Central Information Commission
Mr. Ramesh Kapur vs Ministry Of Home Affairs on 23 December, 2013
CENTRAL INFORMATION COMMISSION
CLUB BUILDING (NEAR POST OFFICE)
OLD JNU CAMPUS, NEW DELHI110 067
TEL: 01126179548
Decision No.CIC/SS/A/2013/000690/VS/05751
Appeal No.CIC/SS/A/2013/000690/VS
Dated: .01.2014
Appellant: Shri Ramesh Kapur,
R/o 28C, Mansarovar Aptt., Sector61,
Noida201 303.
Respondent: Public Information Officer,
Asstt. Commissioner of Police,
Economic Offences Wings: Crime Branch,
Police Station Mandir Marg Complex,
Mandir Marg, New Delhi110 001.
Date of Hearing: 23.12.2013
ORDER
RTI application:
1. The appellant filed an RTI application on 15.09.2012 seeking information pertaining to a complaint regarding a certain forgery.
2. The PIO responded on 19.10.2012 and denied information to the appellant under section 8(1)(h) of the RTI Act. The appellant filed a first appeal on 12.11.2012 with the first appellate authority (FAA). The FAA responded on 15.12.2012. The appellant filed a second appeal on 23.02.2013 with the Commission.
Hearing:
3. The appellant did not participate in the hearing. The respondent participated in the hearing.
4. The respondent stated that the appellant had submitted an RTI application on the basis of power of attorney, in the context of alleged forgery and family dispute involving the validity of will and misrepresentation. The respondent explained that the complainant, in parallel to the police process involving investigation, also approached the court and that due to the emerging possibility of double jeopardy the police closed its process.
5. The respondent explained that earlier the respondent had taken the cover of section 8(1)(h) of the RTI application to deny the information because the matter was under investigation.
6. The respondent explained that subsequently they have closed the matter and updated the appellant by a letter dated 31.01.2012.
Decision:
7.The Commission's intervention is not required in the matter in the light of para 6 above.
The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer