Central Information Commission
Mr.Krishan Kumar Mittal vs Ministry Of Home Affairs on 7 December, 2011
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/001218
Dated: 07.12.2011
Name of Appellant : Shri Krishan Kumar Mittal
Name of Respondent : Delhi Police, South East District
Date of Hearing : 28.11.2011
ORDER
Shri Krishan Kumar Mittal, the appellant has filed this appeal dated 2.7.2011 before the Commission against the Delhi Police, South East District for not providing information to his RTI-request dated 16.3.2011. The matter came up for hearing on 28.11.2011. The appellant was absent, whereas the respondents were represented by Shri Pawan Kumar, APIO, Shri A.K. Singh, SI and Shri Harish Chander, Inspector.
2. The appellant filed an RTI-request dated 16.3.2011 seeking information on two queries - "(1) A lookout circular has been issued in the name of my son Mr. Binay Kumar son of Shri Krishan Kumar Mittal on 30/31.8.2010 under FIR No. 315/2009 lodged by Ms. Sumedha Jain of E-441, Greater Kailash, New Delhi in Sept/October, 2009. Please supply a copy of the lookout circular and (2) Please inform the procedure as to how this circular has to be withdrawn. The complainant has already withdrawn her divorce petition from the court of the Addl. District Judge, Patiala House Court, New Delhi on 18.10.2010 and her divorce petition already stand dismissed as withdrawn". The PIO vide letter No. ID- 569/3540/RTI Cell/South-East Distt dated 20.4.2011 informed the appellant that the requisite information pertains to case FIR No. 315/2009, u/s 498A/406/34 IPC, PS Chitranjan Park which was pending investigation and declined to provide information as per the provisions of Section 8(1) (h) of the RTI Act.
2 Case No. CIC/SS/A/2011/0012183. Aggrieved by the reply of the PIO, the appellant preferred first-appeal dated 28.4.2011 before FAA. The FAA, vide order No. 311-313/RTI/A.SEC/Addl.CP/SED dated 1.6.2011 upheld the reply of PIO. The appellant was advised to consult a good law book/lawyer for information about the procedure of withdrawal of Look Out Circular.
4. During the hearing the respondent submitted that requisite information as per record has been provided to the appellant. Now a fresh report has been obtained from the SHO, C.R. Park, which revealed that a final report u/s 173 Cr. P. C. for cancellation of the case has been filed in the Court concerned and the matter is pending trial. The next date of hearing in the case is fixed for 9.2.2012
5. Having heard the respondent and perused the relevant documents in file, the Commission observes that the holder of information relating to the Look Out Circular is Intelligence Bureau. Hence, the PIO is hereby directed to transfer the RTI-application to the holder of information i.e. Intelligence Bureau u/s 6(3) of the RTI Act within one week of the receipt of this order.
The matter is accordingly disposed of with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Krishan Kumar Mittal, 79, Teg Colony, Kheri Road, Patiala-147001.
The Additional Dy. Commissioner of Police & PIO, Delhi Police, South East District, Sarita Vihar, New Delhi-110044.
The Deputy Commissioner of Police & FAA, Delhi Police, South East District, 3 Case No. CIC/SS/A/2011/001218 Sarita Vihar, New Delhi-110044.