Deepak Kumar Malik vs Delhi Police on 22 January, 2025

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Central Information Commission

Deepak Kumar Malik vs Delhi Police on 22 January, 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/DEPOL/A/2023/643123



Shri Deepak Kumar Malik                                       ... अपीलकताग/Appellant
                                  VERSUS/बनाम

PIO,                                                      ...प्रनतवािीगण /Respondent
Delhi Police

Date of Hearing                         :   10.01.2025
Date of Decision                        :   20.01.2025
Chief Information Commissioner          :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :         21.05.2023
PIO replied on                    :         19.06.2023
First Appeal filed on             :         28.06.2023
First Appellate Order on          :         20.07.2023
2 Appeal/complaint received on
 nd                               :         12.09.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 21.05.2023 seeking information on following points:-

1) "Time spent on investigation i.e. total number of days from the date of registration of FIR till submission of the Final Report/Charge Sheet Court.

2) Total expenses incurred by PS Mahendra Park during the investigation starting from the date of registration of FIR, during/closing of investigation and filing of Charge Sheet in the Honorable Court. Please provide me all the expense statements along with bill copies like Petrol/Diesel/CNG bill receipts, Taxi bills (if any), Food bills, Toll Tax paid receipts, Lodging and Boarding bills and other expenses incurred, if any, bill copies to be supplied that were supplied to the accounts approval authority

3) Please provide me the certified true copies of all relevant documents and records, like Station house dairy, Station movement register, General Diary Entry or any entries made from the date of registration of the FIR, during/closing of investigation and till the filing of the Charge Sheet in the Honorable Court"

The CPIO, ADDL. DY. Commissioner of Police vide letter dated 19.06.2023 replied as under:-

"The report obtained from SHO/Mahindera Park through ACP/Shalimar Bagh (The principal supplier of the information) is enclosed herewith, which is self-explanatory"

Page 1 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 28.06.2023. The FAA, DY. Commissioner of Police vide order dated 20.07.2023 stated as under:-

"the appeal of the appellant is remitted back to the PIO/North West District, Delhi with the directions to provide the specific point wise information in respect of point Nos. 2 & 3 of online RTI application dated 21.05.2023 to the appellant within 04 weeks from the receipt of this order"

In Compliance with the FAA orders, the PIO provided the reply dated17.08.2023 as under

"1. 807 Days.

2. In this regard, no such record is maintained separately. Hence, no information could be facilitated.

3. The matter is pending trial before the Hon'ble Court. Hence, no such information/document could be facilitated as per section 8(1)(h) of RTI Act, 2005."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Not present Respondent: Mr. Rajbir Singh Lamba, ACP/SB/NWD, Mr. Jitender Kumar, SI, Mr. Harkesh Meena, Inspector, Mr. Vijay Singh, ASI- participated in the hearing.

The Respondent stated that the relevant information from their official record has been duly provided to the Appellant. Furthermore, chargesheet has been filed and the matter is pending in trial court.

Decision:

Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the concerned PIO. The reply is self- explanatory and information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.

Appeal is disposed off accordingly.

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 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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