Question: Copy of Station House Diary from Police Station

[ravikumar_108]

Can the station house diary from a police station be retrieved through RTI ?

As a brief history: I got married to a girl, who had sexually transmitted diseases and realized only after I was affected after 1.5 months of wedlock. This was intentionally made by her family and her and she along with her father began to threaten to lodge false dowry harassment cases if I disclosed this to my family, or if I considered Divorce. Two of her uncles were from Police force, at neighbouring state. Intimidated, I had filed a PCR case before the magistrate court complaining against my in-laws family for the threats made to implicate me in false dowry harassment cases. The case was referred to the Police Station for the enquiry and action.

The police Sub Inspector used to call me for his station and harass and pester me for money, giving various reasons like "need money to bribe the PP" "need money to investigate the case" etc. Being naive, I obliged and lost up to 10 thousands. This was my first interaction with police in my life.

Finally, when I realized that the person was not doing any investigation but was misusing my ignorance, i did not heed to him and requested him to do proper investigation and report the truth. He tried unsuccessfully to extract money a couple of times and told that he is yet to furnish the report to the court. I did not respond positively to him.

However, on my repeated insistence he did not take any of my statement or the witnesses listed in the complaint. Nor did he provide me the FIR number he was due to register. he made false statements by himself using my neighbours name and filed a B Report in the court (with out giving me a complainant copy )

B report means the complaint is false after the investigation done.

I was deliberately kept in the dark by this Police officer, who kept lying to me that the report is not yet filed, give me money for investigation expenses etc etc.. I did not respond to him.

Recently, I went to the court and found that he had filed the report around 1 year ago. I filed for certified copies and got his report. In which he has fabricated a lot of things. including the statements of my neighbours, whom he never met, nor do they know that he has created their false witness statements in their names.

Based on the dates he has mentioned on the statements, I want to use RTI to get the station house diary for those dates.

I had two questions

1. Is it possible to get the station house diary entries for the given dates ? Can they reject that it is affecting the sovereignity and integrity of country, security interests of the state per section 8(1a) of RTI act.

2. Can the police manipulate records to cover up their deeds and to match the records, if I send a RTI application providing my case number reference ? and through my name and address the police station guys will become suspicious and safeguard their interests

3. Will the PIO of police depend on the police station to retrieve the records and do an investigation internally before providing the data ? I'm asking for the dates on which the witnesses were called and statements were recorded. Place where the investigating officer met the witnesses and the accused etc.

3. How can I nail this corrupt Police officer ?

The station house diary is a daily movement record maintained by the police staff. This contains details like any people whom he met during the course of any investigation etc etc. Can they approach and threaten my neighbours after receiving RTI from me ? what precautions do I need to take.

Cheers,

Ravi

[jps50]

Welcome to this portal having 9300 members all over India. U can definitely file RTI appln for the info of your case and PIO is bound to supply the same. I suggest that U may contact following NGOs, which are very active for RTI in Bengaluru.

MAHITHI HAKKU ADHYAYANA KENDRA
(RIGHT TO INFORMATION STUDY CETNRE)
NEW OFFICE PREMISES
AT NO.54, 17TH CROSS, M C LAYOUT, VIJAYANAGAR
(NEXT TO CANARA BANK – PANCHAVATI HOTEL BUILDING)
BANGALORE 560 040 - Ph. No. 9448704693
mahitihakku@gmail.com
and
JSD PANI, President, Mahiti Hakku Jagruiti Vedike - A group
of RTI Activists, # 168, Chelakere, Kalyananagar, Bangalore 560043
Ph; 080-41616183, 9845309028

[jiwateshwar]

Just one thing I would strongly suggest. Totally forget about the bribe part. If this fact comes up in court, then it is bound to go against you. It would be seen as your attempt to assert undue influence over the investigation process.

[ravikumar_108]

Sir,

Much obliged by your replies. I have not even completed 24 hours after registering in to this portal and I'm receiving valuable responses from learned members. I wish someday, I will be able to guide people in need of help following your example.

Thanks for your valuable suggestion for letting me know that I should not disclose the details of giving the bribe to police before the judge. I was planning to do that. I'm riled by encountering corruption at every level of the government activity. Especially the police and the judiciary.

Instead, I need to pursue different approach to implicate the corrupt official in malicious procecution cases. I know he has fabricated witness statements on fictitious dates. The police believe we are naive and do all these actions. I now find that the fault lies in people like me for not showing interest in understanding the process completely. We need to know our rights and the constitution.

I will also visit the Mahiti Hakku Vedike, the NGO and take their help. Thank you for providing the details.

Sincerely,

Ravi

[slchowdhary]

When police files FR i.e. B report, Court is supposed to invite you to protest if you so like. What happened to this ? Did you receive a notice from Court ? Did you file a protest petition ?

[ravikumar_108]

I have filed my protest memo. I'm asking the judge to take my sworn statement before the honourable court. I have to have all my documents marked during my statement recording.

However, I'm not sure how the PCR thing works completely. My advocate says that the judge has two options.
1. To send it across to the Police Station once again for reinvestigation
2. He himself arrays the accused to be present in the court and frames charges against them.

I'm hoping for Option No 2. Because, I know that the police does nothing but wastes time.

Does anyone knows where to find PCR laws ?

Thanks for reading..

[ravikumar_108]

Hi All,

Just wanted to keep everyone else updated on the topic.
Station House Diary can be retrieved through RTI ACT. I got a copy of it through my RTI.
Though Criminal Procedure Code, Section 172 reads as below:

172. Diary of proceeding in investigation.
(1) Every police officer making an investigation under this Chapter shall day by day enter his proceeding in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.

(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.

(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the court; but, if they, are used by the police officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply.

[sandeepbaheti]

That's right. RTI Act overrides all other Acts.