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State Info Commission Rejected RTI -second appeal citing 498A FIR copy is private info and not public


iamsureshav

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iamsureshav

Case Brief:

 

 

  • 498A FIR is filed against applicant. He gave statements at Police station and charge-sheet is pending since FIR is stayed by State HC
  • Applicant filed RTI seeking 498A FIR copy, his own submitted statements, and other 2-3 more info.
  • PIO / Police station asked permission from complainant (3rd party who filed FIR) and subsequently 3rd Party wrote a letter and instructed to PIO that no information should give given
  • PIO denied to give information. subsequently applicant approached to FAA, but FAA also denied to give such info saying PIO is right.
  • Applicant approached to State info commission waited for almost 2 years for his second appeal to be heard. When matter was heard, SIC dismissed appeal in 2 mins stating that both PIO and FAA are right and info can not be given under 11(1)

 

  • Applicant has cited over 20+ CIC/HC Judgments stating that FIR copy is public info and can not be treated as 3rd party and PIO can not ask permission from 3rd party (498A FIR complainant)
  • Applicant feels that all SIC, FAA and PIO have misconstrued RTI acts and passed wrong judgement

 

Questions

 

  • What are the other remedies available with applicant ? What is the next step?
  • Based on learning, applicant may file WP at State HC . Besides money part, is it worth to approach HC?
  • Any other Suggestions experts may have. please do suggest

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RAVEENA_O

Information cannot be denied citing Sec-11(1). You can challenge the decision of SIC by filing Writ petition. Consult a good lawyer practising in High court.

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Prasad GLN

I feel that as a victim appellant is eligible for the information as a citizen and as an affected party.

Forget about RTI, unless the information is provided to affected, he can not defend the charges framed against him.

So, if there are more than one affected party, let the other party file RTI Application and continue the process upto SIC.

As advised by Super Moderator, discuss with your advocate, and cross the bridge when it comes.

If possible upload SIC decision for information of others.

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ranjan1
Case Brief:

 

 

  • 498A FIR is filed against applicant. He gave statements at Police station and charge-sheet is pending since FIR is stayed by State HC
  • Applicant filed RTI seeking 498A FIR copy, his own submitted statements, and other 2-3 more info.
  • PIO / Police station asked permission from complainant (3rd party who filed FIR) and subsequently 3rd Party wrote a letter and instructed to PIO that no information should give given
  • PIO denied to give information. subsequently applicant approached to FAA, but FAA also denied to give such info saying PIO is right.
  • Applicant approached to State info commission waited for almost 2 years for his second appeal to be heard. When matter was heard, SIC dismissed appeal in 2 mins stating that both PIO and FAA are right and info can not be given under 11(1)

 

  • Applicant has cited over 20+ CIC/HC Judgments stating that FIR copy is public info and can not be treated as 3rd party and PIO can not ask permission from 3rd party (498A FIR complainant)
  • Applicant feels that all SIC, FAA and PIO have misconstrued RTI acts and passed wrong judgement

 

Questions

 

  • What are the other remedies available with applicant ? What is the next step?
  • Based on learning, applicant may file WP at State HC . Besides money part, is it worth to approach HC?
  • Any other Suggestions experts may have. please do suggest

 

 

 

if you are accused you are bound to get copy of FIR irespective fir stayed by HC in all probablity you may be party in HC you can get Fir copy at HC also ( there is something which you want to hide ok with me )

 

who opted for FIR stay estranged wife or you

 

don't go rti way you will get what you want provide that you do work properly

 

thanks read attached

498.txt

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Deepak Dang

Q. 1 information related to you can be obtained.

2. Matter is legal hence advocates' opinion matter. Money matter & time consuming.

3. A draft is available for filing application

Error 400 (Bad Request)!!1

Lawyersclubindia

But you should not a question/viewss of SPIO.

The police deptt. Have been advisrd to investigate complaint then file it.

 

Sent from my LG-K220 using RTI INDIA mobile app

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Deepak Dang

RTI*to prevent victimisation in false Dowry/498a*cases - Marriage ...

