May 2, 2015
RTI to prevent victimisation in false Dowry/498a cases
just came across a well drafted RTI format from a learned friend cheeda on another legal website
here is the format for benefit of all
To,
The Public Information Officer,
Addl S.P. (Admin)
District Police Office,
Xxxxxxxxxxx District,
Andhra Pradesh
Pincode: 500000.
Subject: Application under Section 7 “Life or Liberty” of the RTI Act – 2005, as being this matter concerns to the Life and Liberty of Mr. C.Zzzzzzzzz.
Reference: 1) FIR No: x/2010, Dated: 13/0x/2010 filed at Mahila Police Station, Xxxxxx by Mrs. Xxxx yyyyy.
Respected Sir,
This has reference to the above subject matter and you are requested to provide the following information point wise in detail / complete in all respect to the FIR No: x/2010 Dated: 13th January 2010, complaint lodged by Mrs. Xxxx yyyyy at Mahila Police Station, Xxxxxx.
1) Kindly provide me with certified copies of the latest guidelines, circulars issued by you to the SHO’s and Mahila PS within your jurisdiction regarding investigation and verifying the claims of the complainant punishable under IPC sections: 498A, DP ¾ and 307 cases.
2) Kindly inform me in “Yes/No” format, if the police officers are obliged to obey orders, instructions and guidelines regarding policing given by the Apex court or any Courts?
3) Kindly inform me, if the answer to the query in Point (2) is “Yes” then:
a) Kindly provide me a copy of the circular issued by the Director General of Police, Andhra Pradesh, as per the instructions given by the Supreme Court of India in the judgment of Joginder Kumar Vs State of UP dated: 25/04/1994.
b) Kindly inform me whether or not the guidelines in the Judgment “Joginder Kumar Vs State of UP dated: 25/04/1994”, got enforced at Mahila PS, Xxxxxx, Mmmm District in FIR no: x/2010 Dated: 13th January 2010, registered by the Investigation Officer based on the complaint from Mrs. Xxxx yyyyy.
c) If the answer to the query in Point 3(b) is “Yes”, kindly provide/supply me the relevant facts and documents for your justification.
d) If the answer to the query in Point 3(b) is “No”, kindly provide/supply me the relevant facts and documents for the justification.
4) Kindly provide me the Investigation Officer (IO) details – Name, Designation, Badge Number, Office Address and Phone No who investigated for the aforesaid crime No: x/2010, Dt: January 13th 2010 registered at Mahila PS, Xxxxxx and Mmmm District.
5) Kindly inform/supply me about the preliminary actions/measures to be taken if the concerned IO/SHO at Mahila PS, Xxxxxx is responsible for case recommendations on the preliminary stage for filing of FIR on marital disputes, therefore what are the actions/ measures (like counseling or any other measures etc.) available with IO/SHO to prevent the registration of false complaints, because fabricated complaints are increasing the burden on Police and Judiciary system.
6) Kindly inform me about the preliminary actions/measures taken/followed by the IO at Mahila PS, Xxxxxx in this case FIR No: x/2010 before recommending for registration of criminal case. If the answer is “No” then please supply me with reasons for your justification in not initiating such preliminary actions/measures that are suggested/ available at the disposal of the Investigation Officer or Dowry Prohibition Officer.
7) Kindly provide me the following information (with supporting documents) regarding investigation of the aforementioned crime FIR No:x/2010 at Mahila PS, Xxxxxx:
a) Date and time when IO at Mahila PS received the Magistrate order for investigation.
b) Details of the preliminary investigations done/verified by the IO to ascertain that the statements of the complainant are true, before recommending the registration of FIR. Kindly supply me names of people / date / time / addresses that IO had interrogated in order to conclude that the offences are real and true and checked the integrity of the petition to conclude that there were no oblique motives and no attempt of blackmail and extortion by the complainant.
c) Time spent on investigation – (total number of days before/after arrest – please mention the clear breakup period of investigation before/after from the date of complaint and also after arrest/surrender of accused till submission of Charge Sheet).
d) Total expenses incurred by Mahila PS, Xxxxxx during the investigation of this crime – from the date of complaint, during/closing of investigation and filing of Charge Sheet in the Honorable Court of the Judge II A.J.F.C.M, Xxxxxxxxxxx. Please provide me all the expense statements along with bill copies like Petrol bills, Taxi bills (if any), Food bills, Toll Tax paid receipts, Lodging and Boarding bills and other expenses incurred, if any, bill copies to be supplied that were supplied to the accounts approval authority.
e) Kindly provide me with the date and time, when the Xxxxx Police station, Medak District were first informed by the Mahila Police station, Xxxxxx about the above crime FIR No: x/2010 to serve arrest warrants against all accused residing at Xxxxxx PS limits. Please provide me the certified true copies of all relevant documents and records, like station house dairy, station movement register, or any entries made w.r.t this information, which the PIO deems relevant and necessary to disclose and maintained at Mahila PS, Xxxxxx for this requested information.
