Demad of case diary under rti act

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved
During the investigation proceedings, whether applicant/complainant of FIR can demand copy of case diary to know the position of investigation of proceedings. Whther IO can refuse to provide such information u/s 8(h)of RTI Act. IT is to be noted that in my query information is required by applicant/complainant of FIR and not by anyone else.

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Sailesh Kumar Shah (Expert) 05 December 2011
Yes, He can.

Shonee Kapoor (Expert) 05 December 2011
No, even the complainant can not ask for case dairy during investigation, CIC has held that, it may impede the impartial investigation process.

If the complainant has something to submit, he can do it to I/O with a copy to his superior.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Rajeev Kumar (Expert) 05 December 2011
Agree with kapoor

Sailesh Kumar Shah (Expert) 05 December 2011
Mr.Rajeev

This is for your kind information that i also answer the same as Mr.kapoor of question:-

Whther IO can refuse to provide such information u/s 8(h)of RTI Act.

Devajyoti Barman (Expert) 05 December 2011
Only the court, PP or the IO has access to the Case Diary.
However if the de facto complainant has any doubt about its contents it may bring the same to the notice of the court for necessary actions but not allowed to look into it.

Querist : Anonymous (Querist) 06 December 2011
Than how can complainant know what the I.O. is doing. If he has doubt that he is ignoring his witnesses / evidences and carrying on the investigation to benefit accussed.

Sailesh Kumar Shah (Expert) 06 December 2011
After filing of chargesheet, you can object, if investigation is not upto mark.

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