 

just came across a well drafted*RTI format*from a learned friend ... the claims of the complainant punishable under IPC sections:*498A, DP ¾*...

 

IIS 8.5 Detailed Error - 404.0 - Not Found

 

LabeledForum

 

Need*rti sample:jurisdiction of that police station:*498a*- Marriage ...

 

Dear All LCI and victim of*498A*Can any body share me any*Sample*of*RTI*application related with JURISDICTION OF THAT POLICE STATION*...

 

IIS 8.5 Detailed Error - 404.0 - Not Found station-498a-74269.asp

 

LabeledForum

 

A well said strategy to fight false*498a,DV and maintenanace cases ...

 

Nobody is convicted under*498A*unless there is enough proof of ... 5) Use*RTI*and letter writing to fight your case, but do not go gaga over such tools. ... This is usually done in a*format*where the parent disowns his son and*...

 

http://www.lawyersclubindia.com/.../A-well-said-strategy-to-fight-false-498a-DV- and-maintenanace-cases-84890.asp

 

LabeledForum

 

Rti*for getting copy of*498a*complaint at caw - Marriage - Family Law

 

Hello learned members Can we get certified copy of*498a*complaint from ... Could you please send me*sample format*for the*RTI*request ?

 

http://www.lawyersclubindia.com/.../Rti-for-getting-copy-of-498a-complaint-at- caw-43770.asp

 

LabeledForum

 

Police investigation after fir for*498a*- Dowry - Criminal Law

 

We are expecting that the girl will file a FIR for*498a*because she wants to know the whereabouts of my brother. ....*FORMAT*OF APPLICATION FOR OBTAINING INFORMATION .... what is the procedure to apply for this*RTI?

 

http://www.lawyersclubindia.com/.../Police-investigation-after-fir-for-498a-87818. asp

 

LabeledForum

 

show cause notice to Father in law -*RTI*- Constitutional Law

 

This is Shiva from hyderabad a false*498A*and DVC case was filed against me I have sent*RTI*Application to my father in law organization FL*...

 

http://www.lawyersclubindia.com/.../show-cause-notice-to-Father-in-law-27057.asp

 

LabeledForum

 

Counter attack in reply to*498a? - Dowry - Criminal Law

 

Our stupid Government passed this stupid*498A*to protect women ..... If you have it in you, get started, help others, file a PIL, an*RTI, shoot*...

 

http://www.lawyersclubindia.com/.../Counter-attack-in-reply-to-498a--68762.asp

 

LabeledForum

 

Certified copies-rti-498a*- Dowry - Criminal Law

 

Hi All Wife filed*498A*in A Women PS I want Remand Report and FIR Certified copies from ... Please provide me*RTI Format*for certified copies.

 

http://www.lawyersclubindia.com/.../Certified-copies-rti-498a-111979.asp

 

LabeledForum

 

498a*-tep-rti*reply received - Dowry - Criminal Law

 

I have filed TEP and received reply from*RTI*below.Please advise shall I file First Appeal? If so please provide the*format*and questions.

 

http://www.lawyersclubindia.com/.../498a-tep-rti-reply-received-115454.asp

 

LabeledForum

 

Rti*for*498a*wife - Dowry - Criminal Law

 

My*498a*wifegiven affidavit to passport office chandigarh that she is residing at her ... for*format*of the*RTI*applicaion kindly give your e mail.

 

http://www.lawyersclubindia.com/forum/Rti-for-498a-wife-85450.asp

 

LabeledForum

 

 

 

Sent from my LG-K220 using RTI INDIA mobile app

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Prasad GLN

Please, let us confine to RTI issues and avoid providing other links as it is against discipline of the forum. It is true that we should not disappoint any member that posts any query, and in a brief reply, should guide him the correct way and guide him in searching his remedy through other means.

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Deepak Dang

Respected Sir,

The thread was closed by Madam Raveena_o on 25th of May-2017. Any comments thereafter are not required. The thread starter had asked three questions. Rather knows very well but posted for some different line of action.

