Civil Procedure Code (CPC)

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TGK REDDI   31 March 2020

how can i know FIR no.

This means that Section 8 (h) & (j) are not applicable here.      Isn't it?       When, then, are they applicable?

There're instances of the supply of information is no authority.

Shri Kalaiselvan is not much clear to me.



 13 Replies

G.L.N. Prasad (Retired employee.)     30 March 2020

A citizen, victim can only make a complaint stating the facts, and the FIR is a copy provided by Station house officer, acknowledging the receipt of such complaint, the sections under which that crime was registered, the person that was entrusted with such investigation, and the date on which it was sent to Magistrate court.

So, the duty of complainant is only to state facts in writing, or signing the statement heard and reduced in writing by such employees in Police station.  A citizen/complainant is not expected to know or state any law, and it is the duty of the concerned official that has to study the complaint and state such sections in FIR.

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 March 2020

1. You can file an RTI Application (with 10/- Court Fee stamp) to the concerned Police station or even before the District Police Commissioner or SP office, asking for "Certified Copies" of any NC /FIR that may have been registered against you since last 12 months.

2. You should be able to get all such related information in about 45 days time.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

G.L.N. Prasad (Retired employee.)     30 March 2020

Police dept., is expected to upload the FIRs in their website and  when the information is uploaded, it is not treated as under custody of State Public Information Officer, and hence invariably quote "CERTIFIED COPIES" in case of those documents those require uploading in their websites.

TGK REDDI   30 March 2020

RTI is not applicable.

G.L.N. Prasad (Retired employee.)     30 March 2020

For that information uploaded on websites, the information is not treated under the custody of Public Information Officer and one can not seek copy of that information (Ordinary copy is one form of information)

But in case fo "Certified copies", a form of information, RTI is applicable and SPIO must provide such certified copies after collecting copying fees at Rs.2/- per A4 size copy.  

There can not be an iota of doubt on such application of RTI for FIR certified copies.

Free Legal Help India   30 March 2020

PLEASE CONTACT A. A. ZAIDI ADVOCATE FOR LEGAL HELP. CONTACT NO. 9719775005.

TGK REDDI   30 March 2020

Shri G. L. N. Prasad

I always welcome criticism and I respect your above criticism.

I, nevertheless, am not convinced in view of Section 8 (h) & (j) of Right To Information Act.     

I need further clarification.

G.L.N. Prasad (Retired employee.)     30 March 2020

Reddy garu,

I have secured several certified copies of such FIR under RTI Act.  Unless I am sure, I dare not post such things in the expert forum where surgical operations take place daily.

Select one and seek such information under RTI as it costs Rs.28/- only (Rs.10/- RTI fee + Rs.17 local speed post).

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

Since FIR is a public document, a certified copy is provided to the complainant initially.

Police do not usually encourage citizens asking to know their filed FIR status. So, RTI for FIR can be filed, and then status can be checked for the recorded FIR.

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

There is a lot being done to bring transparency and accountability, to reduce corruption in state/ central institutions. The Right to Information Act of 2005 is one such act which aims to help the citizens have information at their fingertips and get true facts from the authorities.

 

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

The First Information Report (FIR) is an important legal document to report a criminal offence to the police

The Station House Officer(SHO) of a police station is legally required to register an FIR after a complaint as given by an aggrieved victim or citizen.

summary of the crime is usually kept on record in the FIR along with the entire details of the investigation process. Registering an FIR starts the justice process and requires the police to investigate.

  • After the crime is reported, the FIR is filed.

  • Since FIR is a public document, a certified copy is provided to the complainant initially.

  • The copy of the FIR recorded after the crime is reported and given to the aggrieved.

  • Police do not usually encourage citizens asking to know their filed FIR status. So, RTI for FIR can be filed, and then status can be checked for the recorded FIR.

 

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

The RTI for FIR is to get investigation details like documentary evidences etc.

If you seek the evidences available on record, you will get all the official copies of evidence available to the police. If the evidence is on record and is ignored or if they have charge-sheeted the case without considering the evidence, the misconduct can be shown at a later stage in court. You cannot seek their opinion in a RTI as to why the evidence was not considered.


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