Chhattisgarh High Court: Refusal to provide a copy of the first information report is only permissible under tense situations

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In ‘Titash Banik vs State of Chhattisgarh’ Justice Goutam Bhaduri held that police officials are duty bound to provide a person with an FIR (First Information Report) copy, even if the same has already been provided to the magistrate. The high court was moved by the petitioner in the above mentioned case claiming that the police officials had refused to provide him with a copy of the FIR on the contention that the same had already been provided to the magistrate.

The court observed that the refusal on part of the police to provide an individual with a copy of the FIR, would amount to a violation under article 21 of the Indian Constitution.  The court observed that “The submission made by the State that the petitioner can avail a copy of the FIR from the concerned Magistrate cannot be appreciated and thereby the police authorities can be absolved of their duties against the observation of Supreme Court and and police officers would be under the duty to provide the FIR if applied for as per the direction issued by the Supreme Court and any violation would sounds in contempt,”.The court reiterated its decision in Youth Bar Association wherein it had issued guidelines pertaining to first information reports.

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