Delhi Court Orders Police To Provide FIR Copy To Accused In Chief Minister Attack Case

A Delhi Court today directed the Delhi Police to provide a copy of FIR to the accused in relation to Chief Minister Rekha Gupta attack case.

Judicial Magistrate First Class Gaurav Goyal of Tis Hazari Courts allowed the application filed by accused Rajesh Bhai Khimji Bhai Sakariya and directed the concerned investigating officer to supply a copy of the FIR to him within 24 hours.

The judge however directed Sakariya not to publish, circulate or disseminate the contents of the FIR in public domain or to any third party without judicial permission.

The FIR was registered on August 20 against Sakariya, on the allegations of attempt to murder of the Chief Minister at her camp office in north Delhi's Civil Lines area.

The counsel appearing for Sakariya submitted that the copy of the FIR in question was not supplied yet.

In the reply, the concerned IO stated that the FIR is declared sensitive by order of the DCP, North District. It was prayed that Sakariya's application be dismissed on the grounds of being premature and not maintainable.

The SPP submitted that where the case has been marked as sensitive, copy of FIR is not provided to the accused and on refusal to supply the copy of FIR, the accused can make a representation to review committee as constituted by Commissioner of Delhi Police.

The SPP then submitted that copy of FIR can be supplied to the accused, provided the accused gives an undertaking to not to use the FIR except for legal purposes and shall also not publish, circulate the same in public domain.

Allowing the plea, the judge relied upon various judgments on the issue and said that the copy of FIR should be supplied to Sakariya.

“In view thereof, the instant application is allowed and IO concerned is directed to supply the copy of FIR, within 24 hours against due acknowledgment. Application stands disposed off. Accused is also directed to not to publish, circulate or disseminate the contents of the FIR in public domain or to any third party without the permission of this court,” the Court ordered.

Counsel for State: Pradeep Rana, Ld. SPP, alongwith Advocate Gagan Bhatnagar

Counsel for Accused: Advocate Pradeep Khatri