A Delhi court has directed that a copy of the FIR lodged against Rajesh Bhai Khimji Bhai Sakariya (“Accused/Applicant”) be supplied to him within 24 hours, rejecting the police objection that the case had been marked “sensitive” and hence not fit for disclosure.
The accused, while in judicial custody, had moved an application stating that despite repeated requests, he had not been provided a copy of the FIR registered on August 20, 2025. The prosecution opposed the plea, submitting that the FIR had been declared sensitive by the Deputy Commissioner of Police (DCP) and that disclosure could prejudice investigation.
The State relied on Standing Order and earlier Delhi Police circulars that restrict supply of FIRs in certain categories such as sexual offences, cases involving juveniles, kidnappings for ransom, terrorist cases, matters affecting national security, and other sensitive investigations. The prosecution further submitted that FIR could only be supplied if the accused furnished an undertaking not to misuse or circulate it publicly.
However, the Tis Hazari Court noted that an accused is entitled to receive a copy of the FIR at an earlier stage than Section 207 CrPC[1] prescribes. Rejecting the State’s contention that an undertaking was mandatory, the Court held that supply of FIR copy is a legal right and cannot be denied merely because the case has been marked sensitive.
Judicial Magistrate First Class, Gaurav Goyal allowed the application and directed the Investigating Officer to supply the FIR copy to the accused within 24 hours, against due acknowledgment. However, the accused has been restrained from publishing, circulating, or disseminating the FIR in public domain or to third parties without prior permission of the Court.
Cases Relied On
Youth Bar Association of India v. Union of India, AIR 2016 SC 4136
DK Basu v. State of West Bengal, AIR 1997 SC 610
Appearances
Applicant- Sh. Pradeep Khatri, Ld.
Prosecution- Sh. Pradeep Rana, Ld. SPP for the State alongwith Sh. Gagan Bhatnagar.
[1] Replaced by Section 230 of Bhartiya Nagarik Suraksha Sanhita, 2023
