Friday, August 20, 2021

PIO and FAA in the office of police commissioner Lucknow remained fail to provide information regarding drop out of section 307 by police

 




Beerbhadra Singh <myogimpsingh@gmail.com>

Appeal submitted by the appellant on 13/07/2021 but not disposed of by the First Appellate Authority in the office of police commissioner Lucknow.
1 message

Beerbhadra Singh <myogimpsingh@gmail.com>Fri, Aug 20, 2021 at 9:54 AM
To: sec.sic@up.nic.in, dcphqoffice@gmail.com, jansuchanalko@gmail.com
 An appeal under subsection 3 of section 19 of the Right to Information Act 2005 as information denied by the public information officer and first appellate authority not entertaining the first appeal submitted online before him. 
To 
                                                   State Chief Information Commissioner
                                                     U.P. Information Commission
                                                       7/7A, RTI Bhawan,
                                                      Vibhuti Khand, Gomti Nagar
                                                         Lucknow, Uttar Pradesh
      Prayer-PIO, Police commissioner Lucknow did not provide information as rejected it by taking recourse of subsection 1 j of section 8 of the Right to Information Act 2005 illegally and FAA is not entertaining the first appeal ipso facto because of insensitivity to provisions of Right to Information Act 2005. 
    With due respect the applicant invites the kind attention of the Honourable Sir to the following submissions as follows. 
1-It is submitted before the Hon'ble Sir that following is the status of the first appeal submitted online by the appellant                                 
Ground For Appeal Refused access to Information Requested
 PIO of Public Authority approached DIGAMBER KUSHWAHA
Registration Number PCLKO/A/2021/60082
Name Ashutosh Singh
Date of Filing 13/07/2021
Status APPEAL FORWARDED TO CONCERNED FIRST APPELLATE AUTHORITY as on 14/07/2021
Appellate Authority Details :- Telephone Number:- 9454400531, Email Id:- dcphqoffice@gmail.com
  Nodal Officer Details  
Telephone Number 9454401503
For more detail visit on the following link if online if offline take a glance of the documents enclosed. 
2-It is submitted before the Hon'ble Sir that 
Public Information Officer has denied entire information by taking recourse of the subsection 1 j of section 8 of the Right to Information Act 2005 which states as
information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: 
 Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. 
Sought information- 1-Police may provide the medical report submitted before the court in the matter.
2-. Whether to drop out of section 307 is the sole prerogative of the investigation officer, if yes provide the detail of the competent police officer who allowed the mockery of law and given freedom to sabotage the warrant case into summon case and paved way to shield the offenders.
3-Whether any court of law passed an order to drop out section 307 in the matter if passed, provide the copy of the order and also provide the copy of the order if senior rank police personnel passed the order to drop out section 307. 
4-Whether quantum of injuries inflicted on the aggrieved by the offenders proved on medical report is the ground of  drop out section 307 or cryptic arbitrary report of the investigation officer prepared by colluding with the offenders. Please provide reason if any provided by the investigation officer to drop out section 307.
5-F.I.R. against four offenders but charge sheet against only three, provide the reason of prosecuting agency and available comments of its investigation officer.
Here information sought concerns the working of the investigation officer who is drawing emoluments of salary from public exchequer and his accountability subjects to be fixed under Right to Information Act 2005. Section 307 is based on the medical examination report provided by the doctor concerned, not based on the investigation report. Sought information concerns the arbitrary action of the police as investigation officer acted like judge to promote corruption and maligning the image of the police, so he must provide the information as sought information is public information not private. Whether aforementioned information can not be provided to state legislature or parliament? Where is provision that information concerns working of investigation officer can not be provided to state legislature or parliament. Whether police will run away in providing its ambit under R.T.I. Act 2005? Here because of corruption, police is escaping from providing information.
3-It is submitted before the Hon'ble Sir that whether it may be public information officer or first appellate authority always keep their public mobile busy, so information seeker can not contact them, yet they may contact information seeker at any time.
4-It is submitted before the Hon'ble Sir that its hard copy along with the R.T.I. Application and First appeal will be sent to you Honourable Sir in requisite format as required under the law within prescribed time. 
 
                              This is a humble request of your applicant to you, Hon’ble Sir that how can anyone justify to withhold public services arbitrarily and promote anarchy, lawlessness and chaos arbitrarily by making the mockery of law of land? There is need of the hour to take harsh steps against the wrongdoer to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your applicant shall ever pray for you, Hon’ble Sir.

Date-20 /08/2021                                                                 Yours sincerely

                            Ashutosh Singh S/O Mr Narendra Pratap Singh Mobile number-8687593247 APC State II A  Literacy House, Kanpur Road, Lucknow.


Registration Number PCLKO/R/2021/60176

Name Ashutosh Singh

Date of Filing 09/06/2021

Status REQUEST DISPOSED OF as on 09/07/2021

Reply :- please find the attachment.

View Document

  Nodal Officer Details  

Telephone Number 9454401503

Email-ID jansuchanalko@gmail.com

Online RTI Request Form Details

Public Authority Details :-

   

* Public Authority POLICE COMMISSIONER OFFICE LUCKNOW

   

Personal Details of RTI Applicant:-

Registration Number PCLKO/R/2021/60176

Date of Filing 09/06/2021

* Name Ashutosh Singh

Gender Male

* Address APC State II Literacy house , Kanpur Road

Pincode 226001

Country India

State Uttar Pradesh

Status Details not provided

Pincode Literate

Phone Number Details not provided

Mobile Number +91-8687593247

Email-ID myogimpsingh[at]gmail[dot]com

Request Details :-

Citizenship Indian

* Is the Applicant Below Poverty Line ? No

((Description of Information sought (upto 500 characters) )

* Description of Information Sought According to the investigation officer, section 307 of the I.P.C. was substituted section 323, 504,506 of the I.P.C.  and reason was given police could not collect evidence.   

Provide the following information point wise as sought. 

1-Police may provide the medical report submitted before the court in the matter.

2- Whether to drop out of section 307 is the sole prerogative of the investigation officer, if yes provide the detail of the competent police officer who allowed the mockery of law and given freedom to sabotage the warrant case into summon case and paved way to shield the offenders.

3-Whether any court of law passed an order to drop out section 307 in the matter if passed, provide the copy of the order and also provide the copy of the order if senior rank police personnel passed the order to drop out section 307. 

4-Whether quantum of injuries inflicted on the aggrieved by the offenders proved on medical report is the ground of  drop out section 307 or cryptic arbitrary report of the investigation officer prepared by colluding with the offenders. 

Please provide reason if any provided by the investigation officer to drop out section 307.

5-F.I.R. against four offenders but charge sheet against only three, provide the reason of prosecuting agency and available comments of its investigation officer.

* Concerned PIO DIGAMBER KUSHWAHA

Supporting document ((only pdf upto 1 MB))