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Sunny (A)     13 April 2009

Non Cognisable Report

 Hi,

A Non-Cognisable Complaint was made against me at the Police Station. I know that the complaint filed against me is not true, however I am not aware of the contents of the complaint filed against me.

Therefore, I made an RTI application for certified copy of NC. However the Police replied I require to get Magistrate's permission as I am the accused? 

What should I do?

1) Go to the Magistrate for permission or

2) File an appeal under RTi, as no provisions are mentioned by the Police where they are giving me this excuse for non-disclosure of complaint.

3) Should I file counter complaint that whatever complaint filed against me is not true.

Rgds,

Sunny

 

 

 

 



Learning

 5 Replies

N.K.Assumi (Advocate)     13 April 2009

Article 22 (1) of the Constitution of India, says" No person who is arrested shall be detained without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal opractitioner of his choice.

                     Can you, imagine? In my experience ,not the grounds of arrest but even the case registration numbers by the police is not even aware by the courts? Time has come for the Government of India to send all these so called session judges and magistrates or whatever they are called to go for training in these aspects for atleast a month training.

                      Not RTI but the Constitution mandates that you are to be informed of the grounds of your arrest? All Superintendent of Police, Session Judges and magistrates have to undergo a training for a month on this human rights aspects as envisaged in our Constitution.

Swami Sadashiva Brahmendra Sar (Nil)     14 April 2009

go to court and verify , if any case has been registered against you ? on a non cognizable report police can not arrest you without permission of the court.

manu (advocate)     14 April 2009

mr. sunny,

non cognisable case is a case i which the plice cannot arrest the accused without obtaining warrant of arrest ( permission) from the court.

if u receive summons from the court do appear before the court throgh an advocate and on the same day u the copy of all the documents like fir, charge sheet etc will be given to u.

secondly if u have some idea as to what type of case is registered against u then u can apply for anticipatory bail in ur state high court or sessions court within whose jurisdiction offence is alleged to have committed. this anticipatory bail helps u to avoid arrest.

regards

manu

Badal Dayal Advocate (Advocate)     16 April 2009

Hi

First of all even NCR has been filed against you, the FIR could not be registered until and unless complaint U/s 200 Cr. P.C. is filed against you by the complainant before Metropolitan Magistrate or First Class Magistrate (as the case may be and complainant must produce 2 witnesses in support of its complaint , thereafter Magistrate may issue directions to concerned police station to inquire into such complaint and furnish report to it. On report of concerned station officia,l Magistrate may order to file FIR .. and proceed further.........    

Anjalee (LAW student)     24 April 2009

Hi,

Even I am facing the exact case as mentioned in Sunny's query:-

Here is what I think is right course of action:

File an appeal under RTi, as no provisions are mentioned by the Police where they are giving me this excuse for non-disclosure of complaint. 

 

If still the response is same that "Go to the Magistrate for permission" : I think then one should seek permission.

 

Now, what I like to ask you people, the reason for Police to give this statement that to seek Magistrate permission is:

 

Police can intervene /investigate directly in cognizable offences & in case of Non-Cognizable it cannot intervene or investigate the matter unless Magistrate orders to do so & therefore Police is correct to give such response.

 

However at same time I feel whatever is the nature of complaint cognisable/non-cognisable the accused has equal right to know the content of the complaint, therefore Appeal under RTI is right option. 

 

The third issue:

Should I file counter complaint that whatever complaint filed against me is not true.

 

One can file the same...but the question arises how can one file such complaint without knowing the contents of the complaint & at same time it can go against the accused that it is an after thought on his part after knowing the nature of complaint. therefore I am not clear about this part 

 

Can anyone elobrate this further.....

 

 

 

 

 

 


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