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Sreedhar Sunkara   29 January 2022

How to get complaint copy which is denied by public servant, under rti

Hello members, 

 

 How to get a complaint copy from a public servant who has denied it under rti and complainant is not FRI. Is there any provision under ipc or crpc? to get a complaint copy provided that the accused was prosecuted and the complaint is made false, great in justice has been caused to accused. 



Learning

 7 Replies

G Krishna Rao (Advocate)     29 January 2022

Your question is not clear.  If there is any rejection by the competent office you can make an application beofe the Appellate Authority and then to approach the State Information Officer.  If you do not get any resolution, you can approach the Honourable High Court under a Wit.

G.L.N. Prasad (Retired employee.)     29 January 2022

If a FIR is registered, the police are bound to upload such FIR in their website and this procedure is mandatory.  If SPIO refused it is third-party information under sec. 8 (1) j, the SPIO has to justify his denial and also call for comments of that third party under Sec.11 of RTI act.

There are two more steps for a remedy under RTI namely first appeal before the Superior of that SPIO designated as First Appellate Authority and if FAA agrees with SPIO, the next step is for the second appeal.  SPIO is bound to provide further appeal procedure under Sec.7 (8).  You can contact an advocate friend and he can obtain the same in seconds from PS.

You can submit your first appeal as follows:

First Appeal dt   Jan, 2022

Before: Appellate authority,..................................

Against: SPIO,...........................

Applicant:

Brief facts: Appellant has filed an application and solicited copy of the complaint and /OR FIR registered at................ Police station approximately in the month of................................against...................................  As per Supreme court directives and voluntary disclosure under RTI, the FIR must be in the public domain in the Police website.  

SPIO has denied the information vide his ref:.....................dt.......................information under Sec...........and also not offered the mandatory justification for denying the information..

GROUNDS FOR APPEAL: Being aggrieved with the denial of this first appeal as deliberate and malafide as those documents have to be uploaded in website this first appeal.

PRAYER:  Appellant prays for directions to SPIO to provide the information as expeditiously as possible free of cost.

 

Appellant:

Sreedhar Sunkara   29 January 2022

Dear friend what you have said is clear to me, but keep sending appeals to RTI officers has dragged as much as 1.5 years til date and no yield till now. I was prosecuted under some complaints and a copy of the complainant is provided. Following the RTI etc is time taking process, is there any way I can approach JFMC court to get the complainant. AS the Officer is bound to take action on false complainant 

G.L.N. Prasad (Retired employee.)     29 January 2022

If the matter is referred to Court, get a copy of such FIR and defend yourself in court.

Dr J C Vashista (Advocate)     30 January 2022

@ Sreedhar Sunkara,

You have filed application under section 6 of the Right to Information Act, 2005, where Public Information Officer did not provide you requisite information and you want to kow about further action, isn't it ? 

If so, you have the only legal option to file an appeal before First Appellate Authority under section 19 of the Right to Information Act, 2005.as advised by Mr. G Krishana Rao, Advocate and Mr. G L N Prasad, I endorse and appreciate.

As stated by you, inter alia, ".....I was prosecuted under some complaints and a copy of the complainant is provided..........." regarding documents were not supplied by trial court is unbelievable.since the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following;

  1. the police report;
  2. the first information report recorded under section 154;
  3. the statements recorded under Sub-Section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under Sub-Section (6) of section 173;
  4. the confessions and statements, if any, recorded under section 164; or any other document or relevant extract thereof forwarded to the Magistrate with the police report under Sub-Section (5) of section 173;

Provided that the Magistrate may, after perusing any such pan of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused

Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

Did you apply for complaint under section 207 Cr PC to the Magistrate where trial commenced ?

 

 

Sudhir Kumar, Advocate (Advocate)     30 January 2022

please give full facts instead of setting a riddle.

P. Venu (Advocate)     31 January 2022

Yes, the facts posted are less than convincing.


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