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Siv (engineer)     06 April 2012

Writ petition on denial of information under rti act

Hi All,

 

If the investigation is not done properly and if police refused to supply the documentary evidences citing the section 8(1)(h) of RTI Act then you may prefer to file Writ Petition under Article 226 read with Article 19, 21 and 22 of Constitution of India.

 

The charge against the accused and the evidence against the accused must me know tothe accused (As per section 211, 212, 213 and 214 of CrPC) hence Article 19, 21 and 22 are appliable and if any of the rights under Artilces of Constitution of India are affected artilce 226 may be invoked by High Court to give direction to the police or court to protect the rights .......

 

Even RTI Act is enacted to protect the rights that are under Article 19 of Constitution of India and if police do not give information under RTI Act then move to High court saying that rights fo the accused are affected hance writ petition is maintainable ....



Learning

 5 Replies

Siv (engineer)     06 April 2012

You may use the reply of police (denial of information) as evidence Only but do not challenge the reply/decision of PIO (police) because you can not go directly to the High Court to challenge the PIO decision .... 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

This is after the Chargesheet is filed in the court.

 

Because before that Police would be well with in rights to deny these information to protect the witnesses and other things.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Nitin (Manager)     16 April 2012

how is rti helpful in 498a?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 April 2012

Hmmm,

 

RTI is helpful in obtaining some information which is being denied to you otherwise.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Siv (engineer)     16 April 2012

RTI Helps fighting the 498A case and Other cases as below:

 

File RTI seeking the below:

 

The details of the evidence that support the allegations (for each allegation).

The details of the documents that are verified by the I.O before charge sheet is filed in court.

Copy of the documents that are verified and also submitted in court by the I.O

The ingradients of the allegations that attract the section ABC of IPC and the suporting material present on record.

 

The reasons (section 4(1)(d) of RTI applicable being the action of IO affected you) for not collecting the documents that you may refer to the I.O during and after the investigation.

 

The reasons for not withdrawing the prosecution based on the material referred by you to the I.O of his senior officers after Charge sheet is filed in court.

 

EXAMPLE:

 

I.O filed charge sheet against me U/s 498A.

I made application to the commissioner of police explainang the evidence (documents) that clearly show that the allegations are flase and asked to withdraw prosecution and appropriate action in that reagrd including collecting the documents listed in the application/complaint.

Filed RTI seeking information on action and copies of the documents collected and I am communicated that no action is taken.

 

Filed a Writ Petition in High Court saying that the police has no ground to continue prosecution and the police is not disclosing the grounds to prosecute me, hence direct the police to disclose the grounds to prosecute after the material referred by the accused is considered. Results are awaited, will update you all.


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