f) Kindly provide me with the date, time and communication medium used, when the Mahila Police station, Xxxxxx first informed all the accused about the said crime FIR No: x/2010 to make arrests or informed them about the registered criminal case. Please supply me the necessary documents or records for your justification, if there is any delay by more than a day from the date of the complaint received by the IO.
g) Kindly supply me the date of Journey of the IO to Hyderabad and also supply me the details of the people the IO had met during his/her investigation at Xxxxxx/Hyd.
h) Kindly supply me the mode of journey with relevant proofs that the IO had submitted to the approval authority when she/he travelled to Hyderabad to conduct the investigations and also supply me the number of days the IO had stayed at Hyderabad/Xxxxxx to conduct the investigation, please supply me bills of boarding and lodging details submitted by the IO to the approving authority.
i) Kindly supply me the date, time, places and details of the people IO had met during his/her investigation at Xxxxxxxxxxx and Xxxxxx / Hyderabad.
j) If the information in requested in Points 7(a-i) is denied to the applicant, kindly supply me the reasons for your justification.
8) Kindly provide me with certified copies of directions issued by you to Mahila PS and all SHO’s within your jurisdiction to collect, verify and attach the evidences about the claims of expenses incurred on marriage, before and after marriage, like the bills of purchase and receipts, cash flows, income tax returns, as mentioned in the complaint copy when they have done investigation and recommend that FIR to be made against persons accused with punishable offence under sections IPC 498A, DP ¾.
9) Kindly confirm me whether or not the guidelines in the Judgment of Smt. Neera Singh Vs The State(Govt. of NCT of DELHI) CRL.M.C.7262/2006 dated 23.02.2007 and Others – Justice Dhingra of Delhi High Court has been observed in FIR no: x/2010 Dated: 13th January 2010, registered by the IO at Mahila PS, Xxxxxx, Mmmm District.
In the matter of Smt. Neera Singh Vs The State (Govt. of NCT of DELHI) CRL.M.C.7262/2006 dated 23.02.2007 and Others Justice Dhingra of Delhi High Court has observed that:
“The police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.”
Now-a-days, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, involving everybody under Section 498A and 406 of the IPC by making one or the other allegations.
Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 reads as under:2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride. (2)The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom. (3)Every list of presents referred to in Sub-rule(1) or Sub-rule(2)- (a) shall be prepared at the time of the marriage or as soon as possible after the marriage; (b) shall be in writing; (c) shall contain:- (i) a brief descripttion of each present; (ii) the approximate value of the present; (iii) the name of the person who has given the present; and (iv) where the person giving the present is related to the bride or bridegroom, a descripttion of such relationship. (d) Shall be signed by both the bride and bridegroom.
The Metropolitan Magistrates should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn. If huge cash amounts are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. It is only because the Courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statement of the complainant, without any verification that a large number of false complaints are pouring in.
10) The complainant, Mrs. Xxxx yyyyy and her parents ( LWs 1-3 in Cr.P.C 161 statements) had claimed in the FIR No: x/2010 and also during the investigations, to the IO that they had given the accused, a huge dowry of Rs. 20,00,000(Rupees Twenty Lakhs) in cash and 40 Sovgn gold in her marriage:
a) Kindly provide me the documentary evidences / bank statements / cash flow statements and receipts / statement of account / Income Tax receipts for the transaction of Rs. 20 Lakhs cash amount.
b) Kindly provide me the documentary evidences like photographs, design of ornaments, tax paid bills and bill receipts for the 40 Sovgn gold.
c) Kindly provide me the date and time when the money and gold, as queried in point 10(a) and 10(b) had been given to the accused and in whose presence these items in 10(a) and 10(b) was given to the accused as said by the complainant in her FIR.
d) Kindly provide/supply me the list of “Pasupu-Kumkuma” and “Saari Samanulu” provided by complainant during investigations to the IO at Mahila PS, Xxxxxx.
e) Kindly confirm me if “Pasupu-Kumkuma” and “Stridhan/Streedhan” are same and confirm the said list in 10(d) is a valid List as per the Rule 2 of Dowry Prohibition Act.
f) Kindly inform/supply me if the “Pasupu-Kumkuma” and “Saari Samanulu” list was not provided, then any other list is submitted by the complainant, Mrs. Xxxx yyyyy or her family during investigation of the case pertaining to FIR No: x/2010 to the IO.
g) If the answer to the above query in Point 10(f) is “No”, was the complainant ever asked by the IO at Mahila PS, Xxxxxx to provide any evidence in support of the alleged “Pasupu-Kumkuma” and “Saari Samanulu” as said in FIR. Please supply me with reasons for your justification for not asking this information by IO to complainant.
h) If the answer to the above query in Point 10(f) is “Yes”, please attach the evidence of the alleged “Pasupu-Kumkuma” and “Saari Samanulu” as provided by the complainant, Mrs. Xxxx yyyyy and/or by any of her family members.
i) If the answer to the above query in 10(f) is “Yes has the complainant been asked by the IO to produce valid bills of all items mentioned in the List. If “No” Please supply me with information for your justification for not asking this information.
