AI Overview...
Procedure for Obtaining Record by Investigating Officer from Civil Court
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Requesting Documents from Civil Court - The investigating officer must seek permission from the civil court to access original documents (e.g., agreements, records) held in civil custody. The court can be approached by filing an application, which the court may grant after considering the circumstances (Sources: Malaram VS State of Rajasthan - Rajasthan, MINI vs SI OF POLICE, KAREELAKULANGARA PS - Kerala).
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Legal Framework and Jurisdiction - The process is governed by the Civil Rules (1986) and the Criminal Procedure Code (Cr.P.C.), which provide that the investigating officer must follow lawful procedures to obtain documents, including applying to the appropriate civil court with jurisdiction (Sources: Malaram VS State of Rajasthan - Rajasthan, Patiram VS State of Maharashtra - Crimes, MINI vs SI OF POLICE, KAREELAKULANGARA PS - Kerala).
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Court’s Discretion and Conditions - The civil court has the discretion to permit or deny access based on the nature of the document, the investigation’s needs, and adherence to legal procedures. The court's decision should ensure that the investigation remains lawful and respects the rights involved (Sources: Malaram VS State of Rajasthan - Rajasthan, MINI vs SI OF POLICE, KAREELAKULANGARA PS - Kerala).
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Expeditious Action and Due Process - The investigating officer is expected to act promptly upon obtaining permission, ensuring that the investigation proceeds without unnecessary delay. The court emphasizes the importance of expeditious and lawful conduct during document retrieval (Sources: MINI vs SI OF POLICE, KAREELAKULANGARA PS - Kerala, State of West Bengal VS Fulkumari Paswan - Calcutta).
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Limitations and Proper Procedure - The officer cannot bypass legal procedures; for example, recording statements or obtaining documents without court approval or proper application may be deemed improper. The process involves applying for custody or access, after which the court may order the release of documents (Sources: CINEMASTER (A DIVISION OF ASIAVISION ENTERTAINMENT) VS STATE OF GUJARAT - Gujarat, Malaram VS State of Rajasthan - Rajasthan).
Analysis and Conclusion
The main points highlight that an investigating officer seeking records from a civil court must do so by submitting a formal application, respecting jurisdictional boundaries, and following lawful procedures. The civil court has the authority to grant or refuse such requests based on the merits and legality of the application. This process ensures that investigations are conducted lawfully, safeguarding the rights of involved parties while enabling the officer to access necessary documents efficiently. Proper adherence to these procedures is essential for the legality and fairness of the investigation process.
References:
- Malaram VS State of Rajasthan - Rajasthan
- LILADE SITADE PAVAIYA VS STATE - Gujarat
- Baljinder Singh VS State Of Punjab - Punjab and Haryana
- AJENDRAPRASAD NARENDRAPRASAD PANDEY VS STATE OF GUJARAT - Gujarat
- State of West Bengal VS Fulkumari Paswan - Calcutta
- Kailashpati Kedia VS State of Maharashtra - Bombay
- SULAIMAN Vs SUB INSPECTOR OF POLICE AND ANOTHER - Kerala
- CINEMASTER (A DIVISION OF ASIAVISION ENTERTAINMENT) VS STATE OF GUJARAT - Gujarat
- Patiram VS State of Maharashtra - Crimes
- MINI vs SI OF POLICE, KAREELAKULANGARA PS - Kerala
Search Results for "Procedure for Obtaining Record by Investigating Officer from Civil Court"
2012 0 Supreme(Raj) 999 • India - Rajasthan
RAGHUVENDRA S.RATHORE
General Rules (Civil), 1986, Rule 181— Procedure for obtaining the document in question i.e. agreement, by the investigating agency ... , in order to obtain an original document which is in the record of the Civil Court, the investigating officer concerned has to seek ... from the Civil Court — The application of the investigating officer rejected by the #HL_STA....
1982 0 Supreme(Guj) 141 • India - Gujarat
S.B.MAJMUDAR
Barot that the Code of Criminal Procedure does establish a procedure according to law. ... officer. ... But even then, the Article itself provides that, such type of attack on personal liberty may become permissible if the procedure ... Barot also requested me to grant some time to him to enable him to approach the proper court for obtaining suitable interim relief. The request is reasonable. ... against in accordance with law before any agency may be investigating agency or ....
