawyer or by post / RTI?
2) do I need to take any action to have the case transferred to Bangalore or quashed in Ludhiana?
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1. Sir an application has to be filed in registry of court praying for  certified copies. You can engage an advocate he will get.you copies you just have to pay the copying charges.

2.youncan file a quashing petition before Punjab and haryana high court on ground of jurisdiction as there is no event or part of event in Ludhiana.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You can get it through an Advocate and not through RTI.

2. You may file a petition for quashing of the FIR in Chandigarh HC.

certified copy can only be obtained after filing a vakalatnama.

let me know if I can be of any assistance.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) If you have not received summons than need not worry about it. At the end later on the case will get dismiss.

2) No you don't have to visit in person unless n until you receive summons.

3) how do you come to know she has filed complaint a case against you?

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) you have to apply for certified copy of Roznama . Complaint etc from the court 

 

2) your lawyer can do the needful on your behalf 

 

3) if no part of cause of action has arisen in Ludhiana file petition in HC for quashing the dowry harassment case 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) how can I get copy of the complaint and other documents submitted to the court ? Can I get it without going in person using a lawyer or by post / RTI?
Assistance of a lawyer is good for handle the case properly. By way of filing a copy application with vakkalathnama,  you can get the copy of Complaint from the court.



2) do I need to take any action to have the case transferred to Bangalore or quashed in Ludhiana?
In a criminal case the court issued summons to accused and served through police. On that time you can enter into the court proceedings. As per your query, it can be easily quashed FIR (If the police register the crime). So check whether an FIR is registered against you or your wife’s private complaint is still pending before magistrate. Quashing petition filed before High court.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. You can engage an advocate who will get the certified copy of the complaint and all orders for you from the court. 

2. It is not clear whther you have taken bail or not. If not then first take it and challenge it on territorial grounds by filing a quashing petition in high court.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

judicial records is not excluded from the information which is required to be provided under the Right to Information Act, 2005. However, most of the courts do not provide information relating to judicial records under RTI. 

You have to apply through your lawyer to get a certified copy of the complaint and other documents.in case if you're Lawyer not furnished the copy to you,or refusing to give the same to you, you can very well file an affidavit in person or through some other advocate. 

You have file a Transfer Petition in Supreme Court to transfer a case from Ludhiana to Karnataka

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

File quash petition in High Court, Criminal case not maintainable in punjab as no incident happen there.

Hire local lawyer, he/she will arrage the copies.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  You cannot get the copy through RTI, since you are an accused, you may have to appear before the court, get enlarged on bail and then receive the free copy from trial court in the first appearance. 

 

2.  Since this is a criminal case, you cannot get it transferred to Bangalore. However you can file a petition under section 482 cr.p.c. before the high court, Chandigarh seeking to quash the charge sheet based on the merits and documentary evidences in your support.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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