Central Information Commission
Shailender Singh vs Delhi Police on 11 November, 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/2023/140680.
Shri SHAILENDER SINGH. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Delhi Police.
Date of Hearing : 07.11.2024
Date of Decision : 07.11.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 11.04.2023
PIO replied on : 03.05.2023
First Appeal filed on : 26.05.2023
First Appellate Order on : 06.07.2023
2 Appeal/complaint received on
nd : 11.10.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 11.04.2023 seeking information on following points:-
"1. Please provide me the details of Crpc 41a summons issued to all the accused. 2.Please provide me the date and time along with acknowledge copy received by all the accused from your side.
3.Please provide me any reply that has been provided by accused to you via email or via Whatsapp along with the acknowledgment receipt as per Delhi High Court Guideline.
4. Please provide me attested or certified copy of the FIR #0141 dated 10/03/2023 at PS Sagarpur Southwest Delhi-110046 lodged by my wife Mrs. Priyanka Gupta W/O Shailender singh."
The CPIO, Addl. Dy Commissioner of Police-II, South West Delhi vide letter dated 03.05.2023 replied as under:-
"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. First Appellate Authority ie, Page 1 of 2 Deputy Commissioner of Police, South West District, Vasant Vihar, New Delhi-110007"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 26.05.2023. The FAA, Dy Commissioner of Police-II, South West Delhi vide order dated 06.07.2023 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/Add. DCP/SWD vide letter No. 2913 (ID-
590)/RTI Cell(D-1)/SWD,dated 03.05.2023 with in stipulate time period. After persal 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/Addl. DCP/SWD is directed to reconsider the RTI-application and provide the requisite information or a apposite reply to the appellant within 3 weeks from the date of receipt of this order as per RTI Act, 2005. Apen 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, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Shri Vjjay Kumar ; Shri Manoj Kumar The CPIO submitted that the chargesheet along with the complete records of the case has been filed before the Hon'ble Court.
Decision:
Upon the perusal of the case records and the submissions made by the parties, the Commission finds that an appropriate reply has been provided by the CPIO as per the provisions of the RTI Act, 2005. Hence, no further action is required. 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 2 of 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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