Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
  • 0
karira

New File Added: Police case diary cannot be inspected during trial

Question

karira

Downloads: A new file has been added by karira:

 

Police case diary cannot be inspected during trial

 

The Karnataka HC has ruled that police case diary cannot be allowed to be inspected by an accused before the trial begins or during the trial.

  • Like 2

Share this post


Link to post
Share on other sites

10 answers to this question

Recommended Posts

  • 0
advocate rajesh

Hello, dear friends is their any latest judgement on the issue that police diary can be taken under under RTI in a case in which investigation have been completed and trial has been concluded.

Share this post


Link to post
Share on other sites
  • 0
advocate rajesh

sir page is not opening.

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

There was a problem in uploading. File can be converted to ws and can be uploaded.

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

DUPLICATE.

KINDLY MERGE THIS POST AS SIMILAR MATTER IS OPENED BY Hon.CJK that as per Karnataka HC, such diary can not be inspected during trial.

 

https://www.rtiindia.org/forum/109064-new-file-added-police-case-diary-cannot.html

 

Till now, it is assumed that a victim and affected party has a right to know the information, and once the investigation is completed, and unless the PIO suspects that disclosing such information may hamper the progress of investigation with justification, it can be disclosed.

Share this post


Link to post
Share on other sites
  • 0
karira

@Shrawan

 

That upload is from 2013.

 

After that Admin has reorganised the portal several times.

 

Lets wait for Admin to respond as to how to access this file.

Share this post


Link to post
Share on other sites
  • 0
Deepak Dang

In the google RTI & Police authored by Mr.Veeresh Bellur, Bangalore, Karnataka book they won a no of cases upto 2015. This book is only regarding Karnatka SIC decisions regarding information from police. As the envisages the onus of proof for denial is with CPIO/PIO u/s 19 (5).

However I had gone through a SCI discision Balakram Vs. State of Utterakhand titled "Accused Can’t Claim Unfettered Right To Inspect Case Diary: SC [Read Judgment]...

 

Read more at: Accused Can’t Claim Unfettered Right To Inspect Case Diary: SC [Read Judgment] | Live Law

It may be gone through/analyzed & merge thread.

Share this post


Link to post
Share on other sites
  • 0
Deepak Dang

There is one more very interesting fact regarding https://www.rtiindia.org/forum/109064-new-file-added-police-case-diary-cannot.html "Thread: New File Added: Police case diary cannot be inspected during trial"

A court case was delivered & available as "Friday, 2 December 2016

Leading Judgment on maintenance of case diary during police investigation

 

On such complaint or information having been received by the Station House Officer and First Information Report is recorded and investigation is taken up, Section 172 of Cr.P.C., comes into play. Section 172 of Cr.P.C., reads as under: Law Web: Leading Judgment on maintenance of case diary during police investigation

Accordingy, ..... (3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply."

It may help to the legal & seasoned ones to apply the mind & guide us for future.

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

As far as RTI is concerned, I wish to place the following that Court has not decided on RTI issue, as seen from Judgment

 

"Since we are not called upon to decide the question as to whether the copy of the case diary or a portionthereof can be provided to the accused under the provisions of the Right to Information Act, we are not deciding the said question in the matter on hand. In thecase of Sidharth etc. etc. vs. State of Bihar, the entire case diary maintained by the police was made available to the accused by the trial Court.'

Share this post


Link to post
Share on other sites
  • 0
advocate rajesh

Dear friends,But their is difference in my case ,trial has been concluded and the investigation is not pending, moreover section 22 of rti act is overriding effect over other acts. their are some judgments

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

@advocate rajesh,

 

Sir,

This is not thread opened by you. Hon CJK uploaded a judgment.

You have hijacked the thread and invaded on a different thread, which is as follows:

 

Hello, dear friends is their any latest judgement on the issue that police diary can be taken under under RTI in a case in which investigation have been completed and trial has been concluded.

[/b

As the thread is not opened by you for your issue, now stating the following is not correct

 

But their is difference in my case ,trial has been concluded and the investigation is not pending, moreover section 22 of rti act is overriding effect over other acts. their are some judgments

 

Please open another thread with more details, as discussions can be continued in your own thread on your issue alone. Please post the issue with details.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • Shrawan
      By Shrawan
      Central Information Commission


       

      Decision No. 293 /IC(A)/2006
      F.Nos.CIC/MA/A/2006/00386
       
      Dated, the 20th Sep., 2006



      Name of the Appellant : Shri V. Ramakrishnan, Dy. Commissioner of Central Excise-III, 121, Nangambakkam High Road, Chennai-600034.
      Name of the Public Authority : Directorate General of Vigilance, Customs & Central Excise, 1st & 2nd Floor, Hotel Samrat,Kautilya Marg, Chanakyapuri, New Delhi-110021.
      DECISION

      The appellant had asked for certain information relating to investigations of a case. The CPIO provided a detailed reply and furnished partial information while the remaining information was denied u/s 8(1) (d) on the ground that the disclosure of information would impede the process of investigation.
      In view of the above, the CPIO has correctly applied exemption u/s 8(1)(h) of the Act.
      The appeal is accordingly dismissed.
      Sd/-
       
      (Prof. M.M. Ansari)
      Information Commissioner
      Download the decision from Download segment.



    • Shrawan
      By Shrawan
      RTI exposes 481 transfer requests by mumbai police officials written by MLAs and ministers in just 19 months.
       
      the Mumbai police commissioner and the Maharashtra director-general of police have received a record 481 written recommendations for transfers from MLAs and ministers in just 19 months.
       
      From March to September this year, the DGP got 99 recommendations for transfers, of which 30 have come from the chief minister himself. Some of the recommendations have also come from Deputy CM R R Patil.
       
      This was exposed following queries filed under the Right to Information Act, 2005.
       
      ecommendations for transfers had in fact come down in 2004, after the joint commissioner of police (administration) issued a strict warning to 71 police officers and 64 constables for trying to use political clout.
       
      Also, two departmental circulars were issued stating that any violation of the rule 413 rule of the Police Manual would be strictly dealt with.
       
      Rule 413 states that "government servants are forbidden to approach officials of other departments or non-official people for support and redress. They are liable for disciplinary action if MLAs or non-official persons approach the government on their behalf," the rule says.
       
       
       
      [sourse TOI]
       
       
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy