Karnataka HC: Provide copy of report with enclosures when the investigation in the matter had been concluded

Background

The son of Sri Malleshappa M. Chikkeri was stated to have ended his life by jumping out from the window and it was stated by the Authorities that he had died due to over drinking. Sri Malleshappa M. Chikkeri had filed an application under the RTI Act seeking information regarding the B-Report that was filed after investigation, contending that the stigma was attached to his family by furnishing of the B-Report.

View of SIC

The State Information Commission (SIC) observed that there was no prohibition to give information sought for since the investigation was already completed. The SIC noticed that only in the event the matter was under investigation, there was a bar for grant of the information regarding the investigation.

The SIC directed to hand-over and furnish the B-Report and the enclosures to the applicant.

View of High Court

The petitioners contended that it was open for Sri Malleshappa M. Chikkeri to secure B-Report and enclosures from the Magistrate. The High Court held that it cannot be a ground to deny the information sought for under RTI. Therefore, no grounds are made out to entertain this petition.

The HC ruled that the SIC was absolutely justified in directing furnishing of B-Report and its enclosures as sought for by Sri Malleshappa M. Chikkeri especially when the investigation in the matter had been concluded.

Karnataka High Court in The Public Information Officer and Director General Of Police & another v. Sri. Malleshappa M. Chikkeri and SIC in W.P No.18S99/2021 CGPI-RESI dated 12.10.2021

After the investigation, the police usually file three types of reports:

A) that is Charge Sheet if any case is made out.

B) If no case is made out i.e. if it is found that no offence can be made out such complaint against the accused then such a report shall be filed.

C) If accused is not traced out, the investigation shall be kept in abeyance till accused is traced out.