Accused has right to obtain complaint copy, rules Gujarat High Court

The Gujarat High Court has directed police authorities to provide a copy of a complaint application to a person against whom allegations have been made, observing that an accused has the right to know the nature of allegations levelled against him in order to defend himself.

The order came while hearing a petition filed by a Surat-based individual who was named in a land dispute matter and alleged that police had repeatedly summoned and questioned him without providing details of the complaint filed against him.

According to the petition, the applicant had appeared before officials of the Economic Offences Prevention Branch (EOPB) and Chowk Bazar Police Station in Surat and recorded his statement in connection with a complaint lodged against him.

The petitioner alleged that despite cooperating with the inquiry, he was repeatedly called to the police station and subjected to pressure during the preliminary investigation.

When he sought a copy of the complaint application to understand the allegations made against him, police officials allegedly refused to provide it.

The petitioner argued before the court that without access to the complaint, it was impossible to know the exact allegations, the identity of the complainant, the basis of the accusations or prepare an appropriate defence.

The plea further stated that even an application filed under the Right to Information (RTI) Act seeking a copy of the complaint was rejected by the concerned information officer on the grounds that the matter was under investigation.

The petitioner contended that such denial violated the principles of natural justice as well as the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.

After hearing the matter, the HC directed the Surat EOPB and Chowk Bazar police to furnish a copy of the complaint application filed against the petitioner.

Legal experts said the ruling could have wider implications in cases involving civil disputes such as land transactions, financial disagreements, property matters and business-related conflicts, where police often conduct preliminary inquiries before deciding whether to register a criminal case.

The court also noted that if a complainant deliberately files a false complaint or misleads investigating agencies by making baseless allegations, such conduct could itself attract legal consequences.

Lawyers said the order reinforces the principle that individuals facing allegations must be given a fair opportunity to understand the accusations against them and respond appropriately during the course of an investigation.