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Nandha (NIL)     12 March 2013

Rti help wrt police station

Dear experts,

 

I need advise on filing RTI at local police station to get some information.

The background of the case is:

 

Wife left home 10 months back. Last month, a police constable in uniform came to my home and asked me to come with him to local police station situated in the next street.

 

I accommpanied him to the police station, where I saw my brother-in-law and father-in-law. My wife did not come there. 

 

There were discussions, the police officer was supporting my inlaws  wherein when i tried to explain the situation, he did not listen.

 

While coming out of the police station, the writer took my name & my phone number. While he was writing in the register, he was hiding the contents in the register with him palm.  however, he did not take any signature from me.

 

My query is:

 

1) Can the police officer send a police constable in uniform to house even when there is no written complaint? 

 

2) If so, can I ask through RTI, on what basis I was called to police station and the contents of complaint and ask for a copy of the same?

 

3) Without any written complaint from the person, if the police officer has called me to the local police station, is there any way that I can complain to higher police officials about the police officer's actions (taking bribe and misusing his authority? Please advise.

 

4) If any police constable comes to my home (in future), can I refuse to come and demand him a written notice for calling me to police station?

 

Please let me know the procedure to file RTI. 

 

thanks

 

 

 

 

 

 

 



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 March 2013

Please see  the websites to file through RTI. applications and procedure available in these websites. www.rti.nic.in, www.persmin.gov.in, www.rtiindia.org,www.prajanet.org, www.righttoinformation.gov.in

rajiv_lodha (zz)     12 March 2013

Best info available at www.rtiindia.org.

Eneter dowry+ false+case+RTI......n see a sea of info


(Guest)

@Querist,

 

Reply Question-wise

 

1.In case of a cognizable offence, a police officer can take any action as he deems fit for just and proper investigation.

 

2.Make sure  if an FIR is registered by anyone against you in that police station. You need not RTI to know the cause of your summon. It's a police officer's duty to make you aware for what you have been called to the police station. If an FIR registered against you, you have every right to know for as why and for what you have been called to the police station.Again you need not to make use of RTI.

 

3.No,you can't unless it's a gross misconduct on the part of the police officer.

 

4.No,in case of cognizable offences, a police officer need not have search-warrant.Let the officer do their work.

 

Hope that suffice.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Nandha (NIL)     12 March 2013

thanks for ur advice. can the officer claim it a cognizable offence without any written complaint? it has been more than one month now. can I go and ask the officer? or check with him if there has been any complaint against me. will they answer? is there any harm in filing RTI to get these info?

(Guest)

@Querist,

 

I would like to recommend you to ask the police officer the reason of summoning you. If he denies to do so, you can complain to the Superitendent of Police that you are being harassed without any obvious reason explaining the whole matter.

 

I would not recommend to go for RTI since for the following reasons.Before questioning again in this thread,please read all the matter very carefully and try to understand the below given points-

 

1. RTI in this case is of  no use since the subject is not clear that  whether FIR has been registered or not.You cannot file an RTI for a non existent thing and even if you do, that effort is bound to fail.

 

2.Even if FIR has been registered, copy of FIR can be denied at this stage by the PIO of police station by execusing it as the matter is still under investigation and you are also not an informer of the commission of any cognizable offence.

 

I would not go in details of the provisions of law as it would make  difficult for you to digest about the cognizability or non-cognizability of offence and other issues related to administrative/judicial procedure.

 

Therefore, act accordingly.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

[Last Reply to this Thread]

 

Thanks,

Regards,

Nandha (NIL)     13 March 2013

Originally posted by : Mr. Sumitra Kumar


@Querist,

 

I would like to recommend you to ask the police officer the reason of summoning you. If he denies to do so, you can complain to the Superitendent of Police that you are being harassed without any obvious reason explaining the whole matter.

 

When I went to the police station, I was told the reason of summoning me that my FIL & BIL had come to collect my wife's clothes. But, my query is whether the police officer can summon me WITHOUT ANY WRITTEN COMPLAINT from my wife? Can my FIL & BIL can file complain on behalf of wife??


If there was no written complaint, how could the police officer consider it as cognizable offence?. If he has acted on oral complaint of my FIL & BIL, was it within his authority??


I wanted clarification on the above query only and not much about the RTI.  RTI comes only when he has acted on written complaint and when I wanted a copy of it. 


Is it that RTI can be used only when FIR is filed or even if a written complaint is filed, we can use RTI to get the copy of the complaint?


please advise


 


 

I would not recommend to go for RTI since for the following reasons.Before questioning again in this thread,please read all the matter very carefully and try to understand the below given points-

 

1. RTI in this case is of  no use since the subject is not clear that  whether FIR has been registered or not.You cannot file an RTI for a non existent thing and even if you do, that effort is bound to fail.

 

2.Even if FIR has been registered, copy of FIR can be denied at this stage by the PIO of police station by execusing it as the matter is still under investigation and you are also not an informer of the commission of any cognizable offence.

 

I would not go in details of the provisions of law as it would make  difficult for you to digest about the cognizability or non-cognizability of offence and other issues related to administrative/judicial procedure.

 

Therefore, act accordingly.

 

Note-This reply should be taken as per the declaration given in my profile page.


 

[Last Reply to this Thread]


 

Thanks,


Regards,
 

Nandha (NIL)     24 March 2013

any experts, please advise

 

When I went to the police station, I was told the reason of summoning me that my FIL & BIL had come to collect my wife's clothes. But, my query is whether the police officer can summon me WITHOUT ANY WRITTEN COMPLAINT from my wife? Can my FIL & BIL can file complain on behalf of wife??


If there was no written complaint, how could the police officer consider it as cognizable offence?. If he has acted on oral complaint of my FIL & BIL, was it within his authority??


I wanted clarification on the above query only and not much about the RTI.  RTI comes only when he has acted on written complaint and when I wanted a copy of it. 


Is it that RTI can be used only when FIR is filed or even if a written complaint is filed, we can use RTI to get the copy of the complaint?


please advise


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