TMI Blog2017 (4) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... rmation Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the Court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C. (d) The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be given effect from 15th November, 2016. - Writ Petition (Crl.) No. 68 of 2016 - - - Dated:- 7-9-2016 - Dipak Misra and C. Nagappan, JJ. Shri Sanpreet Singh Ajmani, Manohar Pratap, Ms. Aastha Vashishth, Peeyush Bhatia, Saurabh Pandey, Ms. Anjali Chauhan, Kuldeep Rai, Aneesh Sharma, Ajit Sharma, Advocates and Ms. Manju Jetley, AOR, for the Petitioner. Shri Tushar Mehta, ASG, Nalin Kohli Edward Belho, AAGs, Ms. Manjula Gupta, Jayant Mohan, B.K. Prasad, Uddayam Mukherjee, Atul Jha, Sandeep Jha, Joydeep Mazumdar, Rohit Dutta, Ms. Reshmi Rea Sinha, K.V. Khaslyngdoh, Subhro Sanyal, Shikhar Garg, Pragyan Sharma, Saurabh Trivedi, Aviral Saxena, Yusuf Khan, Ms. Aruna Mathur, Avneesh Arputham, Ms. Anuradha Arputham for Arputham Aruna Co., Ankit Roy, Lagnesh Mishra, Parikshit Angadi, Ms. Puja Singh, Ms. Aagam Kaur, Ms. K. Enatoli Sema, Amit Kumar Singh, K. Luikang Michael, Elix Gangmei, Anshuman Srivastav, Apoorva Bhumesha, Sunil Fernandes and Nikesh Tyagi, Advocates and Krishnayan Sen, Dharmendra Kumar Sinha, G. Prakash, Parijat Sinha, Ranjan Mukherjee, Rohit K. Singh, Mrs. Anil Katiyar, Saurabh Trivedi, V. N. Raghupathy and Ms. Hemantika Wahi, AORs, for the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kens novel A Tale of Two Cities in which Dr. Manette was incarcerated in the Bastille for 18 years on a mere lettre de cachet of a French aristocrat, although he was innocent. 6. In D.K. Basu v. State of West Bengal - AIR 1997 SC 610 it has been opined that :- The rights inherent in Articles 21 and 22(1) of the Constitution required to be jealously and scrupulously protected. We cannot wish away the problem. Any form of torture of cruel, inhuman or degrading treatment would fall within the inhibition of Article 21 of the Constitution, whether it occurs during investigation, interrogation or otherwise. If the functionaries of the Government become law breakers, it is bound to breed contempt for law and would encourage lawlessness and every man would have the tendency to become law unto himself thereby leading to anarchanism. No civilised nation can permit that to happen. Does a citizen shed off his fundamental right to life, the moment a policeman arrests him? Can the right to life of a citizen be put in abeyance on his arrest? These questions touch the spinal court of human rights jurisprudence. The answer, indeed, has to be an emphatic No . The precious right guaranteed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative/agent/ parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the Court. On such application being made, the copy shall be supplied within twenty-four hours. (c) Once the First Information Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the Court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C. (d) The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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