Section 217 in Criminal Rules of Practice and Circular Orders, 1990
217.
(1)Copies to Government Officers:- The Gazetted Officers of all Departments and all Officers who not being Gazetted Officers, are entitled to inspect records can obtain certified copies of the same Except as regards Officers of the Police and the Excise Departments and Public Prosecutors and Assistant Public Prosecutors such right extends only to obtaining certified copies of records relating to the Officer's own Department(2)Order of refusal to contain reasons:- The judge or Magistrate may in his discretion grant or refuse the application. If the application is refused, the Judge or Magistrate shall record the reasons for his refusal and shall communicate a copy thereof to the Officer concerned.(3)Inter departmental Supply of Copies: - Copies of orders of records which one Department of Government propose to supply to another Department on application, shall be made on plain unstamped paper and by the ordinary staff.(4)Lengthy records: - If lengthy records are concerned, the work should be transferred to the Copying Staff and the decision as to who should prepare the copy rests with the Officer to whom the copy application is made.The Department applying for copies should furnish copy stamp papers for the purpose and debit the cost thereof to its contingent charges:Provided that the cost of making copies of Judgments convicting or acquitting Government servants of criminal offences or of orders discharging such servants which are supplied on application to the heads of Departments concerned, shall be debited to the contingent charges of the Courts supplying the copies.Explanation 1: - "The Heads of Departments" in the foregoing proviso, shall include a Head of Department of the Central Government also.Explanation 2: - "The Post Master General" Hyderabad shall be deemed a Head of Department for purposes of the foregoing proviso.(5)Copies to Jail Department: - The Jail Department shall, however, be supplied with copies of judgment on plain unstamped paper. If extra staff is required for this purpose, the Government may be addressed for the employment of Section writers temporarily.(6)Copies to Public Prosecutor: - The above principles also apply to the grant of copies to Public Prosecutors. Copies of documents which are required by them while the trial or appeal is pending, should be made by the clerk of the Court of Sessions In-charge of the records or by someone working in his presence and under his immediate supervision. No charge should be made by the regular establishment of the Court. In cases where lengthy documents have to be copied and the work is done by the Copyist Department, the cost of the stamp-papers used for the same should be debited to the contingent allowances of the Courts issuing copies.(7)Copies of relevant records in Criminal Appeal to Public Prosecutor: - Copies of relevant records in any criminal proceedings should be supplied to the Public Prosecutor of the District concerned on his application, with a copy stamp-paper or on plain-paper at the discretion of the Judge or Magistrate.Note :- "The Director General of Police is requested to ensure that his subordinate officers do not make unnecessary applications for copies and Criminal Courts should bring to the notice of the Superintendents of Police, any cases in which the right to ask for the copies appears to them to have been abused."Return of Records