j) In a similar case (Case No. CIC/WB/A/2009/000702) of Shri Vijay Kumar Naru Vs. Delhi Police, CWC, Nanakpura, the Information Commissioner of Central Information Commission has opined that the investigative officer is supposed to provide the information regarding valid bills of Streedhan claimed by the complainant. If the answer to query 10(f) is “Yes”, please attach copies of valid bills for each item mentioned in the list.
k) Kindly inform me if the related IO (Investigating Officer) who deals with marital disputes and dowry related cases is aware of Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985. If the answer is “Yes”, then is it complied by the IO in this case according to the provisions of the Dowry Prohibition Rules, 1985 while accepting such complaints?
l) Supreme Court of India has also declared the misuse of 498A as legal terrorism, so whether the concerned police officer and Station House Officer, asked the complainant or her family members to provide any Income Tax Returns, Flow of Money, Bank Statements, List of gift received from relatives along with their names and address (if any), Shop Bills of purchase & others pertaining to the items which she claims in the alleged “Pasupu-Kumkuma” and “Saari Samanulu” or any list?
m) If the answer to the above query in Point 10(l) is “Yes”, please provide me a copy of the said Income Tax Returns, Flow of Money, Bank Statements, List of gift received from relatives along with their names and address(if any), Shop Bills pertaining to the purchase of these items by the complainant and her family members.
n) Kindly provide me details of the various provisions/actions will taken by SHO / IO, if there is a failure/negligence for compliance of any Act/Judgments mentioned above and also as per the Rule 2 of Dowry Prohibition Act, submitted by brides accepted. The information sought by the undersigned falls within the ambit of RTI Act and the information exists, therein. It is further requested that the High Court Judgment WP{C} No. 3114/2007 dated 19-11-2007 and decision of Central Information Commission under appeal no. CIC/WB/A/2007/00264 dated 02/03/2007 and under appeal no. CIC/WB/A/2007/00336 dated 02/03/2007 may please be considered before invoking the provisions of Section 8 of RTI Act 2005.
o) If the information requested in Points 10(a-n) is not available with the IO, kindly supply me the information supporting your reasons and justification for not having asked these details from the complainant and her parents including the witnesses.
p) If the information in requested in Points 10(a-o) is denied to the applicant, kindly supply me the reasons for your justification
11) As per the complaint of Mrs. Xxxx yyyyy the said money, gold, property and other items were given by her parents to the accused without demand during her marriage. Kindly inform me, if this written statement attracts DP Act-1964 and 498A IPC? If “Yes”, please supply me the supporting document used by the IO as his/her reference.
12) Charge Sheet was filed by IO after completing the investigation. Kindly inform/supply me all the allegations attracting sections of DP Act-1964, where applicable, with explanation in FIR No: x/2010 DT: 13/0x/2010. Also, kindly inform me the place, (whether Xxxxxxxxxxx/Hyderabad) where the allegations are said to have happened.
13) Charge Sheet was filed by IO after completing the investigation. Kindly inform/supply me all the allegations attracting IPC 498A where applicable with explanation in FIR No: x/2010 DT: 13/0x/2010. Also, kindly inform me the place, (whether Xxxxxxxxxxx/Hyderabad) where the allegations are said to have happened.
14) Charge Sheet was filed by IO after completing the investigation. Kindly inform/supply me all the allegations attracting IPC 307 where applicable with explanation in FIR No: x/2010 DT: 13/0x/2010. Also, kindly inform me the place, (whether Xxxxxxxxxxx/Hyderabad) where the allegations are said to have happened.
15) Kindly supply me with information, which statements of the witness in FIR No: x/2010 and in the Cr.P.C.-161 statements support the crime allegations under registered sections of IPC 498A, DP ¾ and 307.
16) Kindly supply me with information, which statements of the witness in FIR No: x/2010 and in the Cr.P.C.-161 statements can be inferred that the accused had not harassed or demanded dowry from the complainant.
17) Kindly inform me which are the crime incidents/offences, said to have happened at Hyderabad as mentioned in the FIR No: x/2010, Dt: 13/0x/2010 and also please inform me under which sections of the Cr.P.C, the investigations were carried out at Xxxxxxxxxxx for the crimes/offences happened at Hyderabad.
18) Kindly provide me the Cr.P.C. sections, which say that investigation on the crime should happen at the crime place. Please inform me whether the investigation in this case for FIR No: x/2010 is done as per the law procedure mentioned by you?
19) For investigating the crime/offences mentioned in the FIR that happened outside Mahila PS jurisdiction, the IO needs to take honorable court cognizance under Cr.P.C. 156 & 170 sections, please correct me if I am wrong. If “Yes”, kindly supply me with permission received from honorable court by IO to continue his/her investigation.
20) Kindly supply me the information on the legal act with section (sub section, if any) under which Mahila PS, Xxxxxx, Mmmm District can investigate to file charge sheet against the accused punishable under sections IPC 498A, DP 4 and 307 for the crimes that had happened at Xxxxxx, Hyderabad.
