1. An FIR was registered against the petitioner on 04.06.2016 under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The petitioner thereafter applied for the copy of the FIR through his representative Advocate after payment of challan on 13.06.2016 as per Annexure P-2 and it is stated that requisition was made to challenge the registration of FIR. It is contended that neither the said application was allowed nor was refused but was shelved as such there was a deemed refusal though the copy of FIR is alleged to have been sent to the Magistrate. Thereafter when the application was made to the Magistrate, only the photocopy of FIR was given without any authenticity of the same.

2. Learned counsel for the petitioner would submit that the said deemed refusal of the “certified copy” by the police authorities or the concerned Court violates Article 21 of the Constitution of India as it infringed the right to defend the petitioner for the alleged offence. He placed his reliance in Youth Bar Association of India vs. Union of India & Others, decided on 07.09.2016 by the Hon'ble Supreme Court in Writ Petition (Criminal) No. 68 of 2016. It is vehemently submitted th