COPY OF FIR a matter right of accused. BUT still it is being denied…

COPY OF FIR  a matter of right...

BUT still it is being denied…

             Copy of getting FIR is a matter of right as far as an accused is concerned. The basic principle of law need to be established again and again for enforcing it in lower courts. Obviously, on various occasions the Court of the land held so. But some isolated incidents in which some Courts said, the copy of the documents, particularly Crpc 164 statement cannot be given to the accused at the investigation stage.(Varghese M U V. CBI 2015 3 KHC 417). It has been held that except remand report, no other documents need to be given to the accused and it is not a matter of right.

             Let it be so. But can even the FIR be denied to the accused for enabling him to file anticipatory bail ? On the basis of the above said Judgment of High Court of Kerala, some of the Judicial Magistrate Courts denies even the FIR to accused. The said issue need to be viewed seriously in the light of the Judgment of the Supreme Court in Youth Bar Association of India V. Union of India (2016 4 KHC 838). It is specifically directed in Youth Bar Association case, to upload the FIRs in the web site of police within a time frame. Though the exception is given to sensitive cases including POCSO and other sexual offences, the concerned FIR can be obtained from Magistrate Court or from higher police authorities on application by the legal representative.

             Be that it so, how can the Magistrate courts deny the application for copy of FIR pointing out the judgment in Varghese M V case. This script is on the basis of specific incident from one such court !

Sherry