ORISSA HIGH COURT : CUTTACK
V.GOPALA GOWDA, S.K.MISHRA, JJ.
Arun Kumar Budhia. … Petitioner
Versus
State of Orissa and another. … Opposite parties
W.P.(Crl.) No. 1096 of 2011
Decided on : 05.10.2012
(i) 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.P.C.
(ii) An accused who has reason to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative/agent for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the Court. On such application being made, the copy shall be supplied within twenty-four hours.
(iii) Once the First Information Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the Court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Code.
(iv) The copies of the FIRs, unless reasons recorded regard being had to the nature of the offence that the same is sensitive in nature, should be uploaded on the Odisha Police website or by the district police website, as the case may be, within twenty four hours of lodging of the FIR so that the accused or any person connected with the same can download the FIR and the appropriate application before the Court as per law for redressal of his grievances.
(v) The decision not to upload the copy of the FIR on the website of Odisha Police/ District Police officer shall not be taken by an officer below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police, as the case may be, and that too by way bf speaking order. A decision so taken by the DSP/ACP shall also be duly communicated to the Magistrate having jurisdiction.
(vi) The word 'sensitive' apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy regard being had to the nature of the FIR.
(vii) In case a copy of the FIR is not provided on the ground of sensitive nature of the case, the person aggrieved by the said action, after disclosing his identity, can submit a representation with the Commissioner of Police/Superintendent of Police of the District, who shall constitute a committee of three high officers and the committee shall deal with the said grievance within three days from the date of receipt of the representation and communicate it to the aggrieved person.
(viii) The Superintendent of Police shall constitute the committee within eight weeks from today.
(ix) In cases wherein decisions have been taken not to give copies of the FIRs regard being had to the sensitive nature of the case, it will be open to the accused/his authorised representative to file an application for grant of certified copy before the Court to which the FIR has been sent and the same shall be provided in quote promptitude by the concerned Court not beyond three days of the submission of the application.
(x) The directions for uploading the FIR on the website of Odisha Police shall be given effect from 31st January, 2013. (Paras - 8 to 11)
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 F.I.R. registered by the police to the accused persons and/or their relatives and to direct the Odisha Police to upload the F.I.Rs. 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 F.I.R. registered against them in receiving copy of the F.I.R. 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 F.I.R. is not aware of lodging an F.I.R. or contents thereof and, therefore, without an authenticated 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. (Crl.) to provide copies of the F.I.R. 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
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