This single-paragraph order by the Chhattisgarh High Court directed the police to upload pending FIRs on the official website within 24 hours, adhering to Supreme Court guidelines.
Direction to police to upload FIRs on the official website within 24 hours.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 246 of 2022
Kaushlesh Pandey S/o Ramsanehi Pandey, Aged About 32 Years R/o Village Marwa, Police Station Janjgir, District Janjgir Champa Chhattisgarh
---- Petitioner
Versus
3. The Station House Officer, Police Station Janjgir, District Janjgir Champa Chhattisgarh ---- Respondent
For petitioner – Shri S.S. Rajput and Shri Sumit Singh, Advocates. For State- Shri Ajay Kumrani, PL.
Hon'ble Shri Justice Goutam Bhaduri Order
07/03/2022
Heard.
“11.4.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 it is only relatable to connectivity problems due to geographical location.
11.5 The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where District Magistrate has a role, he may also assume the said authority. A decision taken by the concerned police officer or the District Magistrate shall be duly communicated to the jurisdictional Magistrate concerned.
11.6 The word 'sensitive' apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy, regard being had to the nature of the FIR. The examples given with regard to the sensitive cases are absolutely illustrative and are not exhaustive.
11.7 If an FIR is not uploaded, needless to say, it shall not enure per se a ground to obtain the benefit under Section 438 of the Cr.P.C.”
(Goutam Bhaduri)
JUDGE
gouri
2 issues framed by the court
Whether the police are obligated to upload FIRs on their website within 24 hours per Supreme Court directions.
Whether sensitive nature of offences exempts FIR upload and who decides it.
Colour shows how this judgement treated each authority
Youth Bar Association of India Vs. Union of India and anotherFollowed¶13
(2016) 9 SCC 473 · Who else cites this
1 provisions across 1 enactments
Kaushlesh Pandey
State Of Chhattisgarh
Superintendent Of Police, Janjgir
Station House Officer, Police Station Janjgir
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
