CHANNAPPA ANDANAPPA Vs. STATE

JUDGEMENT

(1.) This Revision is directed against the order dated 22-9-1979 made by the Taluk Executive Magistrate, Ron, in No. MAG SR.6/79 on the file of his Court refusing to give certified copy of the F.I.R.

(2.) The petitioners were arrested by the Police on the allegation that they were involved in some crime over a dispute of possession of land and produced before the Taluka Executive Magistrate. The Taluka Executive Magistrate ordered to release them on bail. Petitioner No. 7 Veerappa Hanumareddy Halli, asked the Magistrate to furnish him the certified copy of the report given by the Police. He made an application to that effect and deposited Rs. 21 towards the cost of the copy. The learned Taluka Executive Magistrate refused to give the copy applied on the ground it was not a public document, the petitioners have filed this revision.

(3.) The F. I. R. being a record of the acts of the public officers prepared in discharge of the official duty is such a public document as defined under S. 74 of the Evidence Act. Under S. 76 of the Evidence Act every public officer having the custody of a public document, which any person has a right to inspect is bound to give such person on demand a copy of it on payment of the legal fees therefor. The petitioner No. 7 who applied having been produced before the Magistrate with the report of the Police, the Taluka Executive Magistrate was legally bound to give the copy asked for by him. He had no authority to refuse it. The refusal, therefore, is illegal, and reprehensible. The order of the Taluka Executive Magistrate refusing to give the copy is set aside and it is directed the copy shall be given to petitioner No. 7, who had applied for it, on payment of legal fees.