How to get copy of FIR without any fee #fir #police #complaint #criminalcase
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How to get copy of
How to get copy of FIR without any fee #fir #police #complaint #criminalcase
Being a public document, the FIR cannot be withheld from public domain and would not only lend credence but would bring transparency in the working of the Police Department in case the same is put in public domain.
In this background, it has become imperative that certain directions be issued. Therefore, taking cue from the judgment passed by the learned Division Bench of Delhi High Court,
the following directions are issued:-
(i) The accused is entitled to get a copy of the First Information report at an earlier stage as prescribed under Section 207 of the Cr.P.C. (ii) An accused who has reasons 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/parokar 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 Cr.P.C.
(iv) The copies of FIR, unless reasons recorded regard being had to the nature of the offence that the same is sensitive in nature, should be uploaded on the
Himachal Pradesh Police website 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 file 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 H.P. Police shall not be taken by an officer below the rank of Deputy Superintendent of
Police and that too by way of a speaking order. A
decision so taken by the Deputy Superintendent of Police
shall also be duly communicated to the Area magistrate.
(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, a person grieved by the said
action, after disclosing his identity, can submit a
representation with the Superintendent of Police 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 grieved
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 FIR regard being had to the sensitive
nature of the case, it will be open to the accused/his
authorized representative/parokar 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
quite 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 H.P.
Police shall be given effect from 26.01.2015.
Democracy expects openness and openness is a
concomitant of a free society and sunlight is the best disinfectant.
It cannot be disputed that ordinary rule is that secrecy must be an
exception, justifiable only when it is demanded by the requirement
of public interest.
2. These observations are being made in context of the
present petition which seeks quashment of FIR No. 145 of 2014,
dated 29.11.2014, registered under Sections 447 and 341 of the
Indian Penal Code (for short ‘IPC’), registered at Police Station East,
Chhota Shimla. However, the copy of the FIR has not been placed
on record. In response to the query as to why the copy of FIR has
not been placed on record, the petitioner, who is present in
person, has stated that he is senior citizen of 70 years of age and
retired as Assistant Commissioner from the Department of Excise
and Taxation, Himachal Pradesh. Being a respectable person, he is
too scared to go to the Police Station to get a copy of the FIR,
because he may be arrested, since the complainant happens to
be none other, than the Superintendent of Police at Shimla. He
further apprised this Court that he has already applied for the copy
of the same through his counsel on 4.12.2014 under the Right to
Information Act, 2005, but the copy thereof has not been made
Being a public document, the FIR cannot be withheld from public domain and would not only lend credence but would bring transparency in the working of the Police Department in case the same is put in public domain.
In this background, it has become imperative that certain directions be issued. Therefore, taking cue from the judgment passed by the learned Division Bench of Delhi High Court,
the following directions are issued:-
(i) The accused is entitled to get a copy of the First Information report at an earlier stage as prescribed under Section 207 of the Cr.P.C. (ii) An accused who has reasons 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/parokar 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 Cr.P.C.
(iv) The copies of FIR, unless reasons recorded regard being had to the nature of the offence that the same is sensitive in nature, should be uploaded on the
Himachal Pradesh Police website 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 file 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 H.P. Police shall not be taken by an officer below the rank of Deputy Superintendent of
Police and that too by way of a speaking order. A
decision so taken by the Deputy Superintendent of Police
shall also be duly communicated to the Area magistrate.
(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, a person grieved by the said
action, after disclosing his identity, can submit a
representation with the Superintendent of Police 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 grieved
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 FIR regard being had to the sensitive
nature of the case, it will be open to the accused/his
authorized representative/parokar 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
quite 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 H.P.
Police shall be given effect from 26.01.2015.
Democracy expects openness and openness is a
concomitant of a free society and sunlight is the best disinfectant.
It cannot be disputed that ordinary rule is that secrecy must be an
exception, justifiable only when it is demanded by the requirement
of public interest.
2. These observations are being made in context of the
present petition which seeks quashment of FIR No. 145 of 2014,
dated 29.11.2014, registered under Sections 447 and 341 of the
Indian Penal Code (for short ‘IPC’), registered at Police Station East,
Chhota Shimla. However, the copy of the FIR has not been placed
on record. In response to the query as to why the copy of FIR has
not been placed on record, the petitioner, who is present in
person, has stated that he is senior citizen of 70 years of age and
retired as Assistant Commissioner from the Department of Excise
and Taxation, Himachal Pradesh. Being a respectable person, he is
too scared to go to the Police Station to get a copy of the FIR,
because he may be arrested, since the complainant happens to
be none other, than the Superintendent of Police at Shimla. He
further apprised this Court that he has already applied for the copy
of the same through his counsel on 4.12.2014 under the Right to
Information Act, 2005, but the copy thereof has not been made
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