21) The complainant has said in the FIR that on May 30th 2009, that she was confined in a room by accused and she was insisted to ask her father over telephone for Rs. 2 Lakhs of additional dowry, when she asked to her father, he expressed his inability, the same was informed to accused and accused abused her and beat her, further brought petrol bottle and insisted her to pour the same on her person. The complainant informed the same to her father over phone and then her father brought Rs. 1 Lakh and handed the same to accused; however no time / date nor witness to this transaction was clearly mentioned. (the text above, is reproduced from the Charge Sheet submitted)
a) Kindly inform me if there were any injuries reported by the complainant for this incident? If “Yes”, kindly supply me relevant medical documents/proofs for same.
b) Kindly inform me if there were any witness reported by the complainant for this incident? If “Yes”, kindly supply me relevant documents/proofs for the same.
c) Kindly supply me the phone record details/ Itemized billing details from their Service Providers (mobile/landline phones) which can reveal that phone calls were made on 30/05/2009 by the complainant to her father at the behest of the accused as said by the complainant in the FIR No: x/2010 dated: 13th January 2010.
d) If the information requested in Point 21(c) is not available with the IO, kindly supply me with reasons supporting your justification for not insisting on Itemized call billing details from their service providers for mobile/landline phones to aid investigations.
e) If the information requested in Point 21(c) is not available with the IO, kindly supply me with reasons for your justification on how the IO concluded that the oral/written statement of the complainant and LWs 1-3 as “true” and how the IO also mentioned the same statement of theirs in the Charge Sheet and Cr.P.C 161 statements that the Complainant was harassesed and that the accused tried to kill her and that the complainant informed the same to her father by calling him on that day?
f) Kindly provide me with the information on date / time / place / witness / bank details / statement of accounts with documentary or material or circumstantial evidences proving that the transaction of Rs. 1 Lakh had happened/occurred, which the complainant’s father had admitted to have given the accused.
g) If the information requested in Point 21(f) is not available with the IO, kindly supply me the information supporting your reasons and justification for not having asked these details from the complainant, her father, her mother and the witness.
h) If the information requested in Point 21(f) is not available with the IO, kindly supply me with reasons for your justification on how the IO concluded that the oral/written statement of the complainant and LWs 1-3 as “true” and how the IO also mentioned the same statement of theirs in the Charge Sheet and Cr.P.C 161 statements that complainant father had latter given Rs. 1 Lakh as additional dowry to accused?
i) Kindly supply me about the documentary / material / circumstantial evidences collected by the IO to ascertain the occurrence of offence on May 30th 2009 and support the claims of the complainant and also her father and mother about the Rs. 1 Lakh money latter given by complainant’s father to all accused.
j) If no documentary / material / circumstantial evidences were collected by the IO, kindly explain me the theory on how the IO concluded during her investigations that oral/written statements of the complainant and all witnesses, LWs 1-6 are true.
k) Kindly inform me if the complainant had admitted to the IO during investigations that she still stayed at the house of accused even after occurrence of this offence/crime.
l) Kindly supply me the reasons, which the complainant and her parents had admitted to the IO during investigations, on why she did not file any criminal case for this offence/crime on 30/05/2009 at Xxxxxx PS, but kept quiet and instead choose to write/mention about this offence/crime only on Jan 13th 2010 in the FIR.
m) Kindly supply me the material facts collected by the IO for this offence/crime.
n) Kindly inform me if the IO had verified the occurrence of this crime/offence and also collected the statements of neighbours to accused at Xxxxxduring her investigations at the scene of crime/offence. If the answer is “No”, please supply me the reasons for your justification on why the IO did not feel them as necessary to ascertain the truth of the oral/written statements of complainant and the witnesses.
o) If any/all information requested in any of the Points 21(a-n) is denied to the applicant, kindly supply me with the reasons for your justification.
22) The complainant had said in her FIR that on 1/08/2009, the accused had harassed the complainant for not giving the additional dowry by her father, when demanded and harassed her and subjected her to cruelty and they her necked out from the house at 10PM in the night and closed the gates. She returned to Xxxxxxxxxxx to her father’s house by weeping and narrated about the acts of accused. (the text above, is reproduced from the Charge Sheet submitted)
a) Kindly inform me if there were any injuries reported by the complainant for this incident? If “Yes”, kindly supply me relevant medical documents/proofs for same.
b) Kindly inform me if there were any witness reported by the complainant for this incident? If “Yes”, kindly supply me relevant documents/proofs for the same.
c) Kindly supply me the phone record details/ Itemized billing details from their Service Providers (mobile/landline phones) which can reveal if any phone calls were made by the complainant to her father on 1/08/2009 between 9PM-12PM.
d) If the information requested in Point 22(c) is not available with the IO, kindly supply me with reasons supporting your justification for not insisting on Itemized call billing details from their service providers for mobile/landline phones to aid investigations.
