Thursday, March 4, 2010

Police can't deny accused FIR copy: Bombay high court

Mumbai: In a significant order passed on Thursday, the Bombay high court has ruled that a person facing a criminal charge should be given a copy of the first information report (FIR) by the police at the time of arrest if he asks for it.

Under the current provisions of the Criminal Procedure Code (CrPC), only a magistrate can give a copy of the FIR to the accused.
This procedure, which prevents the accused from planning his defence before he or she is produced before a magistrate for remand, was contested in an anticipatory bail application filed by Mohammed Khalid Shaikh from Pune, who is facing charges of forgery and cheating.
Shaikh contended that the police had wrongfully denied him a copy of the FIR, dated December 30 last year, filed by one Manoj Dixit after two cheques, worth Rs95,000 and Rs98,400, given to him by Shaikh were found to be forged.

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