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HC od CHHATTISGARH, BILASPUR

on

2016-12-23
WPRC No 145 of 2016J.Goutam BhanduriSurfaraj vs Anupam DubeyArticle 21 of Constitution

Copy Of FIR Can’t Be Refused Except In Sensitive Cases : In this case, applying the aforesaid principles, the submission made by the State that the petitioner can avail a copy of the FIR from the concerned Magistrate cannot be appreciated and thereby the police authorities can be absolved of their duties against the observation of Supreme Court and police officers would be under the duty to provide the FIR if applied for as per the direction issued by the Supreme Court and any violation would sounds in contempt. It is further observed that even if the copy of FIR has been forwarded to the Magistrate then in such case too, the person seeking copy of FIR cannot be denied. The observation is based on inherent object of Constitution that one person cannot be denied to get a certified copy of the FIR from the police authorities as it would offend the right guaranteed under Article 21 of the Constitution of India. However the exception is carved out like offences of sexual nature, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and other such offences. It is expected that State shall abide by the orders passed by the Supreme Court and upload the FIR in the police website and in absence thereof any official website of the State Government.
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