e) Kindly inform the reason why the IO did not mention/missed the Municipal Door Nos. of LW.7, identified as witness to this incident, who corroborated with the complainant in the Cr.P.C 161 statement submitted to the court, when the IO had mentioned the Municipal Door Nos. for LWs 1-6 in the Cr.P.C statements submitted in the honorable court of Judge II AJFCM – Xxxxxxxxxxx. Kindly inform me if the procedure is correct.
f) Kindly provide me the L.W.7 details with identity proof, residential proof, municipal address of place of stay at Xxxxxx, confirm if he/they is/was/are an owners/tenants at Xxxxxx, voter ID cards, occupation details, office address and mobile phone nos with Itemized billing details of the witness(es) to this incident at Xxxxxx. A matter of fact, the applicant humbly submits to the PIO that there is no person by the name Xxxxx Xxxxx Rao residing as immediate/next neighbor in the street of the house of accused at Xxxxxx/Hyderabad.
g) In the CD Part II, Statement of Mr. Xxxxx Xxxxx Rao recorded by the IO on 18/0x/2010, it is mentioned that he had seen the beastly act committed on the complainant, her being dragged out of the house of accused by her mother-in-law by catching her hair, pulled her out and closed the gate. A matter of fact, at accused home, anyone entering into the house of accused, they need to pass through 2 gates, i.e. iron grills and there are 4 houses adjacent/next/in front of the accused house. The complaint/statement itself appears it was lodged with oblique motive and with extreme exaggeration unheard in any civilized society.
h) Kindly supply me about the documentary / material / circumstantial evidences collected by the IO to ascertain the occurrence of offence on August 1st 2009 was true and it supports the claims of the complainant and witnesses (LWs1-3 and 7).
i) If the answer is “No” to the query in 22(h), kindly explain me the theory/opinion on how the IO had concluded during her investigations that oral/written statements of the complainant and all witnesses, LWs 1-7 are true on occurrence of this crime/offence.
j) If the statement in Point 22(g) is believed by the IO, Kindly inform me if the IO had verified the occurrence of this crime/offence and also collected the statements of other 3 neighbours to accused house at Xxxxxduring her investigations at the scene of crime/offence. If the answer is “No”, please supply me the reasons for your justification on why the IO did not feel them as necessary to ascertain the truth of the oral/written statements of complainant and the witnesses.
k) Kindly inform/supply me with information if there was any material proof or evidence was submitted to the IO by the complainant during investigations to prove that the complainant lived with her husband and his parents on August 1st 2009 at his house in H.No:1234, xxxxx, Xxxxxx, Medak District.
l) Kindly inform me if Google Chats, Emails, SMS and audio recordings of mobile phone conversations can be considered as evidence and is it permissible to use them for drawing conclusions/inference about incidents and aid police during investigations. If the answer is “Yes/No”, please supply me reasons supporting your justifications. Also help me how this evidence can presented to the IO.
m) The applicant submits to the PIO that the complainant had left the house of accused on 20/06/2009 and since then did not return to the house of accused.
l1) In specific defense for him, it is necessary for the IO to obtain an SMS sent by the complainant herself, (Mobile No : 0000000000) to her husband (Mobile No : 0000000000) on 20/6/2009 on 9.04PM stating that she is joining hostel and will return back only after she changes her behavior.
l2) In specific defense for him, it is necessary for the IO to obtain an email sent by the complainant herself, (xxxxyyy) to her husband (xxxx) on Nov 20th 2009 @ 2.43PM which reads as “we were together for two months before marriage and two months after marriage”.
l3) In specific defense for him, it is necessary for the IO to obtain Google chats exchanged between complainant () and her husband () on 11/08/2009 from 12.14PM to 5.34PM and latter on 13/08/2009 from 3.29PM to 3.49PM.
n) Kindly inform me if the PIO, or any competent Police authority, will instruct the IO, Mahila PS, to collect from the complainant and produce these evidences mentioned in Points 22(m(l1-l3)) in the Court of the Judge II AJFCM – Xxxxxxxxxxx in next 48 hrs. Or, Kindly inform me about the legal procedure required to follow by the applicant to get these material/documentary evidences on court records to prove that complainant did not stay at the house of accused on 01/08/2009 and the offence /crime as said by the complainant & witnesses did not occur and their stmts are false.
o) Kindly inform me if the complainant had admitted to the IO during investigations that she had exchanged emails and Google chats with her husband.
p) Kindly supply me the reasons on why the IO did not collect these evidences from accused during investigations and then draw conclusion about the occurrence of 1/08/2009 crime/offence before the submission of charge sheet in Court of II AJFCM.
q) Kindly supply me all the material facts collected by the IO for this offence/crime.
r) Kindly supply me the reasons, which the complainant and her parents had admitted to the IO during investigations, on why she did not file any criminal case for this offence/crime on 01/08/2009 at Xxxxxx PS, but kept quiet and instead choose to write/mention about this offence/crime only on Jan 13th 2010 in the FIR.
s) Kindly explain me the theory on how the IO concluded during her investigations that oral/written statements of the complainant and all witnesses, LWs 1-7 are true and inferred that the crime/offence on 01/08/2009 had indeed occurred.
