IN RE: MUTHUSAMY Vs. STATE

JUDGEMENT

(1.) This miscellaneous petition by the petitioner-accused is to direct the Sessions Judge, Madurai, to grant a copy of the First Information Report in R. C. No. 3/1980 C.B.I., S.P.E., Madras. An application was made to that effect before the Court of Sessions Judge, Madurai and the learned Sessions Judge passed the following cryptic order.

(2.) S. 50 of the Code runs thus :

(3.) A reference to S. 207 of the present Code very clearly indicates that the Magistrate shall without delay furnish copies to the accused free of cost where the proceedings have been instituted on a police report. That will indicate that the accused will be entitled to the first information report under S. 154 only after the commencement of the proceedings before the Magistrate. Further, it should be noted that under S. 154(3) of the Code, a copy of the information furnished under S. 154(1) is given free of cost to the informant. Learned Counsel for the petitioner, pointed out that when a copy of F.I.R. is given free of cost to the informant, there is no reason to withhold it from the accused. Yet, this very Section is relied on by the learned Public Prosecutor to indicate that by implication S. 154 clearly prohibits the accused getting a copy of the information furnished under S. 154, at that stage. Considering Ss. 154. 157, 50 and 207, of the Code, I feel that the entire scheme of the Act is that the investigation into an offence should necessarily be kept confidential and that copies to the accused could be furnished only after the charge-sheet is filed. On that view, the petitioner will not be entitled to grant of copies at this stage. Petition dismissed.