Can I file RTI to get the information of particular FIR filed and the satement recorded with Kerala Police?
Aadhav 30 September 2017
Can I file RTI to get the information of particular FIR filed and the satement recorded with Kerala Police?
G.L.N. Prasad (Retired employee.) 01 October 2017
Certainly, as a citizen and as an affected party, you have two separate rights to seek that informatin under RTI Act as far as copy of Complaint is concerned as it is a public record. But, I am not aware as to statement recorded as no one can provide such information during the course of investigation, and normally deny information as it may impede the progress of investigation. . Of course, courts strtictly laid down for such justification, as to how that statements can impede the progress of investigation.
\But there is no law that bars an applicant in soliciting any information. So proper course is always file application seeking what ever information is required, without initital doubts and assumptions. Applicants either gets information or information may be denied, and even in case of denial proper justification has to be given by Public Information officer. Even after this there are first appeal opportunity with same designated authority and second appeal option before Information commission , if appellant is not satisfied with response of PIO.
So seek information what ever you require without any doubts at the initital stages and escalate it to first and second appeals.
Suri.Sravan Kumar (senior) 01 October 2017
you can also apply to the court for certificed copy of the required documents by filing third party petition mentioning the reasons.
G.L.N. Prasad (Retired employee.) 01 October 2017
Once a case is already filed by Police, the information is not under the control and custody of the Police. Please understand the differences in stages and seek information as per facts:
If a case was not filed in Court: File RTI Application to State Public Information Officer, Police
or
If a case was already filed, as police are not having custody and control of that information
File Third party application before Court. (if you are a party they might have served such documents already) as suggested by Shri Suri Sravan Kumar.
manoj 01 October 2017
call me for your query at cellno 8686159292