KHACHER MAL AGRAWAL Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) B. M. Lal, J. Petitioner Khacher Mal Agrawal seeks an order, direction or writ in the nature of certiorari quashing the F. I. R. dated 25. 4. 93 (contained in Annexure 7 to the writ petition) whereby Case Crime No. 124 of 93, under Section 406, I. P. C. has been registered at Police Station Sadabad against the petitioner.

(2.) ON 20. 5. 93 petitioner's arrest was stayed. This petition was listed for hearing on 29. 10. 93 on which date an objection was raised as to from which source the petitioner procured copy of the F. I. R. Sri Goswami, learned senior counsel repre senting the petitioner made a statement at the Bar that the copy of the F. I. R. has been obtained from the Court. Upon this state ment the petitioner was directed to file his affidavit disclosing the source from which the copy of F. I. R. was obtained.

(3.) INDEED copy of the F. I. R. is not a privileged document as, soon after lodging of the F. I. R. in cognizable offences, the of ficer Incharge of Police Station concerned is required to send a report forthwith to the Magistrate empowered to take cognizance of the offence and thus when the copy of the F. I. R. is transmitted to the concerned Court, its certified copy can certainly be obtained from the Court. But in the instant case the petitioner could not dare to make statement on oath that he has legally obtained certified copy of the F. I. R. from the Court which is annexed as annexure to the writ petition.