Central Information Commission
Kalyan Halder vs National Crime Record Bureau on 4 June, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NCREB/A/2024/646000.
Shri. KALYAN HALDER. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
National Crime Record Bureau.
Date of Hearing : 02.06.2025
Date of Decision : 02.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 16.09.2024
PIO replied on : 20.09.2024
First Appeal filed on : 20.09.2024
First Appellate Order on : 16.10.2024
2 Appeal/complaint received on
nd : 17.10.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 16.09.2024 seeking information on following points:-
"SUBJECT I kalyan halder filing RTI to national crime record bureau under section 6 bracket 3 of RTI act 2005 and want to seek information from national crime record bureau by transferring my application to another public authority that is state crime record bureau Kolkata as it is the function of the national crime record bureau to collect and analyze crime data in india under the Ministry of Home Affairs MHA Government of India to enhance planning and decision-making processes through the effective use of crime-related information and coordinating guiding and assisting the function of state crime record bureau Kolkata.
1) Here the repeated crimes is being conducted by the state police authority that is the local police station of state west Bengal police official that is assistant sub inspector named mrinal kumar paul for issuing three fresh warrants related to section 107 crpc or bharatiya nagrik suraksha sanhita act and without serving the fresh three summon order dated 6th august 2024 to kalyan halder residence by this police official issued illegally from the special executive magistrate named subir roy office at barrackpore police commissionerate samriddhi complex 1st floor opposite main gate of barrackpore court pin 700120 without conducting an enquiry under section 116 of the crpc in Page 1 connection with maintaining peace and order under Sec 107 of the CrPC and based on false fabricated evidence as a video made by group of criminals namely-goutam das, partho debnath, binu debnath, mantu das, sima das, putul das daughter of sima das does not show or prove any kind of breach of peace and tranquility ever committed by kalyan halder and anita halder the assistant sub inspector named mrinal kumar paul has issued 3 warrants and arrested kalyan halder and anita halder dated 15th september 2024 at around 12 50 afternoon.
2) Further a series of extortion extra charges being extorted by this ASI named mrinal kumar paul at local police station noapara on 15th september 2024 at around 5 50 PM while issuing bond in the three arrest memo where fine of rs 200 each is being written while we are being released on bail by our advocate named suraj kumar jaishwara, mobile number 9831724996 but our advocate is being told by the ASI mrinal kumar paul to take rs 2500 for releasing us on 15th september 2024 which shows serious charges of extortion syndicate conducted by ASI named mrinal kumar paul"
The CPIO, Deputy Director vide letter dated 20.09.2024 replied as under:-
"This is with reference to your online RTI Application No. NCREB/R/E/24/00782 dated 16.09.2024, shown on portal on 17.09.2024 seeking information under RTI Act, 2005. In this regard, it is informed that under the provisions of RTI Act 2005, only such information is supplied which is held by or under the control of Public Authority. Since no information is held by CPIO, therefore, your both RTI applications are transferred to Public Information Officer/ Superintendent of Police (RTI), State Crime Records Bureau, Araksha Bhawan, DJ Block, Sector-II, Salt Lake City, Kolkata 700091, West Bengal, under section 6 (3) of RTI Act 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.09.2024. The FAA, Joint Director (CCTNS) vide order dated 16.10.2024 stated as under :-
"This is in reference to your two online RTI Appeal No.s NCREB/A/E/24/00097 and NCREB/A/E/24/00098 dated 20.09.2024 against the reply furnished by CPIO on 20.09.2024 to your RTI Application No. NCREB/R/E/24/00782 dated 16.09.2024.
2. I have gone through your RTI Application and reply furnished by the CPIO on 20.09.2024. Since the information sought was closely related to another CPIO, your RTI Application was rightly transferred under Section 6(3) of RTI Act 2005 to Public Information Officer/ Superintendent of Police (RTI), State Crime Records Bureau, Araksha Bhawan, DJ Block, Sector-II, Salt Lake City, Kolkata 700091, West Bengal.
3. The requisite information will be provided by the concerned Public Information Officer as per RTI Act 2005.
4. Your both appeals are disposed off accordingly."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 2 Facts emerging in Course of Hearing:
Appellant: Present over call Respondent: Dr Prasun Gupta, Deputy Director The written submission of the CPIO were taken on record. Further, submissions were heard.
Decision:
Upon the perusal of the case records & submissions, the Commissions observes that an appropriate reply has been provided by the CPIO. No further action lies.
The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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