Police is registering my f.i.r regarding r.ti. matter
Police is registering my f.i.r regarding r.ti. matter
31-Mar-2026 (In Criminal Law)
I file an RTI in labour dep but p.i.o reply me after 1 month and he practice backdating in reply letter this act amount to cheating and forgery. Also the reply letter stated that your information from point 1 to 8 is available you avail it after paying the fees. But pio give me partial information.
I complaint this on my area police station but didn't register f.i.r so i complaint SSP u/s173(4) but SSP didn't act. I am thinking to go with a magistrate. (Can I have any remedy to prosecute police)
File a detailed complaint before the Magistrate under Section 156(3) CrPC along with all documents RTI application, reply, complaints to police the Magistrate can direct police investigation and monitor the same. You can simultaneously pursue RTI appeal remedy for the information denial.
I have reviewed your query regarding the backdating of the RTI response and the subsequent police inaction. Your case appears to involve serious elements of forgery and non-performance of duty by public officials.
To discuss the specific legal remedies available to you—including filing a private complaint before a Magistrate under Section 156(3) of the CrPC—I suggest we meet in person. Please contact my office to schedule an appointment at your earliest convenience so we can review your documents and finalize the next legal steps.
Best Regards,
Advocate Sudesh
From the facts stated, there are two separate issues involved — (1) improper/partial information under RTI, and (2) alleged backdating and inaction by police.
Firstly, regarding RTI:
If the PIO has provided incomplete information or delayed reply, your primary remedy lies under the RTI Act itself. You should file a First Appeal before the First Appellate Authority within 30 days, and thereafter a Second Appeal/Complaint before the State Information Commission. The Commission can impose penalty on the PIO for delay or deficiency.
Secondly, regarding alleged backdating/forgery:
Mere delay or incorrect reply does not automatically amount to offences like cheating or forgery unless there is clear evidence of intentional falsification of record. This needs to be proved with strong material.
Thirdly, remedy against police inaction:
Since your complaint was not registered, you have already taken the correct step by approaching the SSP. If no action is taken, you can:
File an application before the Magistrate under Section 156(3) CrPC seeking direction for registration of FIR
Alternatively, file a Complaint Case under Section 200 CrPC and lead evidence
Yes, approaching the Magistrate is the proper and effective remedy at this stage.
However, courts generally expect that RTI-related grievances be addressed through the RTI appellate mechanism first, unless there is clear criminal intent supported by evidence.
So, you should proceed parallelly:
(1) RTI Appeal for complete information
(2) Magistrate application if you have proof of deliberate wrongdoing and police inaction
This will strengthen your case legally.
Your matter is not just an RTI issue anymore — it has criminal and procedural implications.
From what you have stated:
• PIO replied after delay and allegedly backdated the reply
• Information was claimed to be available but only partial information was given
• Police refused to register FIR
• Even complaint to SSP has not resulted in action
This clearly indicates systemic inaction, and if not handled correctly now, your complaint can be buried permanently.
Legally, the situation involves serious offences like forgery, fabrication of record, and cheating, but the biggest mistake people make at this stage is filing a weak or technically incorrect application before Magistrate — which gets dismissed.
If you directly go to court without structuring your case properly:
• Magistrate may refuse to order FIR
• Police inaction remains unchallenged
• Your entire effort under RTI becomes ineffective
What needs to be done is a strategic approach, not just filing a complaint:
• Properly structured application under Section 156(3) CrPC
• Clear proof of backdating and suppression of information
• Legal grounds showing police failure despite complaint
• Positioning the case so that court is compelled to act
Also, action against police is possible, but only when procedural compliance is shown perfectly — otherwise courts do not entertain such allegations.
This stage is critical. One wrong filing can close your remedy.
If you want, I can review your documents and guide you on:
• Whether your case is strong for FIR direction
• How to proceed against PIO and police legally
• Drafting a proper application that actually gets admitted
I take up such matters in a structured way.
Consultation is ₹1000, after which I will guide you step-by-step and help you proceed correctly.
Adv. Vaibhav Sangam Mishra
High Court, Uttar Pradesh
Sangam & Sagar Law Office LLP
there is a provision under Right to information act of filing a first appeal and second appeal before the authority where you can address your issue. You should contact some lawyer and get your first appeal file under the prescribed format and after that you can get all the information which you want.
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.