KNK A Learner (Learning to share) 13 May 2011

RTI Rejected by Police in 498A

In my 498A case, My application under RTI has been rejected by the Superintendent of Police saying the information cannot be disclosed to the Accused under the exception of the RTI Act Section 8 (1) (h) about the investigation and the information cannot be give as the matter is subjudice.

Since they havent done any investigation, they are not willing to give the information.

My question is

"What is the rights of the Accused in a crime"

Can the accused should know about how the police concluded the investigation and how they arrived to that conclusion?

Can i approach High court to get these details?

Under which section of law, i can get the information about the investigation.

Can i go for quashing of my 498A on this basis?

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 13 May 2011

I think I had advised you to file a writ in the High court challenging FIR. If you have not yet challenged FIR, now also you can if charge sheet is not yet filed by the police. In the write also you can call the documents from the police station regarding investigation

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Om Prakash Dhusia (HR assistant) 13 May 2011

Dear KNK:I don't think an accused has any right to know the outcome of police investigation if his name is in the FIR.If already not arrested by police, sooner or later they may do so and you would require a proper bail.If you apprehend your arrest kindly seek anticipatory bail and do not wait for conclusion of police investigation.If you find that the FIR itself happen to be flimsy then kindly approach the Honorable High Court to quash the same but you can not stop police to investigate, if any criminal case has been made out against you.

You can hire the services of efficient lawyer to defend you in case of any eventuality and fight it out to your advantage.

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KNK A Learner (Learning to share) 13 May 2011

In this Case, the Police filed the chargesheet with no date and time and no clarity about huge money claim. i Asked only date and time of the incidents and money source. No reply, i am still figuring out to get the details.

Thanks,

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 18 May 2011

The RTI Act, 2005 says:

8 (1) notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, -

(h) Information which would impede the investigation or apprehension or prosecution of the offenders.

Further Article 22(1) of the Constitution of India says:

22(1) No person who is arrested shall be detained in custody, without being informed as soon as may be , of the grounds of such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

From the above and from my limited knowledge of law, it doesn't appear that you have any remedy at the moment. If and when you are not only arrested but also detained, you have the right to know why.

In the meantime if you apprehend arrest and detention, you can try for anticipatory bail.