Registry not submitting records after court direction

875 votes

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.

Advocate Jyotismita Baruah LawRato

544 votes

The prolonged delay in investigation and the failure to place the chargesheet/records before the High Court despite repeated directions can be a significant ground for seeking appropriate relief. The accused may consider moving the High Court under Section 482 CrPC/Article 226, as applicable, seeking quashing of the proceedings or, alternatively, appropriate directions for production of the records and expeditious disposal. The entire case history, including the 2015 and 2022 proceedings, the alleged filing of the chargesheet in 2022, and the Registry’s continued non-compliance with the Court’s direction, should be placed before the Court. The merits of the FIR, chargesheet and the nature of the allegations would also need to be examined before advising on the prospects of quashing.

Advocate Dip Kamal Saikia LawRato