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iamsureshav

Thank you so much. Raveena Ji. I am contemplating to file WP as well. But at the same time I am also in dilemma whether going to HC is worth in-terms of time, energy & money.

 

Though on other side going to HC and teaching lesson to PIO, FAA & SIC may help to other thousands of RTI seekers / vicitms

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iamsureshav

Thank you Ranjan,

 

Nothing to hide... I've asked 4-5 Questions in Initial RTI, out of that first 2 questions were certified copy of FIR, our own given statements at PS etc , now all these are considered as private info by 3rd party, since PIO sent permission letter to 3rd party (498A complainant) and Mrs. 498A denied permission to provide it. Hence PIO denied to give such info and further such decision of denial was upheld by both FAA & SIC

 

FIR stay was opted by family members at HC. Since investigation is on stay, CS can't be filed

 

In all means I really felt and believed that All PIO, FAA & SIC have misunderstood RTI acts and committed illegality of not providing info. But though i am not expert so seeking advise from expert members

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ranjan1

who opted for FIR stay estranged wife or you

 

you said

 

FIR stay was opted by family members at HC

 

and Who are these family members ( your inlaws or your Mother/father)

 

in all probablity you may be party in HC

 

are U a party in HC

 

you have too much of info try to consume

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iamsureshav

Hello Ranjan,

 

Since myself & my family members are victim of 498A , I was referring to my parents as my family members :) They got stay order from HC in context of 498A FIR Quashing under Crpc 482. My in-laws would be obviously not help me

 

As you and other expert member suggested irrespective of stay or not, information ought to have given by PIO, FAA & SIC and would not have denied u 11(1).

 

I am also surprised the way they have behaved after waiting for almost 2 years at SIC hearing they had dismissed in 2 mins stating that both PIO and FAA are correct.

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Prasad GLN

Any one has to follow a legal precedent.

The SIC has just followed the Delhi High Court ruling that these matters should be secured through court only.

While waiting, SIC will never come to know of individual problem / appeal of any appellant, and the issue will be discussed only at the time of hearing.

You are waiting at the Registry, and your issue was placed before IC, and there may not be delay in decision delivery.

You are fortunate, at the pace, several most urgent and important decision may not come up for hearing before some SICs in next 5 years.

 

Those may not be having alternates, whereas you can get that information from Court.

Some issues are invited by us, while some issues are imposed/ thrust on us.

We have to blame our misfortunes and not other external elements as we will be diverting our attention from main issue by blaming others.

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iamsureshav

Very True. Thank you for summarizing it beautifully.

 

Parent's HC Quashing final hearing is expected very soon. They are expecting decision either positive or negative. Post HC's decision Police (PIO) would anyhow file CS which would enable us to get all prosecution evidence/documents including FIR.

 

Though It is the fact that SIC's decision shows that how it had misconstrued RTI acts and there are numerous CIC/HC decisions in our support. Anyhow my dilema is either to wait for CS to get all documents or to challenge / Drag SIC at HC by filing WP and set an example for fellow RTI seekers/ victims. Later option has its own Pros and Cons

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ranjan1

They got stay order from HC in context of 498A FIR Quashing under Crpc 482.

 

HC gone ahead in proceedings without copy of FIR from your side

 

----------------------------------------------------

inform fir-Police station to provide a copy without any RTI application ( remember copy of Fir is now on police website as per SC order )

FIR copy to all-accused ( read again all accused ) is free

Edited by ranjan1
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iamsureshav

When FIR was registered and Police asked parents to come to PS, they took Lawyer & so they gave hefty gandhi ji (bribe) to get xerox copy... of FIR. which was used at HC.

 

Besides, we decided to get all official/certified copy through RTI. Also as I mentioned FIR copy was one of the information apart from other required information including parents own given statements, relatives ones etc.

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ranjan1

approach same Police station by letters and reminders to senior officers of not providing fir copy to accussed

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