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2015 Supreme(Ker) 1272

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ashok Bhushan and A.M. Shaffique, JJ.
Jiju Lukose - Appellant
Vs.
State of Kerala and Ors. - Respondents
WP(C) No. 1240 of 2015 (S)
Decided On : 30-11-2015

Advocates Appeared:
For the Appellant : G. Krishnakumar and P.A. Priya, Advs.
For the Respondents: Girija Gopal, Special Government Pleader.

Headnote:

Criminal Procedure Code, 1973 - Sections 438, 157, 173 & 207 - Right to Information Act, 2005 - Section 8(1) - Constitution of India, 1950 - Articles 19, 21 - Right - Applications of - Obtaining copy of F.I.R. - Uploading on Website - Finding of - Held, Obtaining copy of the F.I.R. is relevant and necessary - Court holds that accused is entitled for copy of F.I.R - Accused can make an application to police station concerned or office of Superintendent of Police or Court of concerned Magistrate which is required to be provided to him immediately within forty eight (48) hours - Court is of view that application for copy of F.I.R. can also be submitted by any person under 2005 Act - Police authorities are obliged to provide for copy of F.I.R. on an application under 2005 Act - Police Stations in State of Kerala have been connected with website and online application under 2005 Act are already been entertained on different police stations - It is in domain of authorities as to which category of F.I.Rs. are to be put on website for information to public in general

JUDGMENT :

Ashok Bhushan, J.

1. This Writ Petition has been filed as a public interest litigation seeking a direction to upload the copy of the FIR in the website of the police station and to make available copies of the FIR to the accused immediately on registration of the FIR.

2. Petitioner in the Writ Petition has narrated the circumstances and the background facts for filing this public interest litigation. Petitioner, a resident of Ettumanoor was made an accused in C.C. No. 567 of 2013 alleging offence under Section 498A of the Indian Penal Code at the instance of the petitioner's wife. Petitioner's parents are senior citizens and on registration of the FIR, the family members were called upon to come to the police station. Although the FIR was registered on 21.12.2012, petitioner could obtain a copy of the FIR only after two months. Till the petitioner could obtain a copy of the FIR, the petitioner and his family members were in dark about the nature of the allegations levelled against the petitioner. Petitioner is in a job at the United States of America. Petitioner's case in the Writ Petition is that the accused has no way of knowing whether the complaint levelled against him is false or not. Once the FIR is lodged, unless the accused has good contacts in police station there is no way of knowing even the number of the FIR. Delay in getting copies of the FIR by the accused and delay in filing FIR in Court gives opportunity for falsification of the FIR including modifying the FIR. There should be transparency with regard to registering a crime and furnishing copy of the FIR and also uploading in the website. According to Section 207 of the Code of Criminal Procedure (for short, "the Cr.P.C."), an accused is entitled for supply of copies of the FIR free of cost only when proceedings are instituted by the Magistrate in the Court on the basis of police report. According to Section 173(7) of the Cr.P.C. when the Officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5) of Section 173. In the absence of copy of the FIR, the very right of the accused to get himself defended cannot be fulfilled, since he is not in a position to know the nature of the allegations so that he may approach the appropriate Forum for getting his right and liberty protected. Petitioner's further case is that right to get information is part of fundamental right to freedom of speech and expression guaranteed under Article 19(1)(f) of the Constitution of India. Article 21 guarantees protection of life and personal liberty. A person against whom criminal offence is alleged is under a threat of being apprehended by the police. Being under the threat of apprehension by the police, he has right to get information as to the allegations levelled against him. It is submitted that recording of FIR is an official act of a public official in discharge of his official duties and hence it is a public document within the meaning of Section 74 of the Evidence Act, 1872. Being a public document, the public officer shall give on demand certified copy thereof in terms Section 76 of the Evidence Act. Petitioner's further case is that in view of the Right to Information Act, 2005 (for short, "the 2005 Act") all public officers are under obligation to put all information recorded in the public domain. The FIR which is lodged is to be put on the website of the police station, so that any one can assess the FIR including a person staying outside the country. Police is also obliged to accept the online application under the 2005 Act for obtaining copy of the FIR. With the aforesaid pleadings, petitioner in the Writ Petition has prayed for the following reliefs:

"i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to initiate immediate steps to ensure that they upload copy of the FIR on the official website of the












































































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