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Shree. ( Advocate.)     18 December 2011

First information report?certified copy

Dear All,


                I had filed an copy application to obtain a First Information Report by a Third Party Affidavit and also with the Copy Application before the Hon'ble Special Judge for Prevention of Corruption Act.Reqirement of the FIR is for the purpose of filing intervening application against the Accused.(Accused is an Inspector of POLICE)The Third Party is not the defacto complainant in this case and the third party is an affected party by the Accused(Prior to the registration of the case)Third Party had prepared to file an Intervening/Objection Petition against the Bail filed by the Inspector.The Third party being an affected party also needs the FIR for the purpose of filing Private complaint u/s 200 CR.P.C.

But the Spl.Judge had rejected that FIR certified copy would not be granted.I am well aware that FIR is a Public Document according to Indian Evidence act and also Criminal Rules of Practice Sec339 clearly says any paying the court fees may be entitled to receive the certified copy.and several citations are there regarding FIR is an Public Document.

Wheather the Order passed by the Special Judge is right ?If any knows that there is any citation regarding that FIR cannot be given to third Party under Prevention of Corruption Act?

Rds,

Adv.Shree



Learning

 2 Replies

Arvind Singh Chauhan (advocate)     18 December 2011

You are quite right. He can't do so. Obtain the rejection order and complain to DJ and High court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 December 2011

FIR is a public document.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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