Delhi High Court
Narendra Sharma vs State & Ors. on 29 June, 2020
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 29.06.2020
+ W.P.(CRL) 976/2020
NARENDRA SHARMA ..... Petitioner
Through: Petitioner-in-person.
versus
STATE & ORS. ..... Respondents
Through: Mr. Rahul Mehra, Standing Counsel
(Crl.) with Mr. Chaitanya Gosain,
Adv. for GNCTD/Delhi Police.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
D.N. PATEL, Chief Justice (Oral)
Proceedings of the matter have been conducted through video
conferencing.
1. This Public Interest Litigation has been preferred with the following
prayers:-
"a) the respondents to prepare mechanism for strict
compliance for uploading the copy of the FIR being registered
by them in their respective police stations within 24 hours from
lodging of the same.
b) Pass any such other or further order(s) which this Hon'ble
Court may deem fit and proper in the facts and circumstances
of the case in the light of the above averments and in the
interest of justice."
2. Having heard the petitioner in person and the counsel for the
respondent - State, it appears that the petitioner, who is an Advocate, had
applied for a copy of the FIR, as stated in this writ petition, to Police Station
Fatehpur Beri, New Delhi as the same was not uploaded in terms of decision
given by this Court in W.P.(Crl.) No.468/2010 reported in 2010 (175) DLT
110.
3. Learned counsel for the respondent - State submitted that pursuant to
aforesaid judgment, Circular No.4/2011 dated 20.01.2011 has already been
issued. Certain exceptions have also been carved out for cases of sensitive
nature in the judgment of this Court. Thereafter, vide a decision propounded
by Hon'ble the Supreme Court on 07.09.2016, in W.P.(Crl.) No.68/2016, the
directions of this Court have been reiterated by Hon'ble the Supreme Court.
It is further submitted by Mr. Rahul Mehra that as per the aforesaid
judgment of the Hon'ble Supreme Court, if the FIR is not uploaded on the
Police website on the ground that information is of sensitive nature, the
person can submit a representation to Superintendent of
Police/Commissioner of Police and decision is taken by such Officers of
Police department accordingly.
4. It is further submitted by Mr. Rahul Mehra, learned Standing Counsel
(Crl.) that whenever such powers are being exercised by the ACP in Delhi
regarding not uploading the FIR, immediate information is being given to
the area Magistrate. There is also a High Powered Committee of multi
members, constituted by the Commissioner of Police before which this
petitioner could have ventilated his grievances, which this petitioner has not
availed.
5. In view of the aforesaid submissions and also looking to the fact that
the rule has its own exceptions, and also looking to the fact that the
exceptions have been carved out by Hon'ble the Supreme Court, by a later
judgment passed in W.P.(Crl.) No.68/2016 dated 07.09.2016 reported as
2016 (9) SCC 473, now the powers to take decision not to upload the FIR, is
vested with high ranking administrative officers in the Police Department.
Even otherwise also, copy of the FIR is to be sent to the concerned
Magistrate as per the provisions of Section 157 of Cr.P.C., 1973.
6. In view of these facts and the provisions of law, we see no reason to
entertain this writ petition at this stage. For any individual grievance, the
petitioner is at liberty to take other remedies in accordance with law.
7. The petition is disposed of with these observations.
CHIEF JUSTICE
PRATEEK JALAN, J
JUNE 29, 2020
kks
