Civil Procedure Code (CPC)

Fir under rti

This query is : Resolved 

Online (Querist)
13 June 2021

Dear sir/madam ,

My one cousin have made a complaint against another person in police station .

only closed letter is written and submitted by accused person in police station.

as this case not went to the court , I'm not sure whether FIR is filled or not .

so , please let me know sir/madam

1) if no FIR , what type of complaint it sir ? .

2) can I request all the information and report of this case through RTI ? Thank you

kavksatyanarayanaOnline (Expert)
13 June 2021

Which type of complaint filed by your cousin? If it is a civil complaint, it may not be registered by the Police.

T. Kalaiselvan, Advocate Online (Expert)
14 June 2021

If the police has not registered the FIR or having not taken any legal action on the complaint lodged before them, the the complainant may escalate the matter before the higher police officer of the city/district seeking direction to the concerned police to initiate proper legal action on the complaint pending before them.
If that also do not fetch the desired result, then the complainant may approach the jurisdictional judicial magistrate court with a petition under section 156(3) cr.[p.c. seeking direction to the concerned police to initiate proper legal action on the complaint pending before them

Dr J C VashistaOnline (Expert)
14 June 2021

@ Guru,
1). What are the allegation(s) leveled in the complaint i.e., whether the allegation(s) are cognizable or non-cognizable as per Criminal Procedure Code, 1973 ? If the police did not register FIR and / or move to Court with the complaint, the offence(s) / allegation(s) are presumably non-cognizable.

2) Seek information / progress of the complaint by filing RTI application to concerned SPIO.

Sudhir KumarOnline (Expert)
14 June 2021

you have not been able to convey any fact worth forming a clear view.

In case FIR is registered then it is available on website.

If available on website then RTI does not apply.

If not appearing on website then RTI can be made.

If charges against your cousine are serious and if police is not taking action then RTI application can alert them.

Sankaranarayanan Online (Expert)
14 June 2021

All complaints are shall not registered as FIR. the complaint can closed by amicable understanding between parties. before the IO then they can get the statements from both side and closed it. The complaint copy of the same you can get it by RTI

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