- (1.) By the petition, the petitioners seek a writ of mandamus commanding the State of Uttar Pradesh to upload each and every First Information Report FIR lodged in all the Police Stations across the State on the official website of the State Police - uppolice.gov.in as early as possible and preferably within twenty four hours from the time of lodging. A direction is also sought to the Elaka Magistrates and the Police Stations in the State to ascertain that the certified copy of the FIR is supplied to the accused or to his representative, pairokar or agent expeditiously and preferably within twenty four hours of the application being made in that regard.
(2.) A similar issue engaged the attention of the Delhi High Court in Court on its own motion v. State. Writ Petition (Crl.) No. 468 of 2010. The Delhi High Court in its judgment dated 6 December 2010 took on record a mechanism which was proposed by the Additional Solicitor General for supply of copies of FIRs. Eventually, the following directions were issued: "(A) An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C. (B) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative/agent/parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the court. On such application being made, the copy shall be supplied within twenty-four hours. (C) Once the First Information Report 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 aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C. (D) The copies of the FIR, unless reasons recorded regard being had to the nature of the offence that the same is sensitive in nature, should be uploaded on the Delhi Police website within twenty-four hours of 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. (E) The decision not to upload the copy of the FIR on the website of Delhi Police shall not be taken by an officer below the rank of Deputy Commissioner of Police and that too by way of a speaking order. A decision so taken by the Deputy Commissioner of Police shall also be duly communicated to the Area magistrate. (F) The word 'sensitive' apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy regard being had to the nature of the FIR. (G) In case a 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 Commissioner of Police who shall constitute a committee of three high officers and the committee shall deal with the said grievance within three days from the date of receipt of the representation and communicate it to the grieved person. (H) The Commissioner of Police shall constitute the committee within eight weeks from today. (I) In cases wherein decisions have been taken not to give copies of the FIR regard being had to the sensitive nature of the case, it will be open to the accused/his authorised representative/parokar to file an application for grant of certified copy before the court to which the FIR has been sent and the same shall be provided in quite promptitude by the concerned court not beyond three days of the submission of the application. (J) The directions for uploading the FIR on the website of the Delhi Police shall be given effect from 1st February, 2011."
(3.) The judgment of the Delhi High Court was subsequently followed by a learned Single Judge of the Himachal Pradesh High Court on 19 December 2014 in Cr.MMO No. 276 of 2014.;