State of Chattisgarh
(2016, SCC online Chh 1623, decided on 23.12.2016)
A FIR was registered against the Petitioner under the prevention of corruption Act 1988. The Petitioner applied for the copy of the FIR through Representative Advocate after the payment of challan and it was stated that the requisition was made to challenge the registration of FIR. The said application was neither allowed nor rejected rather it was shelved as such there was a deemed refusal. When the application was sent to Magistrate only when the photocopy of the FIR was given without any authenticity of the same.
ISSUE BEFORE THE COURT
- Whether the deemed refusal violated Article 21 of the Constitution of India as it infringed the right to defend the petitioner for the alleged offence.
- Whether the police act according to the constitution?
It cannot be appreciated that the petitioner can avail a copy of FIR from the concerned Magistrate and thereby the police authorities can be absolved from their duties. According to prior observation of Supreme Court police officer would be under the duty to provide the FIR if applied for. It was also observed in case 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 Constitution states that one person cannot be denied to get a certified copy of the FIR from the police authorities under Article 21 of the Constitution of India.