Subject: How to get copy of Court 'B' diary of
a criminal case in a right/legal way?
Background of the criminal case:
Betrothal happened without fixing marriage date
and without writing marriage invitation. One year
after the betrothal, bridegroom refused to marry
the bride due to mismatch. Agrieved bride side
lodged police complaint on the bridegroom and whole
of his family members i.e. brothers/sisters/brother-
in-law/sister-in-laws/mother and subsequently three
of the bridegroom's siblings got arrested and
released on bail one week after filing FIR u/s 4
of Tamil Nadu Prohibition of Women Harassment Act.
Later IPC sections 406/417, 506(i), 294(b) got
added. For nearly three years, this criminal case
is running in Additional Mahila Court (JM Level),
Madurai and more than 50 hearings attended by the
prime accused bridegroom with literally eyes are
blind folded, mouth is shut, and ears are closed.
Meanwhile 100s of records piled up in the docket of
the criminal case during the trial upon charge sheet
filing and discharge petition cancellation. Though
certified copies of some of the records were
obtained through copy Application, the prime accused
wanted to get certified copy of all records
present/associated with the court 'B' diary for the
purpose of coming out of current lawyer and it has
been informed to the current lawyer and the court.
The current lawyer is also applied CA for "copy of
court 'B'diary from beginning". After two months
of repetitive follow-up only three pages of
partial court 'B' diary extract (three pages of
docket entries) was given and the CA is closed now
stating that copies of all documents in the 'B'
diary cannot be given even though criminal rules of
practice 339 provisions to give copies of any
portion of any record, docket entries, and Judge
notes.
Copy Application Problem - Solution needed:
The court is saying that the docket contains
CAs, 317 petitions, copies of referred judgements,
sureties, Judge notes, etc. which cannot be given.
In such situation, how to get certified copy of all
records present/associated with court 'B' diary of
a criminal case in a right/legal way. To whom the
copy application related complaint can be given?
Can the CA complaint be given to Chief Judicial
Magistrate or Principal District Judge? Though
there are various short cut / wrong ways to get
certified copies of all records, I would like to
know the right / legal way to get certified copies
of all records.
When the lawyer is representing, the court is not
allowing the prime accused to inspect the records
present in the docket. If the prime accused wanted
to conduct the case by himself, will the court allow
the prime accused for the inspection of all records
present/associated with court 'B' diary? If so,
what is the procedure to be followed for the
inspection? more
a criminal case in a right/legal way?
Background of the criminal case:
Betrothal happened without fixing marriage date
and without writing marriage invitation. One year
after the betrothal, bridegroom refused to marry
the bride due to mismatch. Agrieved bride side
lodged police complaint on the bridegroom and whole
of his family members i.e. brothers/sisters/brother-
in-law/sister-in-laws/mother and subsequently three
of the bridegroom's siblings got arrested and
released on bail one week after filing FIR u/s 4
of Tamil Nadu Prohibition of Women Harassment Act.
Later IPC sections 406/417, 506(i), 294(b) got
added. For nearly three years, this criminal case
is running in Additional Mahila Court (JM Level),
Madurai and more than 50 hearings attended by the
prime accused bridegroom with literally eyes are
blind folded, mouth is shut, and ears are closed.
Meanwhile 100s of records piled up in the docket of
the criminal case during the trial upon charge sheet
filing and discharge petition cancellation. Though
certified copies of some of the records were
obtained through copy Application, the prime accused
wanted to get certified copy of all records
present/associated with the court 'B' diary for the
purpose of coming out of current lawyer and it has
been informed to the current lawyer and the court.
The current lawyer is also applied CA for "copy of
court 'B'diary from beginning". After two months
of repetitive follow-up only three pages of
partial court 'B' diary extract (three pages of
docket entries) was given and the CA is closed now
stating that copies of all documents in the 'B'
diary cannot be given even though criminal rules of
practice 339 provisions to give copies of any
portion of any record, docket entries, and Judge
notes.
Copy Application Problem - Solution needed:
The court is saying that the docket contains
CAs, 317 petitions, copies of referred judgements,
sureties, Judge notes, etc. which cannot be given.
In such situation, how to get certified copy of all
records present/associated with court 'B' diary of
a criminal case in a right/legal way. To whom the
copy application related complaint can be given?
Can the CA complaint be given to Chief Judicial
Magistrate or Principal District Judge? Though
there are various short cut / wrong ways to get
certified copies of all records, I would like to
know the right / legal way to get certified copies
of all records.
When the lawyer is representing, the court is not
allowing the prime accused to inspect the records
present in the docket. If the prime accused wanted
to conduct the case by himself, will the court allow
the prime accused for the inspection of all records
present/associated with court 'B' diary? If so,
what is the procedure to be followed for the
inspection? more
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View all 7 comments Below 7 comments
Thank you very much Mr.Sankara Narayana Pillai for providing clear and useful information. Since certified copies are given at even nearly end of two months from CA application, should one wait for two months for not furnishing CA document before filing petition in the high court? The de=facto complainant has got high court direction of speedy disposal of the case within six months and that six months is over now. Subsequently The Justice of Additional Mahila Court, Madurai has written to high court, obtained another six months time frame, and that time frame is also over now. Meanwhile seven of plaintiff witnesses have given depositions, cross examination (on behalf of 9 accused (i.e. except prime accused) by current lawyer) all of seven plaintiff witnesses, CrPC 313 questioning is over, defence witness is pending. The prime accused is waiting to get certified copy of discharge judgement pronouncing the dismissal of discharge in April 2016 before cross examining the plaintiff witnesses. The Justice of Additional Mahila Court, Madurai do not care about it, but tells that since certified copy of plaintiff witnesses have been provided, it is sufficient for the prime accused to cross examine the plaintiff witnesses. Now, the Justice of Additional Mahila Court, Madurai is pressing for closing of defence witnesses soon before proceeding for argument. Due to this copy application (Court "B" diary including discharge judgement) problem so far, the prime accused did not get opportunity to check the genuinity of complaint, involve / participate during framing of charges, cross examine seven plaintiff witnesses, and is in a tight situation even to miss the opportunity of giving defence side witness. Is prime accused has right to get certified copy of discharge judgement before cross examining plaintiff witnesses or before giving defence side witness? There are 100s of questions to be asked by the prime accused during cross examination. If the cross examination is split into small number of questions (say around 20 each time), is the prime accused has right to get certified copy of each cross examination of 20 questions before proceeding for the next 20 questions of cross examination? more
Nov 18
Any accused person can conduct the case against himself,without any lawyer. He has a right to inspect the records but it can be done only with the permission of the court on application in writing. File a copy application for the documents you require.If not furnished ,file a petition in the High court. more
Nov 09
Is it not possible to apply for the information under the Right to Information Act? Please examine the feasibility of this. L.Kalavathi Retd. Bank Official Chennai, Tamilnadu, India. 8th Nov 2016 more
Nov 08
Agree with Mr Ravindran to apply for a copy through a good advocate. Just wondering where this marriage would be happy even court order in your daughter's favour. more
Nov 06
