Case Note & Summary
The petitioner, Kaushal Madan Lal Khanna, filed a criminal writ petition before the Bombay High Court at Goa challenging the failure of the respondent police to furnish a copy of the First Information Report (FIR) within 24 hours of its registration, despite his request. The petitioner sought a direction to the respondents to provide the FIR copy. During the hearing, the learned Public Prosecutor submitted that attempts were made to deliver the copy but the petitioner was not found at the given address. However, the copy was furnished to the petitioner's advocate during the proceedings. The court noted that the grievance regarding non-supply of the FIR copy no longer survived. However, the court referred to the Supreme Court's judgment in Youth Bar Association of India v. Union of India, Writ Petition (Criminal) No. 68 of 2016, decided on 7.9.2016, which issued directions at paragraph 12. The Supreme Court directed that a copy of the FIR shall be furnished to the person concerned free of cost within 24 hours of registration. The High Court, while disposing of the petition, directed the respondents to strictly comply with the directions issued by the Supreme Court in the said case. The petition was disposed of with no order as to costs.
Headnote
A) Criminal Procedure Code - Right to Copy of FIR - Section 154 CrPC - The petitioner complained that the police failed to furnish a copy of the FIR within 24 hours despite request. The court, relying on the Supreme Court's directions in Youth Bar Association of India v. Union of India, held that the police must provide a free copy of the FIR to the person concerned within 24 hours of registration. Since the copy was furnished during proceedings, the grievance did not survive, but the court directed strict compliance with the Supreme Court's directions. (Paras 4-6)
Issue of Consideration
Whether the police are obligated to furnish a copy of the FIR to the person concerned within 24 hours of registration, and whether failure to do so violates the right under Section 154 CrPC.
Final Decision
The petition is disposed of as the grievance regarding non-supply of FIR copy does not survive. The respondents are directed to strictly comply with the directions issued by the Supreme Court in Youth Bar Association of India v. Union of India.
Law Points
- Right to receive copy of FIR under Section 154 CrPC
- Duty of police to provide free copy within 24 hours
- Directions in Youth Bar Association of India v. Union of India
