Uttarakhand High Court
Hoshiyar Singh Bisht vs State Of Uttarakhand & Ors on 2 August, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Writ Petition No. 1482 of 2022
Hoshiyar Singh Bisht ..... Petitioner
Versus
State of Uttarakhand & Ors. .....Respondents
Present:
Mr. Hoshiyar Singh Bisht, petitioner in person.
Ms. Manisha Rana Singh, the learned A.G.A. for the State.
Date of order: 02.08.2022
Sri S.K. Mishra, J.
Heard.
2. The petitioner is a public spirited person. This is his
third run to this Court. Earlier, he came in a criminal writ
petition no. 24 of 2022 but his application was disposed of
by the Co-ordinate Bench on 09.05.2022, giving him liberty
to file representation before respondent no. 1, i.e, Secretary
Home, with a direction to the Secretary Home to dispose of
his representation within stipulated period. The Secretary
Home having not disposed of his application/
representation, the petitioner filed contempt before this
Court, bearing CLCON No. 205 of 2022 that was disposed of
on 06.07.2022 observing that there is no wilful or deliberate
disobedience of this Court's order but the petitioner was
given liberty to file a fresh writ petition if the cause of action
subsists.
3. The present writ petition has been filed praying for
issuance of writ of mandamus directing the concerned
respondent to provide the entire paper book of criminal case
no. 1911 of 2016, State vs. Ganesh Joshi and others to the
petitioner, who intends to file an appeal against the final
judgment passed by the learned C.J.M. Dehradun.
4. The party in person would submit that he applied for
certified copy of the entire records but his application was
rejected on 14.12.2021 by the C.J.M. Dehradun or Judge,
In-charge, Copying Section of the court on the ground that
he is not a party to the criminal proceedings and the
petitioner has not prayed for a copy of the final judgment
but has prayed for grant of copy of medical paper, post
mortem report, photographs and statement of accused
recorded under Section 313 of the Code. Thus, it is clear
that petitioner's application for grant of certified copies of
the documents, except the judgment has been rejected by
the concerned authority.
5. The General Rules (Criminal), 1977 provides as
follows:-
144. Stranger may obtain copy of judgment.- A
stranger to a case shall be entitled to receive copy of the
judgment or order in a criminal case on payment of proper
fees.
146. Copies of official reports and of copies-
Except for special reasons, to be noted by the Presiding
Judge on the application, no copy shall be granted of (1)
official correspondence and reports; (2) a document which
is itself a copy; and (3) a document which does not form
part of the record.
In the case of official correspondent or report an
order for a copy shall not be made, until permission has
been obtained from the highest authority concerned with
such correspondence or report.
For the purpose of these rules the office in-charge of
the copying department shall be deemed to be-
(i) For a Court of Session the Munsarim;
(ii) For any other court at headquarter or the
Magistrate's record-room the officer in-
charge of the District Magistrate's record-
room, or such other person as the District
Magistrate may appoint from time to time
by written order; and
(iii) For any other court, the Presiding Officer.
In every application sent by post the applicant shall
give his full address, and shall state whether he will
attend in person to receive the copy or desires it to
be sent by post. In the latter case the applicant shall
also send a duly stamped addressed envelope with
the application.
5. It is settled principle of law that once a criminal
proceeding is completed and the records are consigned to
record room then any person can ask for the certified copy
of the documents thereunder. There is no express
prohibition either in the Code of Criminal Procedure or any
other Rules or Regulation enacted, as applicable to the
State of Uttarakhand, to provide certified copies of the
document appearing in a criminal case which has been
disposed of. The rules quoted above reveals that a stranger
may obtain a copy of the judgment in a criminal case. Rule
146 of the General Rules (Criminal) prohibits grant of copies
in case of official correspondence and reports, in case such
document itself is a copy and thirdly if a document which
does not form part of the record. Thus, it can be clearly
seen that the General Rules also do not prohibit grant of
copies of deposition, exhibits etc., in a decided cases. True
there is no rule for grant of copies of such documents but at
the same time granting of the copies as sought by the
petitioner are nowhere prohibited in any statute book
holding the filed. More so, we are in the age of right to
information which is akin to fundamental rights, and,
therefore, the authorities in helm of the affairs in the court
of District and Session Judge, Dehradun have committed
error on record by rejecting the application for granting
certified copies.
6. In that view of the matter, the writ application is
allowed. The petitioner is given liberty to file appropriate
application along with requisite fees for grant of the certified
copies of the judgment, copy of the FIR, copy of the
statement of the witnesses recorded by the court, copies of
the medical reports, post mortem report, statement
recorded under Section 313 of the Code in connection with
criminal case no. 1911 of 2016. It is further directed that
the certified copies shall be granted to the petitioner within
a period of seven days from the date of production of his
application and the requisites as per law.
(Sanjaya Kumar Mishra, J.)
(Grant certified copy as per Rules.)
PV
