Central Information Commission
Anupam Gupta vs Ut Of Chandigarh on 2 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/UTOCH/A/2023/138030
Anupam Gupta .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Deputy Superintendent of Police,
Women & Child Support Unit, Home Guard
Building, Sector 17, Chandigarh - 160017 .... ितवादीगण /Respondent
Date of Hearing : 16.12.2024
Date of Decision : 27.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12.04.2023
CPIO replied on : 28.04.2023
First appeal filed on : 11.05.2023
First Appellate Authority's order : 07.06.2023
2nd Appeal/Complaint dated : 13.09.2023
Information sought:
The Appellant filed an (offline) RTI application dated 12.04.2023 seeking the following information:
"i. Please provide me the details of sections Imposed in FIR No.- 0040 dated 07.04.2022 Page 1 of 4 ii. Please provide me the certified copies of bail order issued against accused Mr. Sumit Mahajan (Husband) and Mrs. Manju Mahajan (Mother in law) in FIR No.-0040 dated 07-04-2022.
iii. Please provide the course of proceedings made in the matrimonial complaint (PW Complaint No.- PW2002100101 dated 04.01.2021) after registration of FIR No.- 0040 dated 07.04.2022 till date. iv. Please intimate the time limit for presentation of challan after registration of FIR as per the departmental rules. V. Kindly provide me the copy of challan presented by Women Police Station, Sector-17, U.T. Chandigarh with respect to FIR No.- 0040 dated 07.04.2022 against Mr. Sumit Mahajan (Husband) and Mrs. Manju Mahajan (Mother-in law) (residing at H.No.-236, Indian Express Society, Sector-48-A, Chandigarh-160047) in connection with matrimonial complaint (PW Complaint No.- PW2002100101 dated 04.01.2021) given by the complainant- Mrs. Anupam Gupta (Wife).
vi. If challan is not presented till date, please inform the reasons for non presentation of challan till date and the actions taken against the officials responsible for non-presentation of challan as per the departmental rules."
The CPIO furnished a reply to the Appellant on 28.04.2023 stating as under:
"i. FIR No. 40 dated 07.04.2022, U/S 406, 498-A IPC, WPS-17, UT, Chandigarh.
ii. The sought information cannot be supplied to the applicant as the Case FIR No. 40, U/S 406, 498-A IPC, WPS-17, UT, Chandigarh is under investigation. Hence, the same is denied u/s 8(1) (h) of RTI Act as it would hamper the investigation of case.
iii. The sought information cannot be supplied to the applicant as the Case FIR No. 40, U/S 406, 498-A IPC, WPS-17, UT, Chandigarh is under investigation. Hence, the same is denied u/s 8(1) (h) of RTI Act as it would hamper the investigation of case.
iv. According to SOP-84/2016 no specific time limit for presentation of challan.
v. Case FIR No. 40 dated 07.04.2022, U/S 406, 498-A IPC, WPS-17, UT, Chandigarh is under investigation.
vi. Case FIR No. 40 dated 07.04.2022, U/S 406, 498-A IPC, WPS-17, UT, Chandigarh is under investigation."
Being dissatisfied, the appellant filed a First Appeal dated 11.05.2023. The FAA vide its order dated 07.06.2023, held as under.
Page 2 of 4"I have carefully gone through the reply of CPIO-W&CSU provided to the appellant and it is observed that CPIO-W&CSU has provided the relevant information as per law."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent: Ms. Asha Sharma, PIO, appeared through video conference.
The appellant inter alia submitted that replies given by the PIO and the FAA were not satisfactory as the same were incomplete. She stated that she has filed an FIR No. 40 dated 07.04.2022 under Section 406, 498-A IPC, WPS-17, U.T., Chandigarh was registered on 07.04.2022 but even after 2.5 years of registration of FIR, the challan in the said case has still not been presented so far. She stated that she is running from pillar to post for justice but all in vain. Therefore, she requested the Commission to direct the respondent to provide the complete information.
The respondent while defending their case inter alia submitted that the CPIO and the FAA had already provided point-wise replies to the RTI application, and the first appeal as per the law vide letters dated 28.04.2023 and 07.06.2023 respectively.
The respondent stated that at the time of disposal of RTI filed by applicant the Case FIR No. 40/2022 U/S 406, 498A, WPS-17 was under investigation in Women Police Station, Sector-17, Chandigarh. Similarly, at the time of disposal of first appeal filed by appellant, the said case was under investigation. So, the appellant/applicant was apprised accordingly with suitable information. The respondent informed that after the detailed investigation of Case FIR No. 40/2022 U/S 406, 498A, WPS-17, Chandigarh, challan has been put in court on 05.03.2024. Next date in court has been fixed for 03.01.2025.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that since, the Page 3 of 4 investigation in the Case FIR No. 40/2022 U/S 406, 498A, WPS-17 was under
investigation in Women Police Station, Sector-17, Chandigarh, hence, point- wise reply was given to the appellant accordingly vide letters dated 28.04.2023.
The respondent during the hearing submitted that after the investigation of Case FIR no. 40/2022, challan has been put in court of Ld. JMIC Shri Sanjay (court Nos. 5 and 31) on 05.03.2024 and next date of hearing has been fixed by the Ld. Trial Court for 03.01.2025. The appellant submitted that this information would suffice her purpose, and she will take up her grievance with the concerned court.
In view of the above, the Commission finds that reply given by the respondent are in consonance with the provisions of the RTI Act and further intervention of the Commission is not warranted in this matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Office of the Superintendent of Police, Women & Child Support Unit, Police Headquarters, Sector 9, Chandigarh - 110017 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)