Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2010/000035
Name of Appellant : Sh. K. Lall
Name of Respondent : Delhi Police
Central Dist. Daryaganj
ORDER
Sh. K. Lall, the Appellant, filed an application dated 30.12.2008, before the
CPIO, seeking the following information under the RTI Act, 2005, 2005:-
“I) When you have made it mandatory to register FIR in the cognizable offence vide
ad dated 5th May, 2008 (copy enclosed), why the FIR is not registered by, PS as it related
to Economic Laws such as SEBI Act, Securities Contract Act etc the complaint has been
shunted to DCP, Central District, New Delhi. It clearly reflects that the SHO’s are
defiant to follow the nation wide published ad as quoted above. Please inform me the
status of the above complaint and reason as to why the same was not registered at EOW
PS.
II) Since my right to have the copy of FIR has been violated by the above PS, pleas
inform me the action taken.
III) Please send me the copy of FIR immediately.”
The CPIO, Central Dist, vide letter dated 25.02.2009, provided the requisite
information to the Appellant as follows :-
“I. On receipt of your complaint an enquiry was got conducted through ACP
DIU/Central District, Delhi. On enquiry it was revealed that the matter is purely civil in
nature and no police action is required. Hence your complaint was filed. A FIR is
registered only if a cognizable offence is reported. In your complaint no cognizable
offence was made out therefore, no. FIR was lodged.
II. As mentioned in point No. 1. III. N/A in view of point No. 1"
Not satisfied with the reply of the CPIO, the Appellant filed an appeal dated
16.03.2009, before the First Appellate Authority (FAA) and requested for taking
appropriate action against the concerned PIO. Vide order dated 17.04.2009, the FAA / Jt.
Commissioner of Police, Northern Range, concluded that no relief can be given to the
Appellant, as there was no such FIR lodged and no action was required to be taken
against any Officer. Not satisfied with the decision of the CPIO and FAA, the Appellant
filed a second appeal before the Central Information Commission in which he has
requested for directions to be issued to the Police to register an FIR which has not been
done on his complaint.
The matter was heard on 28.05.2010.
Sh. K. Lall, the Appellant was present.
Sh. Surinder Singh, ACP, Sh. Manu, Constable and Sh. Harbir Singh, Constable
were present.
After hearing the parties and on perusal of the relevant documents on file, the
Commission finds that complete requisite information has already been supplied to the
Appellant. Hence, no interference is called for on the part of the Commission.
(Sushma Singh)
Information Commissioner
2.06.2010