Advocate Jyotismita Baruah
Verified
4.0 | 2+ user ratings
Maligaon,
Guwahati
11 years Experience
Practice Areas
Criminal, Anticipatory Bail
Family
Courts
- District & Session Judge, Shillong
- District Court, Guwahati
- Gauhati High Court
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Questions Answered by Advocate Jyotismita Baruah
Q: Registry not submitting records after court direction
An FIR was filed in Nov 2012 against 11 corporate employees under Sections 420, 468 and 471 IPC. They were arrested in Jan 2013 and granted bail in Feb 2013. One accused sought quashing in 2015, but the High Court rejected it as premature. In 2022, four accused again sought quashing. In 2025, the PP stated that the chargesheet had already been filed in 2022. The Court directed the Registry to place the records on file, but after six months and two notices, the Registry has still not complied.
Advocate Jyotismita Baruah answered
In the present circumstances, I would not advise filing a separate criminal case against the Registry merely for the failure to place the charge-sheet or relevant records on record. The proper course would be to bring the continued non-compliance to the notice of the concerned Bench by filing an appropriate application in the pending proceedings.The application may seek a direction requiring the concerned Registry official/section to explain the reasons for non-compliance with the earlier judicial directions and to immediately place the relevant records before the Court. If the Court finds that the non-compliance is deliberate or wilful, it may consider initiating appropriate proceedings, including contempt proceedings, against the responsible person, subject to the applicable law and High Court rules.The Registry’s failure can also be relied upon as an additional circumstance demonstrating the extraordinary delay and the prejudice caused to the accused. However, administrative lapse and wilful disobedience must be clearly distinguished.Therefore, my considered advice would be to first move the concerned Bench, place the complete chronology and previous orders on record, and seek specific directions and accountability. If the Court subsequently finds deliberate disobedience, appropriate proceedings against the responsible officer may be pursued in accordance with law.
Frequently Asked Questions about Advocate Jyotismita Baruah
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