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Fighter (498A a Legal Terroris (Fight Against Legal Terrorism )     26 May 2012

Police rejected info in rti reply saying section 11

Team members,

I filed rti to get info from police station on false 498a for

1) notice sent to wife and

2) all the documents listed in FIR as enclousers

 to be given which she had mentioned in FIR (list of documents enclosed).

i got a reply under sec 11 of RTI info cannot be given..

This case was recently registered and they have only filed FIR copy and complaint copy in the court and they have not filed list of documents listed in FIR in the court its been more than a month now so in this condition still can i get the listed documents in FIR from police station and court but court they dont have... and police say that the case is closed but pio is denying to give us the documents......



Learning

 3 Replies

Siddharth Khandelwal (owner)     26 May 2012

Can't you demand for case diary or such other documents that are part of the process?Case diary comes in ambit of RTI Act. Can't you get your desired information in this type of documents?

                                                                                                            siddharth 

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     26 May 2012

I wonder, how the Police Authorities have denied disclosure of information under section 11 of RTI Act. Section 11 is a procedural provision which provides for the procedure to consult the third party before disclosing information supplied by such third party (and in custody of the Public Authority) and has been treated as "Confidential" by such third party. The Public Information Officer has to consult such third party and based on the comments received, the PIO has to decide on merit on the issue of disclosure of such information to the information seeker.

In your case, they cannot deny you disclosure of contents of FIR and the documents in support of such FIR, if you are the accused in the FIR. If they have filed the charge sheet against you in the Court, you can make an application (under CrPC) to the Court for supply of such documents.

Further, when the case is closed, seek the the closure report submitted by the Police in the Court.

For further details, feel free to contact me over phone +91-9868002365.

Divya Jyoti Jaipuriar, Adv.

www.jaipuriar.com

1 Like

Siddharth Khandelwal (owner)     26 May 2012

Divya jyoti is absolutely right. Without following the procedure how can police refuse? At first they have to inform third party to seek comments afterthat  determining the merits of the issue information may be denied.And if you are the accused then the question of the third party does not arise. Use this argument in the first appeal.

                                                                        siddharth


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