destroying of police complaint

Records from Circle and Station

The Inspector is responsible for the destruction of the case diary files and first information reports retained in his office and in stations. These files will be retained for three calendar years after the year in which the case is disposed off.

Sir, me and my husband are recently being made aware that there is a complaint against my husband registered in 2017 and CAW by his mother however when we enquired through RTI, CAW has refused for the existence of any such complaint in their office and meanwhile police station says the documents have got destroyed. we are doubting the very existence of that complaint ourselves as we were never intimidated about the same all these years. it came as a shocker for us when we got to know about it few months back when we saw a copy of complaint put up in high court petition. but we are sure that the complaint doesnt exist and the one being shown is forged. is there any way we could find the copy of this complaint if actually exists? is there any other place these complaints are also saved so that v can be sure rhat this complaint doesnt exist. and what action can we do in this regard?

Every public authority stipulates rules and regulations on maintenance of public records, protection and destruction.  Since RTI Act 2005, most of the records are digitalized and preserved in a central hub.  SO first find out the laid down rule and then proceed further.

File RTI Application and seek information as follows:

Information solicited:

1. Please provide me a copy of the manual/rules and regulations that prescribed the retention period of complaints filed by citizens

2. If the records of 2017 were destroyed by CAW cell of.......................station, please provide me the copy of such confirmation and a copy of such register that states destruction of the complaints of 2017.

3. If the complaint of 2017 finds any entry in public records provide that record , if that record that noted the entry is also destroyed, please provide that record destruction confirmation register.

sir they have sent a document of order of destruction of many records as on 31 dec 2017 however they haven't mentioned whether that said complaint falls under it or not. I became more suspicious after visiting the police station where instead of saying records are destroyed they said they could not find the complaint and were even looking at the stamp on the application with doubt. thats why I am doubtful of the complaint's existence. i have heard that the complaints are saved in other departments too and could be enquired about even after the destroying of the complaint at the police station. is it true? if so, how can I ascertain it? and in case if this complaint do exists, can we take action on the said police station for not informing us about any such complaint all these years as now this complaint is being used against us in high court as part of petition by my mother in law to quash FIR.

Regards