AJAY JAGGA Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner is a practicing advocate who has brought the present Public Interest Litigation to seek directions against the respondents to upload copy of the FIR on the official website of the respondents immediately after it is registered and provide a copy of the FIR to the named accused immediately on an application moved to the concerned Police Station or the concerned Trial Court, as the case may be. In order to strengthen his prayer, reliance has been placed upon Articles 21 and 22 of the Constitution of India, which reads as under:-

(2.) He further submitted that the FIR is registered in terms of Section 154 of the Code of Criminal Procedure, 1973 [hereinafter referred to as the "Cr.P.C."] but the copy thereof is given in terms of Section 207 of Cr.P.C., which stage came at a very belated point. He further submitted that copy of the FIR is a public document in terms of Sections 74 and 76 of the Indian Evidence Act, 1872 and has further relied upon a Division Bench judgment of the Delhi High Court in the case of Court on its Own Motion through Ajay Chaudhary v. State, 2011 5 RCR(Cri) 250 : W.P. (Crl.) No.468/2010, decided on 06.12.2010, and a Division Bench judgment of the Orissa High Court in the case of Arun Kumar Budhia v. State of Orissa and another, W.P. (Crl.) No.1096 of 2011, decided on 05.10.2012, in which certain directions have been given.

(3.) After notice, reply has been filed only by respondent No.2, whereas counsel for respondent No.3 has informed the Court that a decision has been taken by the Chandigarh Administration to upload copy of the FIR on the official website of the Chandigarh Police with certain exceptions.