⚖️ Analysis of the RTI Request and Underlying Bipolar Matter

This document presents a thorough analysis of the provided RTI (Right to Information) Request filed with the Superintendent of Police Office, Mirzapur (Registration No. SPMZR/R/2025/60112). The request pertains to a complex “bipolar” matter involving a significant tax fraud, which has not only raised concerns regarding the financial integrity of certain individuals involved but has also prompted a wider investigation into the systemic failures that may have allowed such misconduct to occur. Furthermore, it addresses the alleged misuse of the applicant’s Permanent Account Number (PAN), a situation that poses a serious threat to personal financial security and raises questions about identity theft and the potential ramifications for innocent parties. Through meticulous examination, this document aims to unravel the intricate details surrounding these issues, offering insights that could be crucial for both legal proceedings and public awareness.

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🏛️ The Bipolar Nature of the Case

The applicant, Yogi M P Singh, describes the issue as “bipolar,” indicating two intertwined but distinct areas of investigation:

Pole 1: Tax Fraud and Central Investigation

The first pole is a tax fraud amounting to Rs. 350 million (35 Crores INR).

• Subject of Investigation: The Intelligence and Criminal Investigation Wing of the Department of Income Tax, Government of India.
• Corruption Control: The role of the Central Bureau of Investigation (CBI) is mentioned as controlling corruption, implying a potential intersection of the tax fraud and public corruption.
• Key Allegation: The fraud was allegedly committed by “fraudulent elements” who misused the applicant’s PAN to register approximately 200 companies/firms. This misuse is evident in the Annual Information Statement (AIS) and Tax Information Summary (TIS) available on the Income Tax Department’s website.

Pole 2: PAN Misuse and State Police Investigation

The second pole focuses on the specific ways the applicant’s PAN was misused, which is the subject of a State Police investigation (Superintendent of Police Office, Mirzapur).

• Alleged Misuses:
  1. Loans taken from banks by the fraudulent elements.
  2. Tax fraud of Rs. 350 million by the fraudulent elements, a practice that the applicant claims is continuing parallel with the police investigation.
• Timeline Concern: An First Information Report (FIR) was reportedly registered on 11th November 2023, but as of 11th May 2025 (the filing date of the RTI), “no breakthrough” has been achieved. The applicant expresses a strong concern that government departments themselves are shielding the corrupt elements.

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📝 RTI Application: Information Sought

The RTI application, dated 11th May 2025, is specifically addressed to the Superintendent of Police Office, Mirzapur, and requests point-wise information regarding the progress of their investigation, which is focused on the misuse of the PAN.

Point	Information Requested	Investigative Focus (Police)
1	Action taken against the 200 fraudulent companies/firms that misused the PAN for tax evasion.	Identifying and acting against the entities involved in the fraudulent use of the PAN.
2	Action taken by the police to obtain information from the Department of Income Tax about the bank accounts linked to the PAN, in which payments were made by these 200 companies.	Tracing the financial flow (money trail) by obtaining details of the accounts where the fraudulent payments were routed.
3	Progress report regarding the police’s investigation into these 200 companies/firms that fraudulently made payments to the taxpayer.	Overall status of the police investigation concerning the fraudulent payments and entities.
4	Progress of the police investigation regarding the fraudulent address associated with the PAN: PAN: GSWPS080Q, Name: Mahesh Pratap Singh, Registered address: 05,04, Raipur, Raipur Chhattisgarh, PIN Code-492001.	Investigating the identity fraud aspect and the fictitious registration details used in the tax system.
5	Copy of the communications made with the Department of Income Tax to know about the bank accounts in which the Rs. 350 million was transacted/flown by the fraudulent elements.	Documenting inter-departmental efforts to trace the laundered funds.

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💡 Interpretation and Next Steps for the Applicant

The applicant is essentially seeking transparency and accountability from the local police regarding their investigation into the misuse of the applicant’s identity (PAN) and the consequent financial fraud. The frustration stems from the perceived lack of progress over a significant period (over 18 months since the FIR).

Key Takeaways

• Dual Jurisdiction: The matter involves two parallel investigations: The Income Tax Department/CBI focusing on the tax evasion/corruption angle, and the State Police focusing on the identity/PAN misuse and criminal fraud angle. The police investigation is crucial for establishing the criminal liability of the fraudulent elements.
• The Power of the RTI: The RTI process compels the Superintendent of Police Office, Mirzapur (PIO Om Prakash Singh), to officially respond with documented information regarding the steps taken by the police team on the five specific points. A vague or unsatisfactory response can be challenged through the First Appeal and subsequently to the UP State Information Commission.

The PIO’s Obligation

The PIO is legally bound to provide the information requested within the stipulated time (30 days), provided it falls under the definition of “information” under the RTI Act, 2005. Specifically, the police must provide copies of records (like progress reports, communications, or action-taken reports) that are held by the public authority.

• The response for points 1, 3, and 4 should detail the specific investigative actions taken, such as:
  • Issuing notices/summons to the 200 companies.
  • Visiting the fraudulent address in Raipur.
  • Recording statements or conducting searches.
• The response for points 2 and 5 should provide copies of the official letters sent to the Income Tax Department/banks requesting financial and bank account details.

The RTI is a crucial tool in pressuring the local police to demonstrate that the investigation is actively progressing and not being deliberately stalled.

Would you like me to research the specific provisions of the RTI Act, 2005, that relate to seeking progress reports on police investigations or the grounds for filing a First Appeal against a potentially unsatisfactory response?