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Home > Experts > Criminal Law > USE RTI TO POLICE FOR GENREL DAIRY



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USE RTI TO POLICE FOR GENREL DAIRY (Criminal Law)

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This query is : Resolved


Author : GIRISH AGRAWAL

Posted On 23 February 2010 at 14:37

RESPECTED EXPERTS....!!!!

I FILED RTI TO POLICE FOR GIVE ME A COPY OF GENERAL DAIRY RELATED MY WRITTEN COMPLAIN.

BUT POLICE DOES NOT GIVE ME COPY OF GENERAL DAIRY. HE SAID THAT THE GENREL DAIRY HAS BEEN A CONFIDANTIAL DOCUMENTS.

(PLEASE NOTE -I WANT TO DAILY GENERAL DAIRY NOT A CASE DAIRY )

WHAT CAN I DU ?


GIRISH AGRAWAL






Expert : ajitabh acharya

Posted On 23 February 2010 at 15:23

The right word is CASE DIARY not GENERAL DAIRY...... you can't take the copy of case diary... its not public document.......you can get the free copy of FIR soon after registration of FIR and when charge sheet'll file in court then you can get the copy of challan papers. but not the case diary.
Even advocate of accused has no right to see or get the copy of case diary....only prosecutor have the right to see and get the copy of case diary. when charge sheet has been filed in court then all relevant evidence prodused before the court under section 173 Cr.P.C. EXCEPT case diary.



Expert : ajitabh acharya

Posted On 23 February 2010 at 15:29

in Code Of Criminal Procedure
section 172. Diary of proceeding in investigation.


(1) Every police officer making an investigation under this Chapter shall day by day enter his proceeding in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.

(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.

(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the court; but, if they, are used by the police officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply.




Author : GIRISH AGRAWAL

Posted On 23 February 2010 at 15:31

THNKS FOR YOUR ANSWER MR ACHARYA..


I Know that the CASE DAIRY is not a public document........But I want to copy of DAILY GENREL DAIRY which has maintained daily to all police stations....



Expert : ajitabh acharya

Posted On 23 February 2010 at 15:36

ok...I am sorry.. some ammendment in my answer.... definately....copy of case diary not available but...As per Cr. PC, Police Station is required to record an abstract of such complaint in the General Diary and advise the complainant to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court. A copy of the entry made in the General Diary may be provided to the complainant free of cost

general diary is not at all confidential document... if concerning police officials not giving you the same .. you can complaing to S.P or other senior police officials in that regard.
thanks....



Author : GIRISH AGRAWAL

Posted On 23 February 2010 at 15:39

THANKS FOR YOUR VALUBLE ADVOICE MR ACHARYA..



Expert : N.K.Assumi

Posted On 23 February 2010 at 16:35

For complete understanding of this issue refer the classic observations of the Supreme Court Judgment in State of 1999-(003) Crimes- 0027-SC.



Author : GIRISH AGRAWAL

Posted On 23 February 2010 at 20:28

MR Assumi Thanks for ur Reply


Res Sir I can't serch citation in sc cite
1999-(003) Crimes- 0027-SC

So Please send me complete citaion in my mail
girish2141@gmail.com



Expert : Feroz M Shafeeque

Posted On 23 February 2010 at 21:55

Entries in General Diary is not exempted under RTI Act. The SHO is bound to give copy or extract of General Diary entry if application is made even not under RTI Act.
General diary extracts are given daily to applicants, especially, involved in vehicle accidents (without bodily hurt) to claim insurance, loss of id cards, sim cards etc.


As you have made application under RTI Act, after getting the rejection letter file appeal to the appellate authority of SHO as specified by the state govt. within 30 days. As per RTI Act, the whereabouts of the appellate authority should be mentioned in the rejection letter itself.



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