An accused facing a criminal charge can get a copy of the first information report on demand at the time of arrest,the Bombay High Court ruled recently. The court was hearing an anticipatory bail application filed by Mohammed Khalid Shaikh,25,from Pune who faces forgery and cheating charges. An FIR was filed against Shaikh by one Manoj Dixit after two cheques,worth Rs 95,000 and Rs 98,400 respectively,handed over to Dixit by Shaikh and another accused were found to be forged. Shaikh had contended that the police had wrongfully denied him a copy of the FIR filed on December 30,2009. A police officer is also required,in law,to give a certified copy of an FIR to the accused on demand, Justice D G Karnik said in the order. Under provisions of the Criminal Procedure Code only a magistrate gives a copy of the FIR to the accused on demand. Shaikhs argument was that a magistrate has the power to give a copy of the FIR to the accused under the CrPC and it is an established fact that an FIR is a public document. Shaikh argued that under section 76 of the Indian Evidence Act,1872,a public officer in custody of a public document can give a certified copy of the document to a person who wishes to inspect it. He pointed out that since the concerned police officer is the custodian of the FIR he too has the power to grant a copy of the FIR to the accused. An accused defending himself against the charge has the right to a fair trial. He would naturally require a copy to know the allegations against him and the contents in the FIR, Shaikh argued. Additional public prosecutor K V Saste had opposed the grant of FIR to the accused by the police as the accused could also seek copies of witness statements prior to conclusion of investigations as they too are public documents. The court,however,pointed that only the person with the right to examine a public document is allowed access. The evidence act will not cover witness statements since the accused,at the stage of bail,is not allowed to examine witness statements,the court said.
