Legal provisions involved: Section 109(1) Bharatiya Nyaya Sanhita, 2023
Judgement by: Allahabad High Court
Judge/Bench: Justice Abdul Moin and Justice Babita Rani
Facts
An incident of firing took place inside a residential school on 31 October 2025. Based on CCTV footage, the police traced a white car and reached the petitioner’s premises, where three white cars were found and locked by the police. Later, an FIR was registered on 3 November 2025 after the school manager agreed to lodge a complaint. The petitioner approached the High Court seeking a copy of the FIR, unlocking of the cars, and protection from police harassment.
Key legal provisions
Section 109(1) Bharatiya Nyaya Sanhita, 2023
Issues raised
- Whether the petitioner was entitled to an immediate copy of the FIR?
- Whether the police were bound to upload the FIR online?
Arguments of the case
The petitioner argued that the FIR should have been uploaded online as per Supreme Court directions. The State argued that the FIR related to a sensitive offence and was exempt from mandatory online publication.
Judgement
The Allahabad High Court held that FIRs in sensitive offence cases are not required to be mandatorily uploaded online. It directed the petitioner to follow the statutory mechanism by applying to the Superintendent or Commissioner of Police, who would decide whether she is an “aggrieved person” entitled to receive the FIR copy.
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