Land grabbing is criminal matter is dealt under Cr.P.C. and I.P.C., land dispute in which title is decided through verdict of court is civil case

 

Registration Number SPSRN/A/2023/60011

Name Anand Kumar Tiwari

Date of Filing 01/11/2023

Status APPEAL DISPOSED OF as on 17/11/2023

Reply :- आप द्वारा मागी गयी सूचना संलग्नक है।

View Document

  Nodal Officer Details  

Name Rajesh Bharti

Telephone Number 9454401115

Email-ID aspbdi@gmail.com

Online RTI Appeal Form Details

Public Authority Details :-  

* Public Authority SUPERINTENDENT OF POLICE OFFICE SANT RAVIDAS NAGAR (BHADOHI)   

Personal Details:-

* Name Anand Kumar Tiwari

Gender Male

* Address S/O Wakil Dhar Tiwari Village Kandui , Post Darunhan, Police station Chauri Bajar, Tehsi and block Sant Ravidas Nagar Bhadohi

Districts Sant Ravidas Nagar

Pincode 221402

State Uttar Pradesh

Educational Status Literate

Phone Number Details not provided

Mobile Number +91-9029116778

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

Citizenship Indian

* Is the Applicant Below Poverty Line ? No

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

Registration Number SPSRN/A/2023/60011

Date of Filing 01/11/2023

Concerned Appellate Authority DR. Meenakshi Katyayan

Phone No 9454400307

Email Id asp-bhadohi.sr@gmail.com

* Ground For Appeal Provided Incomplete, Misleading or False Information

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

* Prayer or Relief Sought 1- Sir, the complaint of land grabbing by the applicant was made against Tej Dhar Tiwari son of Ramchandra Tiwari, in which his sons were also involved. Under which law was the investigating officer detaining the remaining three brothers and their sons under sections 151, 107 and 116 of the Criminal Procedure Code? Please provide the provisions of the law available in the country. 

Submission-Most respected Sir the information seeker knows the provision up criminal procedure code and also interested that station house officer Chauri Bazar must also read the provision of criminal procedure code and section 151, 107 and 116 of Cr.P.C. are applied on both the parties or single party from which there is apprehension of breach of peace. In the current matter police has adopted partial approach and it implicated those people in the matter who are either belonging to the victim side or do not have any interest in the matter and investigation officer have set free the offenders. In the current matter father of the information seeker had been implicated under section 151, 107 and 116 of Cr.P.C. who had departed to the heavenly abode many years ago. Public information officer could not provide information which means reason of setting free the offenders. There is no provision in the criminal procedure code to set free the offenders and in this case offenders were set free by the chauri bazar police because of corruption which is the cause they have no reason to tell the applicant. 

2- Sir, the applicant should be informed whether the complaint of the applicant was processed by the investigating officer after taking perusal of it if not done before submitting the report, then why, he should provide the reason? 

Submission-PIO did not understand the contents of the sentence quiet hour obvious from his inconsistent reply. 

3- Sir, provide the name, designation and date of joining the district of the investigating officer to the information seeker. Submission-when did the investigation officer join the district was not made available, if not available at the Chauri Bazar police station then it was available at the district headquarter. Consequently incomplete information was provided under this point. 

4- Sir, explain whether the case of land grabbing is civil or a criminal case if someone is forcibly taking the possession obvious from the matter. 

Submission-forcible possession of the land constitute the offence of land grabbing which is a criminal offence because this grabbing of land has been done by force not by the order of a competent court or magistrate. Police is escaping from the matter because of corruption. 

5-Submission-Under this point copy of the order issued by the competent court or magistrate in the matter has been sought by the information seeker which was not provided by the public information officer. Which means no such order is available to the police and land grabbers.

Supporting document ((only pdf up to 1 MB)) Supporting document not provided

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

Registration Number SPSRN/R/2023/60070

Date of Filing 15/10/2023

PIO of Public Authority approached Umeshwar Prabhat Singh Aurai

Designation circle officer

Phone No 9454401603

Email Id coaurai1@gmail.com

PIO Order/Decision Number Details not provided

* PIO Order/Decision Date