2019 0 Supreme(P&H) 362 • India - Punjab and Haryana
RAJIV SHARMA, HARINDER SINGH SIDHU
the investigating officer with regard to detection and investigation of NDPS Act related cases. ... and Doctor shall record their history or symptoms, if any of drug abuse. ... The State Government is directed to provide latest kits to the Investigating Officers to investigate the matters under the Opium ... He also apprised the accused about their right to get the search of bags conducted in the presence of some gazetted officer or Magistrate but both the accused reposed faith in #HL_....
2006 0 Supreme(Guj) 260 • India - Gujarat
BANKIM N.MEHTA
Chairman of Shree swaminarayan temple, Vadtal informing about developments in investigation, petitioner has not produced the letter on record ... BANARAPPA AND OTHERS (1996 (1) GCD 310 (SC), on the point of inherent powers of high Court U/s 482 of Cr. P. C. ... powers – In this case petitioner has not approached Sessions Court challenging the impugned order – Therefore, the judgment is not ... The petitioner has failed to satisfy this Court that after obtaining transit bail from Thane Court#HL....
2021 0 Supreme(Cal) 390 • India - Calcutta
SOUMEN SEN, SAUGATA BHATTACHARYYA
3) , 190 and 164 - Sealed restaurant - Investigation - Challenged - Whether in a police diary, or otherwise or any part of such record ... appropriate steps in accordance with law - In view thereof, direction upon CJM to try and complete investigation is set aside - CJM shall record ... should not be ordered rests on Court's satisfaction whether facts and circumstances of a given case demand such an order - Held, Court ... The procedure for investigation to be followed by a police officer is stated in S....
1996 0 Supreme(Bom) 363 • India - Bombay
M.B.GHODESWAR
of Maharashtra i.e. the Investigation Officers had jurisdiction to investigate the case and the Court in Maharashtra competent to ... material available from the First Information Report itself that the import licences and permits shown were not granted by the Excise Officer ... Rule 3 (b), (i), (ii) of the Maharashtra Through Transport Rules, 1962 framed under the Bombay Prohibition Act, 1949 - The Excise Officers ... Mohandas were not granted by the Excise Officer at Port Blair and these are fake docu....
2007 Supreme(Online)(KER) 48613 • India - High Court of Kerala
R.BASANT, J
Ratio Decidendi: The court held that the Investigating Officer must seek permission to access the document and must act expeditiously ... Issues: Whether the Investigating Officer could access the original document necessary for the investigation, and whether ... of an investigation, emphasizing the necessity for the Investigating Officer to apply for document perusal and complete the investigation ... The statement filed by the Circle Inspector shows that the origi....
2010 0 Supreme(Guj) 151 • India - Gujarat
K.A.PUJ
used for infringement of copy rights by unauthorized public exhibition of films on Video Cassettes/public video CDs/DVDs without obtaining ... Criminal Procedure Code, 1973 - Section 154 - Copyright Act, 1957 - Sections 64 and 52A - Special Civil ... of the producer make available copy of the film in respect of which they hold right to the public for commercial exploitation - Court ... , the action of the investigating agency was not proper. ... Instead of undergoing various steps which are required to be taken under the....
• India - Crimes
D.D.SINHA, S.T.KHARCHE
without Investigating Officer moving for it - If however such statement is recorded without it being moved by Investigating Officer ... (i) Criminal Procedure Code, 1973 - Section 164 - Magistrate is not expected to record statement under Section 164 Cr.P.C. ... wit-nesses were recorded by Magistrate under Section 164 Cr.P.C. after 15 days of incident - No explanation by I.O. why he did not record ... The Investigating Officer kept quiet fo....
2011 Supreme(Online)(KER) 18777 • India - High Court of Kerala
THOMAS P.JOSEPH, J
- The court addressed the process for obtaining documents from civil custody for the purposes of a criminal investigation, emphasizing ... Ratio Decidendi: The court ruled that the officer in charge can request custody of necessary documents from the civil court ... Final Decision: The petition was disposed of, allowing the officer to request document release before the relevant civil court ... .17 and 18 of 2010....
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