( 1 ) RULE. Mr. Divetia, learned Addl. Public Prosecutor waives service of rule. At the request of learned Counsels, application is heard today. Petitioner has filed these applications as his application for obtaining certified copy of complaint was not entertained by Judicial Magistrate, First class, Patan. The facts relevant for deciding these applications are as under : one complaint has been registered by Patan Taluka Police Station as c. R. No. 34 of 1992 on 25-2-1992. Some allegations were made in the complaint against the petitioner and therefore petitioner wanted to approach this Court for obtaining orders under Sec. 438 of the Criminal Procedure code (hereinafter referred to as the code ). With a view to present his case before this Court, the petitioner applied for certified copy of First information Report (hereinafter referred to as F. I. R. for brevity) referred to above and also deposited Rs. 10. 00 on 5-3-1992. However, his application was rejected and order was passed to the effect that the amount be refunded and application may be filed. Being aggrieved by that order the petitioner has approached this Court.

( 2 ) MR. Nitin Amin, learned Advocate for the petitioner submitted that when a document is tendered before the Court either in evidence or not, certified copy of that must be supplied to the concerned person. It was also pointed out to the trial Court that the same is required or producing before the High Court and it was submitted that for obtaining judicial orders from this Court, the trial Court ought to have supplied the certified copy of f. I. R. Mr. Amin. learned Advocate submitted that some of the Courts are supplying certified copy of F. I. R. but some Courts are not supplying the same and that causes undue hardship to the litigants. He therefore, submitted that whenever there is a bona fide requirement the copy should be supplied and directions be given by this Court to that effect.

( 3 ) WORD complaint is defined in Sec. 2 (d) of the Code which reads as under :"complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a Police report. Explanation:- A report made by a Police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the Police officer by whom such report is made shall be deemed to be the complainant. "words inquiry, investigation and police report are denned in Sec. 2 (g), (h) and (r) respectively which reads as under :" (G ). "inquiry" means every inquiry, other than a trial conducted under this code by a Magistrate or Court; (h ). "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a Police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf; (r ). "police report" means a report forwarded by a Police officer to a Magistrate under sub-sec. (2) of Sec. 173;"so far as information to the police and their powers to investigate are concerned, the same are found in Chapter XII. Section 154 reads as under:"154. (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-sec. (1) shall be given forthwith, free of cost, to the informant. (3 ). Any person aggrieved by a refusal on the part of an officer in charge of a Police Station to record the information