Action against false general diary and negative attitude of police
PARTHA SARKAR
(Querist) 01 April 2012
This query is : Resolved
If the police inform through RTI that a complint is a non-cognizable offence under section 182 of IPC hence they will not take any action and been advised " complainant was asked to apply before the Ld. Court for its further course of action". The original complint lodged on 25.02.2012 along with all supportings and the respective police station registered it as Genral Diary instead of FIR against a false General Diary on 20.12.2011.
Kindly advice how to proceed at such situation?
Nadeem Qureshi
(Expert) 01 April 2012
Dear Querist
if the offence is non-cognizable the police have no power to arrest with warrant issue by magistrate, but the police have right to registered the complaint as NCR(Non-cognizable Report).
if you have any proof in this regards, file another RTI.
PARTHA SARKAR
(Querist) 01 April 2012
Thank you sir I am planning to file another RTI Tomorrow kindly approved the following:-
To
The State Public Information Officer and the Joint Commissioner of Police (A),
Lalbazar, Kolkata Police, 18, Lalbazar Street, Kolkata – 700 001.
Subject: Seeking Information under the Right To Information Act, 2005.
Ref: (1) Your office memo no 7280/RTP+RTI+Enclo, R-874/12, dated 23.03.2012 along with memo no. 6139//RTP+RTI dt 13.03.2012 and a copy of the report obtained from the Deputy Commissioner of Police, South Division, Kolkata. (2) GDE No. 1962, dated 20.12.2012, Alipore Police Station (copy enclosed).
Sir,
In spirit of the section 6 (1) of the RTI Act, 2005 kindly provide the following information:
1. With reference to the above your office has violated the provisions of Act and taken 15 days to transfer the application under section 6(3) of RTI Act, 2005 kindly provide whether such kind of violation is a regular affair of your department by giving a lame excuse shortage of staffs.
2. Kindly provide what action has already been initiated by your good office on GDE No. 1962, dated 20.12.2011, Alipore Police Station.
3. Kindly provide daily progress made on GDE No. 1962, dated 20.12.2011, Alipore Police Station.
4. Kindly provide status report regarding action taken till date with reference to my all petitions and your office above correspondences in respect of GDE No. 1962, dated 20.12.2011, Alipore Police Station.
5. Kindly provide what action can be taken against a false complaint and subsequently registered by false GDE. Whether a false compliant is a non-cognizable offence? If yes, kindly provide the Rules as per existing laws or If the answer is negative what action can be taken against the person who lodged false complaint and the same has been registered as General Diary as per law.
6. Kindly provide with reference to the question no. 4 if such person use that GDE in the court to get favourable order by misleading the court and the accused lodged complaint along with all relevant supporting documents. In such situation kindly provide what responsibilities your good offices have on this matter as per appropriate provision of laws even if it is a non-cognizable office.
7. Kindly provide whether any FIR has already been registered against GDE no. 1962, dated 20.12.2011, Alipore P.S. If yes kindly provide certified copy of the same. If no FIR or action kindly provide appropriate reason as per appropriate provisions of laws.
8. Kindly provide what responsibilities generally have the Kolkata police if a compliant lodge by a person in any police station and the same has been registered as General Diary? Whether any inquiry conducts by your department as per provisions of law despite nature of complaint is a non-cognizable offence? If no what responsibilities Kolkata Police have on such complaint as per law? Is it permissible as per law to freeze such complaint by your department?
9. Kindly provide have Kolkata police any responsibility to inquire into any compliant registered as GDE whether it is true or false? If no, what normally your department has do on those complaints as per provisions of law. If your department understands that such complaint is false will they freeze these without any actions?
10. Kindly provide inquiry / investigation report or any actions taken report till date on GDE no. 1962, dated 20.12.2011, Alipore PS. If no, such inquiry / investigation etc. kindly provide reason as per law.
11. Kindly provide reasons as per provisions of law with reference to my complaint the same has been registered as GDE No. 2405, dated 25.02.2012 despite mentioned in my complaint and/or other appropriate of IPC against false complaint. Kindly provide reasons as per Govt. rules and your views as per existing provisions of laws whether a complaint with all relevant supporting against a false compliant as registered as GDE is treating as non-cognizable offence?
Required court fees Rs. 10/- have been affixed herewith as per the RTI Act, 2005 and requesting to provide information that are seeking under the RTI Act, 2005. I state that the information sought does not fall within the restrictions contained in Section 8 of the Act “Exemption from disclosure of information” and to best of my knowledge.
Yours Truly,
PARTHA SARKAR
Date: 02.04.2012. ADDRESS: Shivam Apartment, 8/84A, Netaji Nagar, Flat No 7, 1st Floor, P.S. Patuli, Kolkata - 700092. Mobile: +91-9038506359/9681353300.
E-mail: sarkar.partha@rediffmail.com
Enclosed Photo copies as described below:
1. GDE No. 1962, dated 20.12.2012, Alipore Police Station.
Kiran Kumar
(Expert) 01 April 2012
rather than wasting your time on RTI applications.
better approach the local Magistrate and lodge a formal complaint under the relevant provisions of Cr.P.C
S.B.adil rahman
(Expert) 01 April 2012
Entries in General Diaries are made in all the cases whether those are cognisable or non cognisable.However,cognisable general diaries are supported by formal FIR. In your case the offence appeared to be non-cognisable in which neither the police has power to arrest nor investigate.So the only alternative with you is to approach Alipore Police Court and lodge a private complaint against the person who got the general diary entry recorded.In that event if the court takes cognisance of the offence the general diary will be called as an evidence to prove your case. Now coming to the RTI Act 2005, let me tell you very frankly that Kolkata Police or any Government organisation in West Bengal tries to evade any query under the act as the matters are dealt by the clerks or ill qualified officers.Kolkata be it Budhdhadeb or Mamata, in most of the cases always keeps the information secret and as such it is also known as little China by the RTI activists. So please do not waste your time and go to court if you are really interested to prosecute the offender. And one more thing if you tease these police wallas they would point blank say that they are not in possession of the information sought by you. Now it is up to you how long you can run to get the information. WBIC is a vegetable like organisation and decisions are given after seeing the faces. Because all its Information Commissioners are retired IAS officers of the government who were loyal to the ministers even after their retirement. Best of Luck.
Shonee Kapoor
(Expert) 02 April 2012
What are you doing Partha????
You want to do something, because you can not sit back and do something else.
Better concentrate on strong defence.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
