Fighting 498A RTI Success Story-How To Fight 498A using RTI ACT & Using Information to Quash 498A FIR/ChargeSheet
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| 498A, How to Fight 498A, How to Quash 498A |
State Information Commission – “An opportunity is given to the respondent PIO concerned to supply the information, after removing the deficiencies, which have been pointed out by the appellant during the hearing, to him.” The Information is regarding the FIR Registered and whether the case is made out or not before registration of FIR u/s 498a/406 IPC complaints.
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False Case against Husband was filed u/s 498A/406 IPC after taking out the Parents &Brother as innocent who are living separately from the husband, The Husband further filed an RTI for Information within 48 hrs under Life or Liberty of Citizen, requesting about certified copies of information related to law laid down by Hon’ble Supreme Court under section 498A/406 IPC in the case of Social Action Forum vs Union Of India And Ors. MinstryLaw on 14.09.2018, Joginder Kumar v/s state of Bihar in 1994, D.K. Basu v/s State of W.B, Lalita Kumari v/s state of UP in 2013 and Arnesh Kumar v/s State of Bihar in 2014 and action taken by the SSP on the direction passed by Hon’ble Supreme Court in the above said cases and further requested the certified copy of information related to law laid down by Hon’ble Delhi High Court for opinion on cases made out under section 498A/406 of IPC in cases Savitri Devi vs Ramesh Chand And Ors. on 19 May, 2003 and in case Sanjeev Kumar Aggarwal & Othrs V/s State on 12.10.2007 r/w husband’s application to SSP, along with complaint to SSP by his wife that whether the case is made out or not before registration of FIR u/s 498a/406 IPC complaints. The said RTI was forwarded to PIO for the reply.
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The PIO, O/o
SSP had replied with incomplete and not satisfactory rather misleading information
by denied most of the information under section 8(1)(h) of RTI Act without any
satisfactory reason as to why disclosure of such information would impede the
process of investigation or apprehension or prosecution of offenders rather
providing the requested information as asked point vise as per the RTI
application which belongs to the O/o SSP and responsible for analyzing the
enquiry as directed by Supreme Court with the help of legal advisers whether
the case is made out or not before registration of FIR u/s 498a/406 IPC
complaints as per provision laid down in section 5(4) of RTI Act 2005.
The Husband
again filed first appeal before the Appellate Authority under RTI Act, In reply from the Appellate
Authority, the FAA directed to PIO to
provide the information to the applicant within the time frame under
information to the FAA.
The PIO again
provided incomplete information to the applicant and they had again falsely and
wrongly denied the information under section 8(1)(h) of RTI Act without any
satisfactory reason as to why disclosure of such information would impede the
process of investigation or apprehension or prosecution of offenders rather
providing the requested information as asked from point vise in the RTI
application which only belongs to the PIO had ignored and dishonored the
direction passed by
the
FAA. Aggreived from the denial of information by the
PIO, Husband further filed Second Appeal to The State Information Commission.
On Hearing both
the parties, The State Information Commission directed the PIO to provide the
information to the applicant within prescribed period.
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