t) If all the information mentioned in Point 22(m) is considered as documentary evidence, truthful and valid after ascertaining and verifying the contents of these -SMS, Email and Chats by the Police, Kindly inform me if the statement of the complainant about the occurrence of crime/offence on 1/08/2009 will be considered as false and necessarily criminal proceedings would be initiated against all the LWs1-7 for misleading the IO with false information and also on charges for misleading a Government servant with false charge of offence and making false statements to him/her. If the answer is “No”, kindly supply me reasons for your justification. Kindly also mention the timeframe within which the suitable criminal proceedings / action would be initiated against them.
u) Kindly inform me if when considering the statement by the complainant herself, as mentioned in Point 22m (l2), specific email: “we were together for two months before marriage and two months after marriage”, would it be concluded/opined by the IO that the complainant stayed with her husband only for 2 months after marriage and that she was not staying with her husband from June end, considering the fact, as that their marriage happened on 20/4/2009. If the answer is “No”, kindly supply me reasons for your justification, considering also the fact that this email was written by the complainant herself, in Nov 2009. Also, kindly inform me if the IO is of the opinion that the complainant forgot about the 01/08/2009 incident when she had written this email to her husband in Nov 2009, after 3.5 months after the occurrence of this offence. If the answer is “Yes”, kindly supply me the reasons for your justification.
v) Kindly inform me if it the honorable court responsibility or the police responsibility to ascertain the truth and facts of the information asked in Point 22(m). Please supply me reasons for your clarifications.
w) If any/all information requested in any of the Points 22(a-u) is denied to the applicant, kindly supply me with the reasons for your justification.
23) Kindly inform me if the IO had concluded in “Yes/No” format after investigations about the involvement of Xxxxxx, Xxxxxand his wife, N.Rajeshwari for offences punishable under sections IPC 498A, DP4 & 307 in this case.
24) If the answer to the Point (23) is “Yes”, kindly inform/supply me with the allegations supporting the involvement of people punishable under offences as said in Point (23).
25) Kindly inform me if the IO had included the names of the people mentioned in Point (23) as accused in the Charge Sheet filed in the Court of Judge II AJFCM, Xxxxxxxxxxx. Kindly supply me with the reasons for your justification.
26) Kindly supply me the occupation details, place of stay and residence address of Xxxxxand his wife, purnabefore/after investigations.
27) Kindly inform me if the IO will confirm that Xxxxxand his wife, Xxxxxstays in Muscat, Middle East and Xxxxxxis an employee working in a company at Muscat, after through investigations were done by the IO. If “Yes/No”, please inform me the reasons for your justification given.
28) The complainant had mentioned in the FIR that her husband telephoned her and insisted her to give divorce and asked her to put sign on divorce papers. He also put SMS messages to cell phone of the complainant, if she did not sign on divorce papers he threatened to cause harm to her family members. (the same text above, is reproduced from the Charge Sheet submitted)
a) Kindly supply me the specific SMS’s collected by the IO from the complainant supporting this statement made by the complainant in her FIR.
b) Kindly supply me the specific phone call details with time/date and transcriptts (if any) collected by the IO from the complainant supporting this statement made by the complainant in her FIR.
c) If the answer to the Point 28(b) is “No”, kindly inform me with reasons on how the IO had concluded during investigations that, mere conversation over telephone between the complainant and her husband had constituted a cognizable offence.
d) If the answer to the Point 28(a) is “No”, kindly inform me with reasons on how the IO had concluded during investigations that, mere preserving and maintaining of SMS’s exchanged between the complainant and her husband had constituted a cognizable offence
e) If any/all information requested in any of the Points 28(a-d) is denied to the applicant, kindly supply me with the reasons for your justification
29) The applicant humbly requests the PIO, or any Competent Police authority, to direct the jurisdictional police to collect all the Itemized billing details, Call Detailed Records and Cell Tower Location Details of all the accused (A1-A7) and LWs 1-7 mentioned in the Cr.P.C 161 statements from May 1st 2009 to January 30th 2010 and submit the same in the Court of Judge II AJFCM Xxxxxxxxxxx in next 48 hours, for evidence purpose and to aid the court during the trail. Kindly inform me, if this request can be obliged by the PIO in “Yes/No” format. If the answer is “No”, kindly supply with reasons for your justification for unable to process this request from the applicant.
30) The applicant humbly requests the PIO, or any competent Police authority, that Cell Tower Location details, is a key information aiding the IO for scientific investigation purpose, and it is in possession of mobile service providers, which can help the police in ascertaining and to identify the specific location / place of the Mobile Tower from where all the phone calls – both incoming and outgoing to that specific mobile number called are geographically mapped to that Cell Tower. Once, the Cell Tower location details for phone calls – both originating/incoming are ascertained, and then automatically the location/ place of the speaker and that for the caller engaged in that particular call conversation can be ascertained and confirmed by the police / Investigation Officer. Enclosed is the email from applicant’s mobile cell phone provider that Cell Tower Location Details is of security importance and it would be shared only to police.
