Copies of documents in police case in which closure report is filed

[Anonymous]

I was named as accused person in a criminal case. But now that case is closed since the police filed closure report in court. But I have heard that the complainant has filed a protest petition. I want to get copies of the police case since I may be required to defend in the case of protest petition of complainant. What is the procedure for getting copies of the full police case?

[Dr. Ashok Dhamija]

If a charge sheet is filed in a criminal case, the accused gets the copies of the charge sheet and all statements and documents, as a matter of right under the provisions of the Criminal Procedure Code.

However, where a closure report is submitted in a criminal case by the police, there is no specific mention in the Cr.P.C. about giving of such copies to the accused. The Cr.P.C. is silent on this issue.

At the same time, there is no prohibition in Cr.P.C. that copies of closure report and statements / documents cannot be given to the accused where the criminal case is closed.

So, you may try to make a request to the police as well as to the court (where such closure report is submitted) by filing an application for copies of the same. You may show your willingness to pay the legal copying charges. If necessary, you can even try to get these copies from police under the RTI Act.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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