Rti act
Amar Jadhav
(Querist) 02 December 2011
This query is : Resolved
What is procedure if offence registered are non-cognizable, does police can take any action under sec 149 of Cr.Pc or can only direct to go to court. I made an application under RTI Act asking for the same, the answer is to go to court as police has no right to investigate in NC matter And I also made complaint to the commissioner of police through mail the answer of which is the copy of said mail had not reached to the police station so no action.
V R SHROFF
(Expert) 02 December 2011
Police cannot take any action,and direct the Complainant to go to Court. They can only issue notice u/s 149.
Amar Jadhav
(Querist) 02 December 2011
my saying is same police had not even issued notice u/s 149 and had replied under Rti application to go to court. can I file appeal on it and second thing the complaint was also made through mail to commissoner of police answer to it is that the said mail copy has not reached to concern police station and they do not know about the same. can on point also the RTI appeal can be made. Pls Reply
Advocate M.Bhadra
(Expert) 02 December 2011
Your query is not clear,all Police Report and Investigation are not covered under RTI Act,if you are a concerned party then you can get by an information of the certified copy of Case Diary or Police Report from the Court.However if you like to get information from the Police authority then you can send an application on RIT application Format with affixed court fees of 10/- to the State Information Officer,Dept of Home Affairs,Govt.of in your State.
Shonee Kapoor
(Expert) 02 December 2011
Police is not bound to call accused in Non-Cognizable offence.
They can directly tell you to go to the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate. Arunagiri
(Expert) 02 December 2011
Mr.Amar,
What is the relief you want, regarding the police case or regarding the RTI?
Amar Jadhav
(Querist) 03 December 2011
Sir, my father who is a senior citizen lodge a complaint to police aganist two person for area who used bad words, filthy language and gave criminal intimidation to kill our family. police record NC but no action was taken aganist the said person so I made a complaint to commissioner of police through mail then also there was no progress. Thereforemy father filed an application under RTI to know wht action police had taken. answer to said appliction is police cant take any action in NC matter you can go to court and regardibg mail no informayion to police station. my query is can I file an appeal on this reply of police?
Devajyoti Barman
(Expert) 06 December 2011
Yes you can. File petition to the Magistrate as well.