31) Kindly supply me your reasons for justification if you believe that details requested in Points (29 and 30) are not required for investigation purpose and can be used as evidence to prove a crime and also to aid the Court during the trail of offence/crime.
32) Kindly inform me if the PIO, or any competent Police authority, will instruct the concerned police officer /IO to produce the information mentioned in Points (29 and 30) in the Court of the Judge II AJFCM – Xxxxxxxxxxx in next 48 hrs. Or, kindly inform me about the legal procedure to follow be by the applicant to get this crucial material information kept on court records for proving that the crime/offence did not happen.
33) Giving dowry and abetting dowry is also crime. When DP3 was registered in the FIR, kindly supply me with information why the IO did not register / counter file criminal case against persons with DP3, who claimed as giving dowry to accused in the FIR. Kindly supply me with the reasons for your justification.
34) Kindly supply me the last date of stay by the complainant at the house of accused residing at H.No:1234, xxxxx, Xxxxxx, and Medak District as said by her to the IO during the investigations. Also, kindly inform me if the same date is also agreed upon by all witnesses LWs 2-7 with the IO during this case investigation.
35) The complainant, Mrs. Xxxx yyyyy had stated in the FIR that on 12th January 2010, i.e. 12-1-2010 between 9 pm to 10 pm the accused came to the house of the Complainant’s father at hhhhhh, Xxxxxxxxxxx in Zen and Santro cars, demanded to give divorce to complainant’s husband or to provide additional dowry as demanded by them, the father of the complainant, who is in xxxxxx expressed his inability. Then they pressed to sign on some papers brought in by them. The complainant refused to sign, then her husband pulled the “chunni” which was hanging in the neck of the complainant, a view to kill her by tied the same around the neck. LWs 4-6 intervened and pacify the issue, then all the accused left the house of the complainant. On 13.01.2010 at 8.00 AM the complainant and her parents, i.e. LWs2-3, turned up to Mahila PS, Xxxxxx and she presented the report to the IO, who registered the same as FIR in Cr.No: x/2010, punishable u/s IPC 498A, DP3, 307 of Mahila PS and submitted copies of FIR to all the concerned and took up investigation of this case, secured presence of marginally noted LWs 1-3 at station , examined them and recorded the detailed statements in Part II of CD. Later examined LWs 4-6 at Narasimha Nagar and recorded their detailed statements in Part II of CD. Later examined L.W.7 and recorded his statement in Part II of CD at Hyderabad, Xxxxx. L.W.8, the medical officer, Govt Hqrs. Hospital who treated the injured complainant and issued wound certificate and opined that “the injuries received by the injured are simple in nature”. (the same text above, is reproduced from the Charge Sheet submitted)
a) Kindly inform me if the IO had ascertained the whereabouts of Mr. Cheeda Zzzzzzzzz and other accused on the particular date i.e. 12/0x/2010, 2 hours prior before/after 9PM -10PM during the investigations and before the IO had “Charge Sheeted” the FIR in “Yes/No” format. If the answer is “No”, please supply me the reasons for your justification for not ascertaining his whereabouts.
b) Kindly supply me the whereabouts of Cheeda Zzzzzzzzz on 12/0x/2010 between 9PM-10PM as confirmed by the IO during her investigations and in the charge sheet filed at the Court of Judge II AJFCM. If you want to deny me the information on his whereabouts, kindly supply me the reasons for non-disclosure of the information.
c) Kindly provide me with reasons for the IO in not collecting the neighbour’s statements of the complainant’ s father house at Xxxxxxxxxxx, since it can be believed that the cries, shouting’s and the ensuring commotion should attract the attention of neighbours. Kindly supply me with the reasons for your justifications.
d) Kindly supply me the investigation / enquiry details happened at the crime place on 12/0x/2010 between 9PM-10 PM. kindly also supply me the Name / Badge no. of the police personal, Date and Time when the Mahila PS personal or any Police personal from any Police station in the vicinity, who had first reached the crime place to ascertain the occurrence of this crime/offence.
e) Kindly supply me with information given to the IO during investigations about why the complainant and her parents had delayed in registering/ reporting the crime/offence to the Mahila PS, which is 2KMS away from scene of offence/crime till 13/0x/2010, 8 AM, the next day. When the crime was reportedly to have happened on 12/0x/2010 between 9 PM-10 PM on the complainant. Please supply me the reasons for your justification.
f) Kindly supply me with information if the Mahila PS is manned 24×7 hrs a week and 365 days a year or, please supply me the working hours of Mahila PS, Xxxxxx. Kindly supply me with information about details of police personal on duty at Mahila PS, Xxxxxx on 12/0x/2010 from 5 PM till 13/0x/2010 10 AM. Please supply me the certified copies of attendance register or any documentation / records/ register that the PIO feels appropriate and necessary to share with the applicant in total.
g) Kindly supply me with information shared by the complainant and the witnesses, LWs 2-6 to the IO during investigation, if they had made any attempt to approach any other police station within the vicinity of the house, i.e. crime place, to register the complaint, but were turned away by the SHO of that police station, saying it is not within his preview of functioning. Kindly provide me the certified copies of any such entries made in GD or any records/register maintained by such police station.
