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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     02 October 2020

Written complaint along with fir

Is it mandatory for the police to send the written complaint along with the FIR to the magistrate or only a copy of FIR is sufficient. 



 4 Replies

Nida Khatri   02 October 2020

the original fir has to be sent

Dr J C Vashista (Lawyer)     03 October 2020

Only copy of FIR is required to be submitted,  which is basis of written complaint.

What is the exact dispute/ issue / problem ?

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     03 October 2020

An accused is not entitled for Neither FIR Nor a complaint though the Recent decision of supreme court says that the copy of FIR and complaint can be given to accused on cost but is hardly exercised. 

so how to get the copy of the complaint from court officially from the court before filing of charge sheet.

Dr J C Vashista (Lawyer)     04 October 2020

Apply to concerned court u/s 207 CrPC which reads as under:

 

Section 207 in The Code Of Criminal Procedure, 1973

207. Supply to the accused of copy of police report and other documents. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-

(i) the police report;

(ii) the first information report recorded under section 154;

(iii) the statements recorded under sub- section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub- section (6) of section 173;

(iv) the confessions and statements, if any, recorded under section 164;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub- section (5) of section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.


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