IMPORTANT POINT
The accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.PC.

JUDGMENT

S.K. Mishra, J.—In this writ petition. the petitioner has prayed for issuance of a writ of mandamus to the State of Odisha to make provision for supply of copy of FIR registered by the police to the accused persons and/or their relatives and to direct the Odisha Police to upload the FIRs. in their website within a reasonable time after registration.

2. The petitioner is an Advocate and has filed this writ petition in the nature of a public interest litigation to solve the difficulties faced by the accused persons, who were named in the FIR registered against them in receiving copy of the FIR for seeking appropriate relief for protecting their right to life and personal liberty. It is brought to the notice of the Court that most of the times the accused named in the FIR is not aware of lodging an FIR or contents thereof and. therefore, without an unauthenticated copy of the same, he faces handicap in moving appropriate applications before the Courts for protecting his liberty.

3. The State has filed a counter affidavit and in the said counter affidavit, the State has sought to bring to the notice of the Court that there is no provision in the Criminal Procedure Code or in the G.R. & C.O. (Cri.) to provide copies of the FIR to the accused by the Police Officers.

4. In order to appreciate the contentions raised by the learned counsel for the petitioner, it is appropriate to take note of various provisions those are applicable. Section 154 of the Code of Criminal Procedure. 1973, hereinafter referred as the ‘Code’ for brevity, provides for information in cognizable cases. Section 154 of the Code is quoted below:

“154. Information in cognizable cases—(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(2) A copy of the information as recorded under Sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of the officer-in-charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him. in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.”

5. Section 154 of the Code provides for information as to the cognizable cases and investigation of such cases, whereas Section 156 of the Code provides for police officer’s power to investigate cognizable cases. After investigation, final report is submitted by the police to the Magistrate having territorial jurisdiction.

6. After completion of investigation and submission of charge-sheet, before trial, the accused is entitled to copies of the police report as provided in Section 207 of the Code. The said Section reads as follows:

“207. Supply to the accused of copy of police report and other documents— In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:

(i) the police report;

(ii) the first information report recorded under Section 154;

(iii) the statements recorded under Sub-section (3) of Section 161 of all the persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part