HAMIDABEN I PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Gohil, Ld.APP waives service of rule for respondent No.1. With the consent of parties, matter is taken up for final hearing today. The petitioner-party in person is also a press reporter of weekly newspaper, namely, Crime Thriller?. It is the case of the petitioner that as a press reporter she wanted to get certain information in connection with C.R.No.I-509/04 registered with the Ellisbridge Police Station. It is the case of the petitioner that the petitioner initially approached the respondent No.4-P.I of Ellisbridge and thereafter she has also received a threat on her mobile from one Mr.Gopal Shetty and she has been warned not to inquire further in connection with the said complaint. It may be recorded that the charge sheet is also filed by the police in connection with the aforesaid CR No.I-509/04 of Ellisbridge Police Station. As per the petitioner, she is desirous to have papers of charge sheet for reporting in the press. As per the petitioner, after having received the threat the petitioner has also filed the complaint vide CR No.3123/05 with the Karanj police station and the petitioner has submitted that thereafter no proper action is taken and she has also submitted an application to the Police Commissioner, Ahmedabad city-respondent No.3 herein for providing police protection. The petitioner apprehends that she being lady press reporter if immediate action is not taken by the police for providing police protection her safety may not be maintained and therefore this petition.

(2.) I have heard the petitioner who has appeared as party in person and I also have heard Mr.Gohil, Ld.APP for respondent-State. Mr.Gohil, Ld.APP, at the outset, submitted that so far as the papers of charge sheet are concerned, same are already submitted in the court and therefore the petitioner can get the copy if it is so directed to the court where the matter is pending. Mr.Gohil submitted that as such for providing police protection, if appropriate direction is issued by this court, same will be inquired into and the Police Commissioner. Ahmedabad city shall take necessary steps in this regard. He also submitted that a FIR is registered for the threat received by the petitioner vide CR No.3123/05 with Karanj Police Station and the investigation will be made in accordance with law.

(3.) Having considered the above, it appears that so far as giving copy of FIR and papers of charge sheet is concerned, since the matter is already filed in the court and as the petitioner is desirous to make use of the papers of the charge sheet for bonafide purpose as a press reporter, she can apply to the concerned court before whom the matter is pending. As such, in normal circumstances, parties to the proceedings would be entitled to get copy of the court record. However, as the present case is pertaining to the criminal prosecution and when the papers are already submitted in the court by police with the charge sheet, if the certified copies of said papers are supplied to the petitioner on payment necessary charges, no serious prejudice would be caused to either party. The only condition which the court may impose while supplying the copy of charge sheet is to give undertaking to the court that the same will be used only for bonafide purpose of the press reporter and no undue benefit shall be taken by the petitioner in the capacity as press reporter.