Inspection of Records in criminal cases in UP
General Rules (Criminal) 1977
Inspection of Records
136. Taking charge of record – A Judge or Magistrate requiring to examine at his private residence the record of a case pending in his Court may take charge of such record.
137. Records of pending cases how inspected – A Judge or Magistrate in his discretion may by verbal order permit a party to a case or his pleader to inspect on the date of hearing, before the rising of the Court the record of a pending case in the Court room, or in the presence of the reader or munsarim.
Any Government officer authorised to examine record either on behalf of the Government or by way of scrutiny of the work of an office or any public prosecutor, may with the permission of the Presiding Judge at all reasonable times be allowed to inspect any record, book or register in a pending case without any formal application to or order by the Presiding Judge or Magistrate. No fee shall be paid for an inspection made under this rule.
138. Inspection in Sessions Court – For any inspection other than one made under the last preceding rule, of a record in a Court of Session or its record-room, the rules governing inspections in Civil Courts shall apply.
139. Inspection in Magistrate’s Court – For any inspection, other than one made under Rule 137 of a record in a Magistrate’s Court or record-room a verbal application may be made on any Court day within the first four working hours to the Court or the officer-in-charge of the record-room. If such officer rejects such application, he shall record his order and the reason therefor. If such application be granted, the reader or record-keeper shall make an entry of the inspection in an inspection register in the prescribed Form No. 6. (Part IX, No. 44); and shall cause to be affixed in Column 5 by the applicant a court-fee stamp of the value of [fifty paise] if he be a party to the case or such party’s pleader, and of [one] rupee in any other case.
Such applicant shall make his inspection in the presence of the munsarim, reader or of the record keeper or his assistant, and at such place and between such hours as may be appointed for the purpose by the Court or by the officer-in-charge of the record-room but not in the record-room itself. He shall not be allowed – (i) to have with him or to use any pen or ink, (ii) to remove any record from the place of inspection or (iii) to make any mark, upon, or in any respect to mutilate the record or paper which is being inspected. He may, if he so desires make fall copies in pencil of any papers that he is inspecting. A separate fee shall be levied for each record inspected ; if the inspection lasts for more than one day a separate fee shall be levied for each day or part of a day occupied in the inspection.
Where a party to a case applies that any record, book, or register, or set of books or registers be sent for and inspected during the hearing of the case, the applicant shall, on the application being granted, pay into Court a court-fee stamp of the value of one rupee for each such record, book, or register or set of books or registers. If, for any reason, such record, book or register is not sent for inspection, the applicant shall be entitled to a refund of the inspection fee paid under this clause, less [6 paise] in a rupee, provided he applies for such refund within three months from the date of order granting the application for inspection.
Refund of inspection fees under this rule shall be made by a certificate for refund in the form prescribed in similar cases for Civil Courts granted by the Court to the person entitled to such refund authorising him to receive from the Collector the amount therein specified.
Before any refund of inspection fees is made, there shall be an order of the Court on an application bearing an officer report, or on an office report. The Presiding Officer shall, with his own hand, note in figures the amount to be refunded, and the officer shall refer to such order before signing the certificate for refund.
140. Application for inspection of books, registers, etc – For any inspection, other than one made under the second paragraph of rule 137 of any prescribed book or register maintained in a court or record-room, a written application shall be made stating the purpose for which inspection is required. Upon such application shall be made an order in writing of the Judge or Magistrate or the officer-in-charge of the record-room either allowing or refusing the application; if inspection is allowed, it shall be made in the presence of the officer whose duty it is to keep such book or register. A fee of Rs. 10.00 shall be paid for each inspection made under this rule and for each day or part of a day occupied in the inspection.
141. Application for information – Any person desiring to ascertain the serial number, date of institution or other registered particulars respecting a case or any proceeding therein, or of any judicial proceeding, the record of which is in the Judge’s or the Magistrate’s Court or record-room, shall present or send by post to the officer-in-charge of the record-room, an application preferably in Form 7 (Part IX, No. 45), to which shall be affixed a court-fee label of [five rupees] giving the best particulars he can as to the year of institution and names of parties. He shall be entitled to have a search made and the information, if obtainable, given to him in writing signed by the record-keeper within ten days of the date of receipt of application.
The record-keeper shall mark each application with a serial number. In case the information be not supplied within ten days as aforesaid the record-keeper shall forthwith on the expiration of the said period of ten days report in writing to the Court the cause of non-compliance with the application.
The application shall after disposal be pasted under a separate serial number in a file book kept for the purpose and consigned to the record-room annually.
Where the applicant desires that the information be supplied to him by post, he shall give his address at which it may be sent and affix to his application postage stamps of the requisite value.
A printed copy of this rule in Hindi shall be posted on a notice board in a conspicuous place in every Court and also in the record-room.
141A. Tire fee prescribed by this chapter shall be in addition to the fee payable under the Court Fees Act, [Article 1 (b), paragraph 6 of Schedule II] on a written application for inspection or search.
141B. Access of Electronic Record – Subject to Rule 21-F and directions, if any, of the High Court, the electronic record of a case shall be accessible only in accordance with the provisions of the Information Technology Act, 2000, as amended from time to time (Act 21 of 2000) and the rules made thereunder notwithstanding anything contained to the contrary in any other provision of this chapter.
SOURCE: General Rules (Criminal) 1977