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Signature forgery case Case file lost by Court how to proceed


23-May-2023 (In Criminal Law)
I had filed a private complaint for signature forgery under section 420 in the court. The court had initiated an inquiry and police had filed their report. The judge had then ordered to send the proofs to the forensic enquiry. It is a criminal enquiry. But suddenly during court transfer the entire file is lost. - The inquiry is not being listed since 2 years - There is no response to RTIs to the registrar - There is no response to the application for obtaining certified copies. - I have drafted an RTI to the registrar of High Court. Kindly let me know how should I proceed in this case as it is important to me. Is there any hope or the case is lost ?
Answers (2)

Answer #1
793 votes
With the permission of the court you can reconstruct the file if the papers are lost from the record of the court. This is the only way to proceed. Nothing can be achieved under RTI if the record itself is lost or misplaced
Answer #2
619 votes
Sir

RTI Application will be of no avail in Judicial Proceedings. You need to file a Writ Petition in the Gujarat High Court,

The High Court will pass necessary direction on the Judicial Side, to the lower court to send the status report of the case and also to expedite proceedings of the Criminal Compliant. The file would be lost, but it would be misplaced by the Registry or taken off from the case board, for what ever reason. Once High Court passes the directions, things will move fast.

Remember, filing RTI application will be of no use and u will just waste your time. File Writ Petition in the High Court, without any further delay. Feel free to contact should you have any questions.

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