Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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HK_Jain... (498a Fighter)     20 February 2012

Rti

How to use RTI t get a copy of complaint in CAW cell?



Learning

 6 Replies

Raja (XYZ)     20 February 2012

CAW mean ?

1 Like

DR.SANAT KUMAR DASH (Eye Specialist)     20 February 2012

What     do     you    mean    by      CAW       cell????

1 Like

Aishwarya (Teacher)     20 February 2012

CAW...Crime Against Women.

hopefuly..yes RTI can be given..

HK_Jain... (498a Fighter)     20 February 2012

crime against women cell...

what is the proceedure to get a copy of complaint through RTI?

Tajobsindia (Senior Partner )     20 February 2012

One:-

 


RTI decision –
Wife’s complaint before CAW Cell to be given to Husband under RTI

 


Central Information Commission

Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066

Case No. CIC/SS/A/2011/000350

Name of Appellant : Sh. Ritesh Suri (The Appellant was present)

vs.

Name of Respondent :
Addl. Commissioner of Police,
Special Police Unit for Women and Children,
New Delhi.

Represented by: Shri O.P. Arora, ACP and Shri S.S.Malhan, Inspector.

The matter was heard on: 17.8.2011


ORDER


Sh. Ritesh Suri, the appellant, vide his RTI application dated 13.12.2010 requested the respondent CPIO for a copy of the complaint registered by his wife Smt. Lekha Chhabra against him in the Crime Against Women Cell, Nanakpura,New Delhi. The information requested was denied to the appellant by the CPIO u/s 8(1)(e) and also u/s 11 of the RTI Act on the grounds that complainant has not given her consent to give a copy of the complaint to the Appellant. Aggrieved with the reply the appellant filed an appeal before the First Appellate Authority (FAA). The FAA, vide its order dated 19.1.2011 upheld the decision of the PIO.


The Commission in a number of its decisions has held that the person complained against has right to know the nature of complaint made against him, particularly when the respondent has taken action on the complaint filed with them. The Complainant too has filed the complaint before the Crime Against Women Cell with the expectation that they would take necessary action, as per law, on her complaint. Such documents can hardly be treated as personal information supplied by third party. The Commission therefore directs the Respondent CPIO to provide a copy of the complaint filed by his wife to the appellant, free of cost, within 7 days of receipt of this order.


With these directions the matter is disposed of on the part of the Commission.

Sd/-
(Sushma Singh)
Information Commissioner
17.08.2011

Authenticated true copy
(K.K. Sharma )
OSD & Dy. Registrar

Copy to:

1. Shri Ritest Suri,
C-3701, Ground Floor,
Sushant Lok Phase-1,
Gurgaon, Haryana.

2. The P.I.O.
Addl. Commissioner of Police,
Special Police Unit for Women and Children,
Nanakpura,
New Delhi.

3. The First Appellate Authority,
Dy. Commissioner of Police,
Special Police Unit for Women and Children,
Nanakpura,
New Delhi.


Two:-

RTI decision – Wife’s complaint before CAW cell copy cannot be denied to accused.


Central Information Commission

Mr.Tarunjeet Singh Taneja vs Ministry Of Home Affairs on 9 November, 2011
Central Information Commission

Room No. 305 B­Wing, August Kranti Bhawan, Bhikaji Kama Place, New Delhi – 110066 Tel No: 26167931

Case No. CIC/SS/A/2011/001074

Name of the Appellant : Shri T.S. Taneja (The Appellant was not Present)

Name of the Public Authority : Delhi Police, Special Police Unit for Women & Children, Nanakpura, New Delhi..

Represented by Shri Shri S.S. Malhan, Inspector.

The matter was heard on : 27.10.2011

ORDER


The present appeal has been filed by the Appellant Shri T.S. Taneja on the grounds of denial to him by the Respondent of certified copies of complaint filed by Smt. Sukhvinder Kaur Taneja, by seeking exemption under the provisions of section 8 (1) (e) of the RTI Act.


The appellant, through his RTI petition dated 4.4.2011, had requested for certified copies of complaint No. 1303 dated 19.4.2010 and complaint No. 2189 dated 23.6.2010 filed by Smt. Sukhvinder Kaur Taneja, i.e. wife of the appellant with the CAW Cell Nanakpura, New Delhi. Shri Suman Nalwa, PIO/Addl. Commissioner of Police had replied to the appellant that copies of the complaint of Smt. Sukhvinder Kaur Taneja cannot be provided in view of section 8 (1)(e) of the RTI Act. Shri U,K. Chaudhary, Addl. Commissioner of Police/FAA, before whom the appellant filed an appeal, has concurred with the reply of the CPIO.


In his 2nd appeal filed before the Commission, the appellant submits that an F.I.R has already been registered on a complaint filed by his wife and that once a complaint has been converted into an F.I.R., denial of copies on the grounds of fiduciary relations is misconceived.


The Commission has consistently been holding the view that a person against whom a complaint is being made is entitled to have a copy of the said complaint. In this case also the Commission is of the view that none of the exemption provisions of the RTI Act apply. The Commission, therefore, directs the Respondent CPIO to provide copies of the complaints as requested by the appellant in his application, free of cost to him within 10 days of receipt of this order.


The matter is disposed of on the part of the Commission.

(Sushma Singh)
Information Commissioner

9.11.2011

Authenticated true copy

(K. K. Sharma)

OSD & Dy. Registrar

Copy to:

Shri T.S. Taneja,
Block NMp.II, Flat No.005,
Kirti Apartments,
Mayur Vihar, Phase-1 Extension,
Delhi – 110091.

The CPIO,
O/o Addl. Deputy Commissioner of Police, Special Police Unit for Women & Children, Nanakpura,
New Delhi.

The First Appellate Authority,
O/o Addl. Deputy Commissioner of Police, Special Police Unit for Women & Children, Nanakpura,
New Delhi.


Procedure:-

1. The procedure is to make a Application under RTI Act. Then annex Rs. 10/- IPO. Then post the Letter under RPAD to CAW Cell. Or by Hand deliver to them with receiving Stamp / full name / designation and Signature of receiving person there. Annexe above two decisions which in favor of Husband. Wait for 35 days for their reply. 


2. Search some of my earliest post for sample RTI Application f that may be your next pop - up poser before us!

3 Like

Aishwarya (Teacher)     20 February 2012

fantastic thnku tajob sir..


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