interim custody of the vehicle was obtained by filing a forged power of attorney in court, this fact was brought to the notice of the court that the order was obtained by playng fraud upon the court, in result court issued notice and the party surrender the veicle to the custody of the court. I filed written police complaint for lodging of the FIR, police replied menitoning that as the matter is decided by the court i was asked to approach the court. My querey is what information is to obtained from the police under RTI application.
In the given circumstances, where interim custody of the vehicle was allegedly obtained by filing a forged Power of Attorney and the court has already taken cognizance of the fraud (resulting in surrender of the vehicle), the police cannot refuse to act merely on the ground that the matter is “decided by the court,” especially when allegations of forgery and fraud constitute cognizable offences. Through an RTI application, you may seek the following information from the police: 1. The action taken report (ATR) on your written complaint, including diary entry/DD number. 2. Whether your complaint has been registered as an FIR; if not, reasons for non-registration. 3. Certified copies of any inquiry report or preliminary investigation conducted on your complaint. 4. The name, designation, and rank of the officer responsible for handling your complaint. 5. Copies of any correspondence made by the police with the court regarding your complaint (if applicable). 6. The rules, circulars, or guidelines relied upon by the police in deciding not to register an FIR. 7. Status of the complaint as per police records (pending, closed, filed, etc.). 8. Timeline of actions taken by the police on your complaint. Please note that under the RTI Act, you can only seek “information” that is already on record; you cannot ask the police to justify their decision in the form of opinions, but you can request records that reflect their decision-making process. Additionally, if the police have failed to register an FIR despite disclosure of a cognizable offence (such as forgery or fraud), you may consider approaching the Magistrate under Section 156(3) CrPC or filing a complaint under Section 200 CrPC. This RTI exercise will help you document police inaction and strengthen your case for further legal remedies.
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