Legal Question in Criminal Law in India
Dear Sir,
Our lawyer told me that Forensic reports received by court. This information he told me 6 months back. Our lawyer is keep on telling reports are not yet opened whenever I ask. But, this is the vital evidence to our civil partition suit. In this regard, I have few to questions. I would be great full to you if you could help me.
1. I heard that as soon as court receives any report/cover/letter will be opened on the same day and get it signed by the concerned judge? please educate me
2. Our case is very much depend on this report. Why my lawyer is telling me that it will be opened once the final cross examination is over? is it true
3. If true, to open the forensic reports what should I do now?
4. Is it the responsibility of the court to open such a pending report? What action should I take in this regard?
5. Now, court holidays, is it possible to open reports? or If reports are already opened, can I apply for certified copy of the reports during court holidays?
Please kindly clarify my doubts as soon as possible.
Thanking you.............
2 Answers from Attorneys
1. I heard that as soon as court receives any report/cover/letter will be opened on the same day and get it signed by the concerned judge? please educate me
Yes, this is the normal procedure. But, sometimes the court for good reasons may let the report remain in a sealed cover. However, you may move an application for opening the report showing its importance and for the purpose of completing the evidence by cross examining the preparer of the report.
2. Our case is very much depend on this report. Why my lawyer is telling me that it will be opened once the final cross examination is over? is it true
It is difficult to give opinion without knowing the orders of the court from time to time.
3. If true, to open the forensic reports what should I do now?
File an application
4. Is it the responsibility of the court to open such a pending report? What action should I take in this regard?
An application will do the needful. Because, report as it is cannot become proof without examining the preparer on oath and his cross examination by the parties.
5. Now, court holidays, is it possible to open reports? or If reports are already opened, can I apply for certified copy of the reports during court holidays?
Yes, if report is already open, you may apply for certified copy of the report.
Generally, evidence like forensic report received during the course of trial is opened in the presence of lawyer of all the parties concerned.
In case, such report is yet not opened, appropriate application can be made before the court.
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