Rti for getting copy of 498a complaint at caw

As i am getting mixed response for above query for different state it works differently. It would be really great if anybody from Gujarat could post their experience here.

Thank you.

To get a cocy of FIR(complaint) for a case u/sec.498a, you need not apply under RTI,you submit an application for a certied copy of it to the Court.Ducuments of court or police authority is not covered under RTI.

im not agree wih mr, Minansu Bhadra, i send RTI to the PIO, that DCP office and I got complain copy in 7 days. how  you wait till that complain reaches to court and then you will ask a copy from court.. why oyu think that your complain will reach to court. may be after investigation CAW will close the complain and never file a FIR? 

Hello!

U r rite.... Different state police behave differenlty to this RTI application. But in most cases, they do not release it till FINAL NOTING/CONCLUSION REPORT is nt marked on the complaint under investigation.

God forbid, if FIR is recomended in final report, Cops will not give u enough time before arrest to get the copy thro RTI.

Can u tell what u will do with certified copy of this complaint?

Hi Galsober,

IO who is handling my case has clearly indicated that investigation from myside is over. However she is not exactly phrasing if she is going to file FIR for the same. She keeps on repeating that girls side is hell bent on registering FIR. However there is no action from girls side from long time. So i doubt that they just did it for pressurizing us and do not want to pursue it further.

Certified copy of complaint would help me in case there are any future litigations for proving that appelant has tendency to file fake complaint/cases.

Hi,

Mostly PIO reply to RTI that matter is under investigation and it cant be disclosed as it can hamper the investigation.

But how can it hamper???? PIO do not clearify and just delay it.

I am not sure but there is one CIC decision that complaint copy must be given to the accused and if denied PIO should clearify reasons..

Anybody have more information pls share..

thanks

Go like this:

1) Try to get the truth about the final report "un-officially", if IO has actually marked Final Report, it will move up & each Comissioners Office too, Try one of these clerks if possible to have internal information.

2) If closure report is prepared & the complaint is "filed", ask for certified copy thro RTI. U may dig into www.rtiindia.org for the related threads & find CIC judgments easily which say that "complaint copy can not be denied pending investigations". Attach these ordres beforehand with ur RTI application 2 make the things work.

Happy Journy ahead!

Oh Please my friends.

If I understand correctly the original query is about - HOW TO GET COPY OF COMPLAINT AT CAW CELL.

It's not FIR or anything,

The issue has been settled by CIC that respondent can get the copy of complaint filed in Women Cell vide its order no. CIC/SS/A/2011/000350 dated 17 Aug 2011.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hello Shonee,

Thanks for your reply.

I am not able to find the link to above said decision, could you please post pdf here. I used following link for my search https://www.rti.india.gov.in/cic_gov_decision_reportview1.php?quater_type=3&year=2011&show=all.

Its Here..

Central Information Commission
Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000350
Name of Appellant : Sh. Ritesh Suri
(The Appellant was present)
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.

Incase PIO deny copy by saying " The matter is under investigation", the above order will work or not, dont know...

Thanks Suraj !!

Read

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.