Police provided misleading information to 80 years old senior citizen Shambhu Nath Shukla so later made appeal against them

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Registration Number :SPMZR/A/2023/60039

Name :Shambhu Nath Shukla

Date of Filing :18-10-2023

Request filed with :SUPERINTENDENT OF POLICE OFFICE MIRZAPUR

 Contact Details  

Telephone Number :9454401105

Email-ID :addlspopmzr@gmail.com

Online RTI Appeal Form Details

Public Authority Details :-   

* Public Authority SUPERINTENDENT OF POLICE OFFICE MIRZAPUR  

Personal Details:-

* Name Shambhu Nath Shukla

Gender Male

* Address Village Naugaon , Post Nadini, Police station Vindhyachal

Districts Mirzapur

Pincode 231303

State Uttar Pradesh

Educational Status Literate

Phone Number Details not provided

Mobile Number +91-8127704505

Email-ID shambhunathshukla945[at]gmail[dot]com

Citizenship Indian

* Is the Applicant Below Poverty Line ? No

First Appeal Details u/s 19(1) :-

Registration Number SPMZR/A/2023/60039

Date of Filing 18/10/2023

Concerned Appellate Authority Nodal Officer

Phone No Details not provided

Email Id Details not provided

* Ground For Appeal Provided Incomplete,Misleading or False Information

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

* Prayer or Relief Sought Public information officer in the office of Superintendent of police district Mirzapur must provide the following information to the information seeker point wise as follows. 

1-Please provide the reason for dealing with the matter concerning the cheating with the applicant by the opposite party under the sections of criminal procedure code 107 and 116 which are preventive measures. 

Instead of providing reason, PIO only justified his illegal stand. Police are habitual to misuse section 151/107/116 of Cr.P.C. without application of mind. 

2-Numerous applications submitted by the information seeker to register the case against the opposite party but the case has not been registered by the S.H.O. Vindhyachal, please provide the reason for it. 

PIO is already prejudiced in the favour of the opposite party because without registering F.I.R. in the matter decided the fate of the case. There is no need for an investigation for registering F.I.R. as investigation of F.I.R.is subsequent stage under Cr.P.C. Without collecting evidence, I.O. reached the conclusion to free the opposite party who cheated information seeker. 

3-Please provide the price of the sold land of the information seeker if the investigation officer investigated so. 

Here information seeker/appellant has not sought valuation of sold land but seeking total payment made by purchaser to seller of land because it is part of investigation. Since I.O. more interested to free cheaters from clutches of law so adopting a partial approach in the matter. 

4-Investigation officer must provide the measurement of the land and the amount paid by the opposite party to the applicant if he checked the transaction details made by the opposite party as part of investigation. 

How the payment can be described in paper of the registry if it was made after the registry and the entire payment made by transactions through the bank. This information is also misleading and away from fact. Registry was executed on trust which was breached by the opposite party. 

5-Public information officer must provide the reason for not transferring the matter concerning the illegal cutting of the green mango tree without prior permission of the department of forest to the department of forest as it concerns the protection of environment and ecology.

 Reply made by I.O. under this point is ultra-vires to his power because it comes under the ambit of the department of forest not police and police had to inform the department of forest only. Department of forest is equipped with such personnel who can make enquiries and take appropriate action into the matter. 

Please provide the above 5 point information to the information seeker within the stipulated time of 30 days as prescribed under subsection 1 of section 7 of the Right to Information Act 2005.

Supporting document ((only pdf upto 1 MB)) Supporting document not provided

RTI Application Details u/s 6(1) :-

Registration Number SPMZR/R/2023/60154

Date of Filing 08/09/2023

PIO of Public Authority approached mahesh singh atri

Designation mirzapur

Phone No 9454401105

Email Id addlspopmzr@gmail.com

PIO Order/Decision Number Details not provided

* PIO Order/Decision Date

 Registration Number SPMZR/R/2023/60154

Name Shambhu Nath Shukla

Date of Filing 08/09/2023

Status REQUEST DISPOSED OF as on 16/10/2023

Reply :- answer to shambhu nath

View Document

  Nodal Officer Details  

Name AJAY KUMAR SINGH

Telephone Number 9454401105

Email-ID addlspopmzr@gmail.com

Online RTI Request Form Details

Public Authority Details :-

   

* Public Authority SUPERINTENDENT OF POLICE OFFICE MIRZAPUR

   

Personal Details of RTI Applicant:-

Registration Number SPMZR/R/2023/60154

Date of Filing 08/09/2023

* Name Shambhu Nath Shukla

Gender Male

* Address Village Naugaon , Post Nadini, Police station Vindhyachal

Districts Mirzapur

Pincode 231303

State Uttar Pradesh

Educational Status Literate

Phone Number Details not provided

Mobile Number +91-8127704505

Email-ID shambhunathshukla945[at]gmail[dot]com

Citizenship Indian

* Is the Applicant Below Poverty Line ? No

RTI Application Details u/s 6(1) :-

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

* Description of Information Sought Sir, it is clear that whatever payment has been made to the applicant by the opposite party, has been done through the bank and payment done after execution of registry and that is clear from transaction details. Sir, if the police investigated the price of land at the local level and whatever has been paid to the applicant is the fair price of the land, then the whole matter would have been clear like a mirror. Sir, it is true that the applicant is an 80-years-old man, so it cannot be expected that the applicant can force and whatever price was fixed to be paid after the registry which is quite obvious from bank transactions. Whether Sub-Inspector will tell the applicant what is the fair price of the land, his report is partial and in the interest of the opposition because before him the opposition admitted that they have cut the mango tree and was paying Rs.3000 for it as compensation but he denied in his report cutting of green mango tree reflects his partiality. In short, I can say that in his report investigation officer submitted clutters not the substance of the matter. The applicant has made the allegations of cheating against opposite party but the investigation officer instead of taking action against opposite party by pursuing the allegations of the applicant he only shielded the opposite party by implicating them under criminal procedure code 107 and 116 which are preventive measures only and not sufficient in the matter of cheating. Thus the applicant observe that police has submitted arbitrary and inconsistent report in the following grievance submitted by the applicant before the government of Uttar Pradesh. 

Public information officer in the office of Superintendent of police district Mirzapur must provide the following information to the information seeker point wise as follows. 

1-Please provide the reason of dealing the matter concerning with the cheating with the applicant by the opposite party under the sections of criminal procedure code 107 and 116 which are preventive measures. 

2-Numerous applications submitted by the information seeker to register the case against the opposite party but still case has not been registered by the S.H.O. Vindhyachal, please provide the reason of it. 

3-Please provide the price of the sold land of the information seeker if the investigation officer investigated so. 

4-Investigation officer must provide the measurement of the land and the amount paid by the opposite party to the applicant if he checked the transaction details made by the opposite party as part of investigation. 

5-Public information officer must provide the reason of not transferring the matter concerning the illegal cutting of the green mango tree without prior permission of department of forest to the department of forest as it concerns to protection of environment and ecology.

 Please provide the above 5 point information to the information seeker within stipulated time of 30 days as prescribed under subsection 1 of section 7 of the Right to Information Act 2005. 

* Concerned PIO mahesh singh atri

Designation mirzapur

Phone No 9454401105

Email Id addlspopmzr@gmail.com

Supporting document ((only pdf upto 1 MB))