Bombay High Court
Satish Mahadeorao Uke vs The Registrar, High Court Of ... on 29 March, 2016
Bench: Ravi K. Deshpande
cra22.16.J.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CIVIL REVISION APPLICATION NO.22 OF 2016
Satish Mahadeorao Uke,
Aged - 37 years,
Occupation Advocate,
R/o Parvati Nagar,
Nagpur - 440027. ....... PETITIONER
...V E R S U S...
The Registrar,
High Court of Bombay,
Bench at Nagpur, Nagpur. ....... RESPONDENT
----------------------------------------------------------------------------------------------------
Shri S.M. Uke, Advocate [Applicant in person].
Shri A.M. Kukday, Advocate for Respondent.
----------------------------------------------------------------------------------------------------
CORAM: R.K. DESHPANDE, J.
th MARCH, 2016.
DATE: 29
ORAL JUDGMENT
1] Admit.
2] Heard finally by consent of the petitioner and the learned
counsel for the respondent.
3] Shri Satish Uke, the petitioner appearing in person claims to
have filed Criminal Application (APPP) No.40 of 2016 for grant of leave
to file an appeal before the Apex Court.
cra22.16.J.odt 2/4
4] The application was forwarded to the principal seat at
Mumbai for constitution of Bench to hear this application. Accordingly, it
is reported that the communication was received by the respondent -
Registrar (Judicial-I), High Court Appellate Side, Bombay, constituting
the Bench for hearing of the matter.
5] The applicant filed an application dated 03.03.2016 for
grant of certified copy of the communication received by the Registrar,
High Court of Bombay, Bench at Nagpur, constituting the Bench to hear
the Criminal Application No.40 of 2016. The application has been
rejected by an order dated 04.03.2016, which is reproduced below:
"The letter of which certified copy is sought, can not be
given as it is not a part and parcel of the matter, but it is a
official communication."
6] Shri Uke, the petitioner appearing in person has invited my
attention to Rule 5 in Chapter VIII of the Bombay High Court Appellate
Side Rules, 1960, which is reproduced below:
5. Applications for supply of documents for copies. --
(i) On a application bearing court-fee stamps of 20 paise in
that behalf the original papers in the record of any civil
or criminal proceedings may be supplied to the
Government Pleader or the parties or their agents for the
purposes of taking copies, provided that the papers are
kept under the control and supervision of an Officer of
cra22.16.J.odt 3/4
the Court.
(ii) Documents shall be made available for taking copies
during the hours prescribed above for taking search.
7] It is urged that under clause (i) of Rule 5 reproduced above,
he is entitled to receive the copy of the communication, which is a part
and parcel of Criminal Application No.40 of 2016. Shri Kukday, the
learned counsel appearing for the respondent has however, disputed this
position, and has urged that this is purely an administrative
communication, which does not form part and parcel of the proceedings
as contemplated under sub-rule (i) of Rule 5 reproduced above.
8] It cannot be disputed that without such communication
being placed on the record of Criminal Application No.40 of 2016, the
matter cannot be placed before the Bench, which is constituted for
hearing the said application. In view of this, the communication forms
part and parcel of the proceedings instituted by the applicant.
The applicant is therefore, clearly entitled to receive such
communication, and the refusal to grant copy of it cannot be sustained.
9] In view of above, the order dated 04.03.2016 passed by the
Registrar refusing to grant certified copy of the letter constituting the
Bench to hear Criminal Application No.40 of 2016, is hereby quashed
cra22.16.J.odt 4/4
and set aside. The Registrar is directed to issue certified copy of the said
communication to the applicant within a period of eight days from today.
Civil revision application stands disposed of.
JUDGE
NSN
