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KNK A Learner (Learning to share)     20 April 2011

Police not responding to RTI in 498A Investigation Details

Hi,

Police not responding to RTI in 498A Investigation Details and 2nd appeal may take some months to get information, Can we approach High court to get those details? If yes, please guide me how to approach High Court to get the Investigation details within few days?

Thanks in advance



Learning

 15 Replies


(Guest)

Dont approach HC check with the RTI authority where you have filed the appeal on the status if the 30 days period have elapsed and file a appeal there itself. Ideally you would have filed it at the SSP office and would have a acknowledgement.

2 Like

KNK A Learner (Learning to share)     20 April 2011

I applied to PIO o/o Superintendent of Police, then again i sent First appeal to Superintendent of Police under Section 7(1) of life and liberty provision of RTI Act 2005 for seeking information within 48 hours. But no response its almost a month, no reply from them. Again i am sending 2nd appeal to CIC. Dont know whether i can get justice or not. My court hearing is on 13/05/2011. If i get some info i can get some relief.

Thanks


(Guest)

I also filed u/s7 Life and liberty but did not get reply in 7 days but approx 40 days but I did consistent follow up on phone with the PIO SSP office as I took his number while submitting the RTI as you can always question them why its taking so long to reply.

The RTI reply are of no much help in police as the replies I got were just one liners Yes or No against a big question. Morever they just wrote that basis of registering is the witness and mentioned their names. They said that they no more need any further documents to register the case.

I think you should personally follow up at SSP office where you filed RTI to understand the reasons for no response. Its not any better than going there personally. The police department is the slowest in replying RTI but it helps.

Arup (UNEMPLOYED)     21 April 2011

Investigation Details are their internal matters but when they chargesheeted they will produce their reports at court. when they produce it at court, you have the right to get it.

whether you have chargsheeted or not. if chargeshteed then complain and how they reach to the conclusion should be given toyou. if not request the court for the same.

KNK A Learner (Learning to share)     21 April 2011

They have chargesheeted without enquiry based on the face value and bribe. They filed false 498A and didnt mentioned even a single date for the incidents which were not happened. No Income proofs, Nothing. Just with oral statements of LW1-LW6 they filed case. Then i sent RTI about proofs. No response. Please suggest how to get those details. Can i approach High court for those details through Writ Petition.

Arup (UNEMPLOYED)     21 April 2011

you have cargesheeted through a court.

ask the court first about the investigation papers but so far i understood, police will not provide it.

Arup (UNEMPLOYED)     21 April 2011

chargesheeted without enquiry

---   IT IS THE HEADACE OF THE STATE (THE COMPLAINEE).

 

enquiry based on the face value and bribe

---   THIS IS MEANINGLESS. UNTILL YOU ARE ABLE TO SUBMIT SOME PROOF OF BRIBE, COURT WILL NOT RESPOND ON IT.

Arup (UNEMPLOYED)     21 April 2011

and didnt mentioned even a single date for the incidents

---   GOOD QUESTION BUT SUBJECT TOWITNESS AND EVIDENCE.

AT THE TIME OF CROSS THE WITNESS, YOU ASK IT. GET IT RECORDED.

 

No Income proofs, Nothing.

---   THIS WILL HELP IN LATTER STAGE

Arup (UNEMPLOYED)     21 April 2011

Just with oral statements of LW1-LW6 they filed case.

---    THEY CAN.   IT IS SUBJECT TO WITNESS AND EVIDENCE.

LET THE WITNESS COME AT COURT. CROSS THEM . RECOD IT.

 

i sent RTI about proofs

---   IT IS NOT A SUBJECT OF RTI. THEY HAVE TO PROVE THE OFFENCES DONE BY YOU, AT COURT.

OTHERWISE IT WILL BE PROVED THAT THE CASE IS FALSE AND FABRICATED.

THEREAFTER YOU ARE FREE TO TAKE LEGAL ACTIONS AGAINST THE STATE AS WELL AS THE WITNESSES AGAINST YOU. I THINK YOUR WIFE ALSO ONE OF THE WITNESS.

Arup (UNEMPLOYED)     21 April 2011

Please suggest how to get those details

---   BE COOL. APPROPRIATE TIME NOT YET COME IN YOUR CASE. WAIT AND KEEP WATCH

 

Can i approach High court for those details through Writ Petition.

---   AT THIS STAGE, APPROACHING HC WILL BE FRUITLESS. YOU HAVE TO PROVE THAT ' INJUSTICES  DONE TO YOU'.  SO FAR THE COURT NOT SEATING IN YOUR CASE YOU SIMPLY HAVE TO WAIT.

NO OTHER WAY.

Om Prakash Dhusia (HR assistant)     22 April 2011

I agree with Mr.Arup but just want to add with kind apology to Mr.Arup: Since you have been charged with offence and so criminal trial would be held at the appropriate court and after PW's depositions, I.O.(Investigating Officer) would be called to depose before the court and this is the time to ask millions of question if your lawyer have, to contradict his total version but seldom any judge pass any remarks on Investigation because many in this profession are spineless officiials who feel joy in punishing the innocents being sadistic.At last you would be asked to explain your conduct in this episode and later the judgement will be pronounced.

So face the case and try to defend with all your might and never assume yourself INNOCENT even if you are beacuse it is the court who would declare you so otherwise once implicated in false case, you are a serial criminal in the eyes of society,police, prosecution and judge which is another a hard reality in Indian society.

I can name a additional session judge at Lucknow who feel proud to declare in the open court that, " Even I am sure you are hundred percent innocent but it is my prerogative to send you to jail".

Regards

1 Like

Arup (UNEMPLOYED)     22 April 2011

" Even I am sure you are hundred percent innocent but it is my prerogative to send you to jail".

 

---   SUCH ATTITUDES BREAKS THE HONOUR OF THE COURT AND MAKE A JUDGE INSANE

Om Prakash Dhusia (HR assistant)     22 April 2011

Yes Dear Arup, fact is harder than fiction.


(Guest)
Originally posted by :KNK
"
Hi,

Police not responding to RTI in 498A Investigation Details and 2nd appeal may take some months to get information, Can we approach High court to get those details? If yes, please guide me how to approach High Court to get the Investigation details within few days?

Thanks in advance
"

I think in the matter related to RTI with police, you should instead approach STATE Information commission. This should really help.

1 Like

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