Central Information Commission
Pushpa Devi vs Delhi Police on 13 December, 2024
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/2023/141058
Ms. PUSHPA DEVI ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Delhi Police
Date of Hearing : 11.12.2024
Date of Decision : 11.12.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 13.04.2023
PIO replied on : 03.05.2023
First Appeal filed on : 30.05.2023
First Appellate Order on : 31.05.2023
2 Appeal/complaint received on
nd : 06.10.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 13.04.2023 seeking information on following points:-
1. "Please provide me attested copy of the FIR #0141 dated 10/03/2023 registered at PS Sagarpur Southwest Delhi-110046 lodged by my daughter-in- law Priyanka Gupta W/O Shailender Singh.
2. Please provide the details of the IPS officer (SP/DCP/any other) who has signed & approved the FIR #0141 dated 10/03/2023 for IPC Sections -
498A/406/354/377/12- The protection of child from sexual offences act 2012 with the attested copy of internal correspondence memo between PS Sagarpur Southwest Delhi-110046 & the concerned IPS officer upon receiving the complaint from the complainant.
3. Please Provide attested copy of the case diary before FIR was filed and after FIR was filed for FIR #0141 dated 10/03/2023 (with IPC Sections 498A/406/354/377/12- The protection of child from sexual offences act 2012) comprising details - Exact Date, Time and the Place of the alleged incidents made by the complainant.
4. Please provide me all the attested copies of case diary comprising details of the investigation done by the Investigating officer related to IPC Sections 498A/406/354/377/ 12- The protection of child from sexual offences act 2012 registered in FIR #0141 dated 10/03/2023.
5. Please provide me any Medical reports along with Hospital Name, Date and Time submitted by the complainant before filing the FIR and after filing the FIR related to IPC 498A/406/354/377/12- The protection of child from sexual Page 1 offences act 2012 registered in #0141 dated 10/03/2023 of the Investigating report.
6. Please provide me attested copies of case diary related to the investigation done by the IO of the Medical Reports submitted by the complainant related to IPC 498A/406/354/377/12- The protection of child from sexual offences act 2012 registered in FIR # 0141 dated 10/03/2023."
The CPIO-cum-Addl. Dy. Commissioner of Police-II, South West District, New Delhi vide letter dated 03.05.2023 replied as under:-
"1-6:-As per report, a case registered FIR No 141/2023, dated 10.03.2023 U/S 498A/406/354/377 IPC and 12 POCSO Act in Police Station Sagarpur on the statement of Priyanka Gupta. The case FIR No 141/2023 is pending investigation with W/SI Kamlesh Kumari Meena PS Sagarpur. Hence requisite information cannot be provided at this stage as per Section 8(1)(h) of RTI Act- 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 30.05.2023. The FAA vide order dated 31.05.2023 stated as under:-
"The undersigned has carefully considered the points raised in the appeal as well as RTI application filed by the appellant and the information provided by PIO/Addl. DCP/SWD vide letter No. 2912 (ID-617)/RTI Cell(D-
1)/SWD, dated 03.05.2023 with in stipulate time period. After perusal of reply of PIO/SWD and relevant record on file. It has been found that there is sufficient reasons to reconsider the RTI application filed by the appellant. As such, the PIO/AddI. DCP/SWD is directed to reconsider the RTI-application and provide the requisite information or a opposite reply to the appellant within 3 weeks from the date of receipt of this order as per RTI Act, 2005.
Apart from this, the PIO may deny the information or any part of information which is exempted from disclosure as per RTI Act-2005."
Aggrieved and dissatisfied with the non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Ms.Kanchan Lal, ACP & HC Manoj The CPIO has submitted a written submission dated Nil, wherein it is stated that that vide letter dated 26.07.2023 it was informed to the Appellant that charge sheet has been filed by I.O. W/SI Kamlesh Kumari Meena vide RC No. 399/21/23 dated 10.05.2023 in case FIR No. 0141/23 dated 10.03.2023 U/S 354/377/498A/406 & 12 POCSO Act (Police station Sagarpur) in Patiyala House Court New Delhi. For any information related to this case the Appellant may approach the concerned Court.
Decision:
Upon the perusal of the case records and the submissions, the Commission observes that an appropriate reply has been provided by the CPIO. The CPIO is directed to send the copy of the written submission dated Nil with annexures to the Appellant within 10 days from the date of receipt of this Page 2 order by speed post/registered post/E mail and to further send a compliance report of this order to the Commission within 01 week thereafter. 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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