Proof of application for Certified Copy from HC must while seeking exemption in filing Certified Copy of Judgment with SLP: Supreme Court

Supreme Court: In a criminal special leave petition against a decision of the Calcutta High Court, wherein, the present petitioner’s application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) was dismissed, the Division Bench of Dipankar Datta and Prashant Kumar Mishra, JJ. noted that in majority of matters arising from the High Courts, the special leave petitions are accompanied by applications seeking exemption from filing certified copies of the judgments and orders impugned in such petitions. The Court’s mild approach in accepting these applications has generated a sense of belief among litigants that they can get away scot-free even by making statements which are far from the truth.

Therefore, the Court issued practice direction to be followed by all litigants who propose to file special leave petitions both in civil and criminal matters with effect from 20-08-2024:

• If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge, such application must have, as an annexure, the receipt that has been generated/provided by the Section/Department concerned of the High Court as acknowledgment of receipt of an application from the applicant for certified copy of the impugned judgment and/or order and the reason for seeking exemption.

• There must be an averment that the application for certified copy has not lapsed owing to non-filing of requisites or otherwise.

• The application must contain an undertaking of the applicant to place the certified copy of the impugned judgment and/or order on record as soon as possible after the same is furnished to him by the concerned Section/Department of the High Court.

In the matter at hand, the High Court while dismissing the application opined that the present respondents (complainant) having approached the jurisdictional Magistrate with a complaint under Section 200 of the CrPC, he ought to be permitted to adduce evidence before charge is framed for arriving at a proper finding regarding the allegations. Since the SLP was barred by time by 774 days, the petitioners applied for condonation of delay and for exemption from filing the certified copy of the impugned order. The petitioner, in their application stated they applied for the certified copy of the impugned order, however, the same was yet to be received.

In the order dated 29-07-2024, the Court ordered the petitioners to file an application to bring on record documents in support of the above statement.

The Court noted that the application filed in response to the said order, did not contain the certified copy of the impugned order. The Court said that it was apparent on the face of the records and not disputed by petitioners’ counsel that, the petitioners made an incorrect, statement as to non-furnishing of the certified copy of the impugned order despite having applied for the same.

Hence, considering the dishonesty, the Court said that there was no reason to condone the grave lapse on the part of the petitioners and hear them on the merits, hence, the Court dismissed their SLPs.

The Court said that the special leave petitions in criminal proceedings are concerned, Rule 3 of Order XXII of the Supreme Court Rules, 2013 ordains that the petitions shall be accompanied by a certified copy of the judgment or order appealed from. Similar provision is found in Rule 4 of Order XXI of the 2013 Rules for special leave petitions pertaining to civil matters. Rule 1 (19) of Order V of the 2013 Rules ordains that the Registrar may exercise the powers of the Court in relation to application for exemption from filing of certified copies of judgments, decrees, orders, certificates or orders granting certificate subject to the proviso that an application for exemption from filing of certified copy of the judgment or order accompanying a special leave petition shall be posted before the Court along with the special leave petition.

The Court stated that “we are pained to note that despite there being specific provisions in the 2013 Rules requiring a special leave petition to be accompanied by the certified copy of the impugned judgment and order, such provisions are observed more in the breach. Such a situation should not be allowed to persist; so long the rules exist, there has to be substantial compliance. Even if the certified copy is not available on the date of presentation of a special leave petition, proof of application for such copy has to be adduced for the Court to consider the prayer for exemption.”

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