Kerala HC directs Police to maintain Typewritten versions of FIR, FIS in criminal cases [Read Order]

In order to ensure that legible records are made available for easy reference, the Kerala High Court has directed the State Police to maintain typewritten versions of First Information Statements (FIS), First Information Reports (FIR) and allied documents in criminal cases..To this end, Justice Alexander Thomas has directed as follows:.Immediately after recording the FIS in the handwriting of the police official concerned, it shall be ensure that a typewritten copy of the FIS is also maintained and sufficient copies of the same shall be kept in the CD file, so that it could easily be given to the courts concerned, to the prosecutor concerned and it could also be produced as and when required in the courts.Copies of FIR, FIS, legible typewritten copy of FIS should be produced along with memos of the Prosecutor in all anticipatory bail applications file before this CourtCopies of FIR, FIS, legible typewritten copy of the FIS and copy of the remand report should be filed along with memo of the prosecutor concerned in all regular bail applications filed before this Court..Allied directions have also been issued with respect to cases where persons not initially arrayed as accused in an FIR are later added to the list of accused on account of additional statements made to the Magistrate under Section 164 of the Code of Criminal Procedure (CrPC). In such cases, the Court has directed,.“… the Public Prosector will also ensure that a copy as well as the legible typewritten version of such statement is also made available at least for the perusal of this Court in anticipatory bail applications and regular bail applications, so that it wil be quite easy of the Court to understand as to on what basis such a person has been newly arrayed as an accused in the crime, even though it was not initially named as an accused in the FIR. [sic]”.While issuing the above directions, the Court also noted that the original handwritten FIS should continue to be preserved..“Needless to say, the original of the FIS could continue to be in handwritten form.”.The State Police Chief has also been directed to issue a Circular directing all the Police Stations, including the Crime Branch department, to implement these measures..Justice Thomas passed the order while declining to grant anticipatory bail in a case involving robbery charges. The pre-arrest bail sought for was denied on finding that the offences involved were very serious and grave and that the Court’s intervention at this stage may disrupt the effective investigation of the crime..However, the facts of the case also prompted Justice Thomas to take note of frequent lapses by the police in complying with the mandatory procedure to ensure that the accused were made aware of their status in a criminal case..“Before parting with this case, it is observed that in cases like this, many a time the parties are not aware about the exact accused status assigned to them.”.In the instant case, the accused were arrayed differently at an earlier stage of the investigation. It was also noted that the petitioner-accused before the Court were not even given a copy of the FIR and FIS..Referring to the Supreme Court’s directions in the case of Youth Bar Association of India v. Union of India and another, and the Kerala High Court decision in Jiju Lukose v State of Kerala, the Court noted,.“Occasions of this nature occur quite frequently even though directions have been issued by the Apex Court and various High Courts including this Court that it is the bounden duty of the police authorities concerned to furnish authentic copy of the FIR to the accused persons as it is the bounden obligation of the police authorities concerned to notify the accused persons as to the nature of the allegations raised against them at the time of registration of the crime…. .….It has been brought to the notice of this Court that through initially the State Police had complied with the above said directions of the Apex Court by uploading the FIR in the webite etc., later, may a time the contents of such FIR could not be seen in the website….”.The Court pointed out that in several cases, the failure to furnish copies of the FIR, FIS etc. to the accused, result in unnecessary adjournments. While examining this issue, the Judge also highlighted that such handwritten statements are often illegible and difficult to read, leading to unnecessary wastage of time in trying to understant real contents of the FIS, FIR etc..To resolve these issues, the Court has now issued the above directions so as to make it easy for the Court to understand the contents of the handwritten documents furnished..The State Police Chief has been directed to take necessary steps to implement the newly issued directions without further delay. The Court has also ordered that a compliance report be filed, which should also detail the steps taken to comply with the Supreme Court’s directions in the Youth Bar Association case with respect to uploading FIRs online..[Read Order]