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FIR must be made public: Himachal Pradesh High Court

The court also set a deadline for the police to enforce the orders from January 26 next year.

By: Express News Service | Shimla |
December 22, 2014 10:33:29 pm

The Himachal Pradesh High Court, in a significant ruling, made it mandatory for the police to post FIRs on its official website within 24 hours of its filing. It also ruled that FIR is a public document and should not be kept out of public domain.

The court also set a deadline for the police to enforce the orders from January 26 next year. The Chief Secretary has been asked to submit a compliance report by January 30, 2015.

Justice Tarlok Singh Chauhan passed the orders on a petition filed by a senior citizen who was recently booked in a case but was never given copy of the FIR, registered at Chhota Shimla police station. The petitioner appeared in person in the court to complain against the police.

The court, made it amply clear that the accused was entitled to get a copy of the First Information report at an earlier stage as prescribed under Section 207 of the Cr.P.C.

“Once the FIR 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 court ordered
Justice Chauhan said “The copies of FIR, unless reasons recorded that the offence is sensitive in nature, should be uploaded on the Himachal Pradesh Police website within 24 hours after 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”.

The court said “The decision not to upload the copy of the FIR on the website 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 DSP shall also be duly communicated to the Area magistrate.”

If the 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 to deal with the said grievance within three days from the date of receipt of the representation and communicate it to the grieved person, the

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