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Harjeet Singh Kochhar   07 August 2018

Advice on RTI Act 2005

My younger brother through his wife got registered a fake FIR u/s 452/354/34 against me in 2015 to make me bend before him in some property issue but police didn't arrest me and didn't file Chalan in court till date but are continuously pressurising me to bend before younger brother. I got frustrated and filed an RTI in December 2017 to provide me with the statements of complaint or any other witnesses recorded under CrPC Section 161, but the police did not provide me with any information within the specific time period. Thereafter, I went in for appeal firstly before FAA & then before the state commission. The state commission asked the police to submit in writing that under which section of RTI Act 2005 they are asking for an exemption to provide information to seekers (accused). In their reply police submitted that the matter is under investigation hence the information is denied. Here the point is that today near about 40 months 1200 days have passed since the registration of FIR & no challan filled in court now can police still take plea before CIC that matter is under investigation & no information can be supplied? Secondly is there any section in RTI act that barres the police to provide the information to the accused?
And what should be my arguments before CIC. Please advice.


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 4 Replies

R.Ramachandran (Advocate)     07 August 2018

Please do not get overly bothered.

Police has taken a stand that the matter is still under investigation.  When the complainant is not worried, why are you unnecessarily getting worried?  It seems you are more restless than your brother.  Please avoid this situation.

If any matter is under investigation, information cannot be provided under RTI.  Therefore, the Police is right.

Till such time, anything comes to you, better forget the matter and relax as though nothing has happened.

You need knock at the doors of Police and get any summons/warrants.  I think you understand what I am saying.

2 Like

Harjeet Singh Kochhar   09 August 2018

Sir I am borthered because I have been falsely framed in the said FIR & what should I do to get the said FIR cancled.

Harjeet Singh Kochhar   09 August 2018

Sir I am borthered because I have been falsely framed in the said FIR & what should I do to get the said FIR cancled.

Harjeet Singh Kochhar   09 August 2018

Sir I am borthered because I have been falsely framed in the said FIR & what should I do to get the said FIR cancled.

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