Issue with getting old complaint and records

772 votes

By reading your query, it appears that the records you want do not pertain to you personally. If this is the case, then you may not be able to get those records being third party information. If you are the husband/ wife, the you can get it by filing an RTI Application under the RTI Act, 2005. You were able to get the FIR as it is available in the public domain.

Advocate Puneet Srivastava LawRato

607 votes

Merely because the FIR was quashed does not necessarily mean that all police records have been destroyed. The original complaint, statements, correspondence, case diary and other documents may still exist, subject to the applicable record retention rules of the concerned State Police and whether the record has been weeded out under the Record Retention Schedule. After nearly 10 years, some records may have been destroyed lawfully, but the police should clearly inform you whether the records are available or have been weeded out, instead of remaining silent

Advocate Madhvi Chopra LawRato

671 votes

You need to approach the court and file for the certified copy of the complaint, mutual settlement deed and also the documents related to quashing petition. For more legal assistance I am just a call away.

Advocate Jitender Singh LawRato

964 votes

Dear Client, The police are not legally bound to preserve every complaint, representation or correspondence indefinitely. While the FIR, final report, case diary and judicial records are ordinarily maintained as per the applicable record retention rules, ancillary documents such as the initial complaint, replies submitted during enquiry, counselling records or station correspondence may have been weeded out after the prescribed retention period. The fact that the police have supplied you with a copy of the FIR but have remained silent regarding the other documents does not necessarily mean that those records never existed. It may mean that: the records are no longer available due to record destruction as per the record retention policy; the records have been transferred to the court along with the case file; they are available but have not been furnished because your application has not been processed appropriately. If you require a definite answer, you should seek a specific written response from the Public Information Officer under the Right to Information Act asking whether the records are available, transferred to another authority, or destroyed, and if destroyed, the date and authority under which they were weeded out. The police should communicate the status of the records rather than simply remaining silent. Since the FIR was quashed by the High Court on the basis of a mutual settlement, there is also a possibility that relevant documents may form part of the judicial record before the High Court or the trial court. If required, certified copies can be sought from the concerned court record, subject to the applicable rules. Therefore, after nearly a decade, there is a realistic possibility that the complaint and enquiry papers may no longer be available with the police station, but this cannot be presumed. The police should clarify their status in writing, and if they fail to do so, you may pursue the matter through the RTI appellate mechanism or other appropriate legal remedies.

Advocate Yuganshu Sharma LawRato

773 votes

Hi there, in this scenario the reason for not providing the records by the police cannot be accurately determined. However, there could be various reasons both procedural and clerical. It is suggested that you file a RTI and request those records. If you have any questions feel free to contact me.

Advocate Ishan Parashar LawRato