Central Information Commission
Prerna Kalia vs Delhi Police on 8 May, 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/2024/632559
Ms. Prerna Kalia. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Delhi Police.
Date of Hearing : 06.05.2025
Date of Decision : 06.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 30.01.2024
PIO replied on : 22.02.2024
First Appeal filed on : 20.03.2024
First Appellate Order on : 16.04.2024
2 Appeal/complaint received on
nd : 30.07.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 30.01.2024 seeking information on following points:-
"copy of the complaint filed by the Prerna Kalia Against her husband Siddharth Kalia and his family in CAW Cell Kirti Nagar, Complaint no.904/2021
Copy of the Written statement of prerna kalia and record maintained of all session at CAW Cell Kirti Nagar In the complaint filed by the Prerna Kalia"
The CPIO, Addl. Dy commissioner of Police, West Delhi vide letter dated 22.02.2024 replied as under:-
"In this regard, it is to inform you that your complaint No. 904/2021 was sent to SHO/Hari Nagar for legal action on 27.12.2021, where a case FIR No. 735/2021 dated 30.12.2021 u/s 498A/406/34 IPC was registered. After investigation the case file has been submitted in the Hon'ble Court of MM, Tis Hazari Court at Room No. 158 vide RC No. 44/21/23 dated 23.01.2023. The requisite documents may be obtained from concerned court as per court rule"
Page 1 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.03.2024. The FAA, DCP, West Delhi vide order dated 16.04.2024 stated as under :-
"Keeping in view of present appeal, the undersigned carefully gone through the information sought by the appellant, information provided thereon, point raised in 1st Appeal as well as concerned RTI file and reached on the decision that the CPIO/West District has provided appropriate reply to the appellant within the stipulated period under RTI Act-2005 on her initial RTI request. However, on receipt of present appeal, fresh comments from the CPIO/West District have again been obtained who intimated that said the case FIR No. 735/2021 u/s 498A/406/34 IPC PS Hari Nagar was filed before the Hon'ble Court on dated 02.02.2023 and the appellant can get the requisite information from the concerned court. Thus, the information so provided by CPIO/West is found to be correct and no more information in the matter is required to be provided by the undersigned, under provision of RTI Act, 2005."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present in person Respondent: Mr. Mukesh Inspector, PS Hari Nagar, Mr. Yogesh, RTI Cell west- participated in the hearing.
The Appellant stated that the relevant information has not been furnished to her till date. She further stated that she had sought copy of her complaint and all the records maintained of all session at CAW Cell Kirti Nagar related to her case.
The Respondent stated that the complaint No. 904/2021 was sent to SHO/Hari Nagar for legal action on 27.12.2021, where a case FIR No. 735/2021 dated 30.12.2021 u/s 498A/406/34 IPC was registered. He averred that after investigation the case file has been submitted in the curt of MM, Tis Hazari Court at Room No. 158 vide RC No. 44/21/23 dated 23.01.2023. They stated that the requisite documents may be obtained from concerned court as per court rule. They also offered inspection of documents as available in their official records.
Decision:
Commission based on the averment made by the parties during hearing, directs the PIO to provide an opportunity to the Appellant or her authorised representative, to inspect available and relevant records as sought in the instant Page 2 RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and/or in writing.
Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of prescribed fees as per RTI Rules, 2012. However, no information shall be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005. In case, relevant record contains any third-party information or any other exempted information then same must be redacted or blacked out as per section 10 of the RTI Act prior to the said inspection.
The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. No further action lies.
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 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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