(1) On a written complaint a F.I.R. u/s U/S 120B/427/379/511 of IPC was registered against accused,
(2) After 19 months a "Civil in Nature" Closure Report was forwarded to ACMM,
(3) Complainant filed "Protest Petition" with a prayer "Issue Process" or Order for Court Monitored further investigation u/s 153(3) CrPC.
At the time of hearing, APP justified "Closure Report" citing 161 CrPC statements.
A RTI Application was filed to seek information and photocopy of documents pertaining to police investigation upon closure of investigation of complaint, by declaring “Civil in Nature”:
- Photocopy of General Diaries including (G.D.) No. xxxx (mentioned in FIR)
- Name & Rank of the Investigating Officers involved and their tenure in this case.
- Reports prepared / submitted by IO and directions / file noting / Orders issued by Superior Officer(s) along with photocopies thereof.
- List of persons (Name & address) called upon by the Investigating Officer(s) (IO) for investigation in the matter along with photocopy of statement recorded.
- Photocopy of Notice(s) issued including u/s 91 CrPC to complainant and replies received thereof.
- Photocopy of Notice(s) issued including u/s 41A CrPC to Accused & Others and replies received thereof.
- List of information collected and / or received by the IO including CCTV footage, Emails / Statements / Letters / Documents etc., along with photocopies thereof.
- Photocopy of Document(s) by the name of Standard Operating Procedure (SOP) / Police Manual OR by any other name, detailing the procedure prescribed for police personnel and followed by IO for collection of information / evidence including electronic records / CDR at the time of inquiry / investigation in cases falling u/s 120B/427/379/511 of IPC.
SPIO denied documents by invoking Section 8(1)(h) of RTI Act 2005 by declaring “since the case is still in progress” when the case is already forwarded to ACMM by a closure report (FRT) declaring case is “Civil in Nature”.
Upon 1st appeal, FAA without issuing any written order upheld SPIO's previous order.
Looking forward for your suggestions,