By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: I have asked PIO MadivalaPolice Station to provide me information and reasons for not filing additional report (B Report) in FIR 214/2012 MadivalaPolice Station CC19903 /2012 Numberin view of charge sheet filed in FIR Number 301/2012 MadivalaPolice Station by CID in CC 15735/2016 in the I ACMM Court filed against Mr Riyaz Ahmad proprietor of Classic steel Bommanhalli and others and Police cannot file charge sheet one in favor an another against the same crime and one need to be filed B Repot by filing additional report in 214/2012 MadivalaPolice Station CC19903 /2012 by MadivalaPolice Station . The Bangalore Police are THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(I) (a) (b) (c) (d) RTI Act.A criminal case generally involves the following stages, depending upon the type of case:Filing of a complaint by the informant / complainant at the police station.If the complaint relates to a non-cognizable offence, the police will not register the FIR (first information report) and will ask the informant to approach the court having jurisdiction over the area where the offence took place.However, if the complaint relates to the commission of a cognizable offence, the police will register FIR under Section 154 of the Criminal Procedure Code (Cr.P.C.).Registration of FIR is followed by detailed investigation conducted by the police. This may include recording of statements of witnesses; search and seizure of documents and other property (if any, involved); collection of other evidence, if any (such as scientific evidence, medical evidence); examination and/or arrest of accused persons, and other processes of investigation.After the investigation has been completed, police will file either the charge sheet or a closure report before the competent court, depending upon availability of evidence. This is done under Section 173 of Cr.P.C.In case of a closure report having been filed, the informant / complainant may be given a chance by the court to oppose the closure of the case.In case of a charge sheet having been filed, cognizance of the offences committed is taken by the court (under Section 190 of Cr.P.C.).If the offence is triable exclusively by the Sessions Court, then the case will be committed to the Sessions Court. Otherwise, the Magistrate court will continue to handle the case.Next stage is the framing of charges if there is prima facie evidence against the accused person(s). However, if no prima facie case is made out, the accused will be discharged.If charges are framed, the next stage will be the recording of evidence of prosecution witnesses. This also includes their cross-examination by or on behalf of the accused persons.Next stage is the recording of statements of accused persons under Section 313 of Cr.P.C.Thereafter, recording of evidence of defence witnesses, if any, is done by or on behalf of the accused.In the next stage, final arguments take place (may be oral as well as written).Judgment delivered by the court. It may result in conviction or acquittal of accused persons, depending upon whether or not the charges are proved by evidence adduced by prosecution.In case of conviction of accused persons, sentence is awarded to the accused persons after hearing them on the question of sentence.What has been mentioned above is only a broad outline of the procedure followed in a criminal case. There may be many deviations in the above procedure depending upon the complications involved in a case; for example, in a corruption case, sanction may be taken from the competent authority to prosecute the accused public servant after completion of the investigation but before filing of the charge sheet.
RTI is a total problem solving mechanism and poor man's tool to solve his problems and not just record providing tool RTI Act is not just 2(f) .It provides transparency under 2(f) and4(1) (a) (b) (c) and Accountability under 4(1)(d). 4(1)(d) is check on whether public authority function under and as per 4(1) (a) (b) (c).RTI is a total problem solving mechanism and not just record providing tool.RTI will provide transparency and Accountability and this reduces the corruption. This information and reasons need to be provided to me as per Guide on RTIto Information Act 2005 published by the Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training (available here :http://rti.gov.in/RTICorner/Guideonrti.pdf) on page 12 and Para 9, following is stated: Providing Reasons for Decisions: The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication .Attention is also invited towards the thread 'Affected Person ' under RTI ACT. In fact, it can be said that "Affected" refers back to an action. The"Affected Persons" are the ones who are affected by that action. The reasons need to be given to affected person and copy of that can be given to me under 2 f of RTI Act. The Co-Opeartion Department is THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d).