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Delhi

'Upload all R-Day cases online, access to charges needed to apply for bail'

Upload all R-Day cases  online, access to charges  needed to apply for bail
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New Delhi: FIRs related to persons allegedly involved in the Republic Day violence shall be uploaded online so that the representatives of the accused persons "don't have to run from pillar to post" to obtain a copy of the same in order to enable them to avail their legal remedies, a Delhi court observed on Tuesday while calling for a report from police as to why an FIR naming the accused has not been uploaded yet on its website.

Metropolitan Magistrate Abhinav Pandey made these observations while hearing a petition moved by one Deepak, hailing from Haryana, who claimed that he had been arrested by the Delhi Police in connection with an FIR lodged at Nangloi Police Station on January 26 and has not received a copy of the FIR and other documents related to his arrest up till yet.

In his petition, he sought directions from the court to provide him the relevant documents in order to pursue his legal remedies in accordance with the law. The accused alleged that his fundamental rights were violated as he did not receive an FIR copy, arrest memo, remand application and remand order.

In his order, MM Pandey noted that as per Section 154(2) of CrPC, the copy of the First Information Report (FIR) is to be provided forthwith, free of cost, to the informant/complainant. Further, the court noted: "There is no specific provision to supply the FIR or any portion of the police report to the accused before filing of the chargesheet, as all these documents are the constituent elements of the chargesheet itself".

However, the court noted that, "in order to plead effectively for bail before the court, the accused needs to know the substance of allegations against him, alongwith the prima facie basis of such allegations, and therefore, supply of copy of FIR to such an accused is a necessary element of natural justice and fair trial".

Enumerating various judgements, upholding the right of an accused to get a copy of an FIR, the court said," In the present case, this court has not received any communication from the DCP concerned by way of a speaking order as to why the copy of FIR No. 44/21 lodged on January 26 cannot be uploaded on the website of Delhi Police.

The judge said that representation for supply of the FIR copy has been made by the accused person to the SHO of Nangloi Police Station on February 5, "but allegedly the same has not been supplied".

Regarding the supply of other documents such as arrest memo, remand order and remand application, the court said that police is justified to not supply a copy of the same to the accused at this stage as it would virtually amount to "ignorance of, and subversion of the provisions of Section 207 CrPC, which envisages the supply of copy of chargesheet containing all these document, to the accused only after cognizance upon the police report...".

Ordering an explanation from the SHO and DCP concerned on whether the FIR copy has been uploaded on the Delhi Police website, MM Pandey said that all FIRs relating to the R-Day violence, registered at Nangloi police station, except where any reasons have been communicated to the court for not doing the same, the guidelines laid down by the Delhi HC, saying that FIRs shall be uploaded online, should be adhered to.

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