h) Kindly inform me if the complainant made no attempt for receiving medical attention/aid but choose to suffer with pain from 9PM on 12/0x/2010 till 8.30AM 13/0x/2010, i.e. for approx. 12 hrs after the crime had happened. Kindly provide me the reasons said by the complainant to the IO during the investigations for denying herself medical help for 12 hrs after the crime had happened.
i) Kindly explain me the theory / rational / opinion drawn by the IO during investigation that a victim choose not to complain about an offence/crime immediately to the police but instead choose to wait till next morning and then complain to police, or can it be simply inferred that the IO believed the oral statements of the complainant and all LWs 1-6 about the occurrence of this offence/crime. It is an accepted fact and common human behavior, in that situation / moment when they had sensed threat to their lives; they immediately rush to police seeking for help and demand safety to their lives.
j) Kindly inform me if the IO had secured the presence of “Chunni” and submitted it as material evidence in the Court of Judge II AJFCM. If the answer is “No” please supply me the reasons for your justification.
k) Kindly supply me certified copy of the medical prescripttion suggested by the Medical Officer, Govt Hqrs. Hospital who treated the injured complainant. Kindly inform me if this bill was also submitted in the court as part of documentary evidence. If the answer is “No”, please inform the reasons of your justification.
l) Kindly inform me that if the Medical Officer, Govt Hqrs. Hospital who treated the injured complainant had opined that injuries was caused by a “blunt object”. Please correct me if I’m wrong. If going by the doctor opinion as reported in the wound certificate who said that injuries were due to “beaten by husband and in-laws” and caused by “blunt object”, did the IO secure/seize the “blunt object” from the crime place and submitted the same as evidence in the Court of II AJFCM.
m) Kindly inform me if there is inconsistency in the oral testimony of the complainant with the medical testimony as mentioned in the wound certificate issued by L.W.8., with regards to the instrument/weapon, (“Chunni” – as said by the complainant V.s “blunt object” as opined by the Medical Doctor) that had caused injuries to the complainant. Also, kindly inform me is there are inconsistencies in the statements of all LWs1-6 with the medical testimony as mentioned in the wound certificate. If the answer is “Yes”, please supply reasons for your justification. Also, kindly inform me if “Chunni” can be determined as a blunt object and how “Chunni” will be described by the IO.
n) Kindly inform if there is inconsistency in the statements of LWs 4 & 5 about the 12/0x/2010 crime (L.W.4 said he saw 6-8 other people as accomplice to all the accused, (A1-A4) but L.W.5 did not mention about these accomplice).
o) Kindly inform me if the IO made any attempt to ascertain the truths in the statements given by LWs 4 and 5 as recorded by IO in the CD Part II files and Cr.P.C.161 stmts.
p) In the CD file Part II, statements of LWs 4 and 5, as recorded by the IO said they are having business discussion in a hotel, near the house of LW2 and then saw 2 cars parked near the house of the LW2 and upon hearing commotion and shouting’s, they rushed to the place of crime and saw the complainant’s husband trying to kill her by strangulating her with her “Chunni”. They also saw the in-laws and younger brother of her husband at the scene of crime.
q) If the statement in Point 35(p) is believed by the IO, Kindly inform me if the IO had verified the occurrence of this crime/offence and also collected the statements of neighbours to complainant at Xxxxxxxxxxx during her investigations at the scene of crime/offence. If the answer is “No”, please supply me the reasons for your justification on why the IO did not feel them as necessary to ascertain the truth of the oral/written statements of complainant and the witnesses. A matter of fact, at L.W.2 home, there are only 3-4 houses adjacent/next of the LW2 house and the passage to this house is very narrow and no cars can get into that passage. If it is to be believed from the IO and also the witnesses that there are 2 cars parked near the house of the accused, then the nearest vicinity parking is about 1500 yards away from this house and it being a pure residential area, there is no hotel in that location. Any hotel near the vicinity of the L.W.2 house is on the main road leading to the District SP office or the main road of Xxxxxonly. It is also a complete disbelief and most improbable theory for the IO to believe the LWs 4-5 statements that they have seen and also heard commotion, unless they are situated very close to crime place and this should definitely attract the attention of neighbours.
r) Kindly inform if the IO made any attempt to ascertain the whereabouts of LWs 4-6 and all accused (A1-A7) on 12/01/2009 between 9 PM -10 PM. If the answer is “No”, please supply me the reasons for your justification. If “Yes”, supply me their whereabouts.
s) If the statements of all LWs 1-6 are believed by the IO that accused came to house of complainant’s father in 2 cars Zen and Santro, did the IO make any attempt to intercept these cars during her investigation. If the answer is “No”, kindly supply me reasons for your justification.
t) Kindly inform in “Yes/No” format if it can be absolutely unnatural and most improbable that the accused went to the parental home of the complainant, demanded dowry, threatened her with dire consequences and tried to kill her to her matrimonial home, while she was living with her father. Please remember that accused stay at Hyderabad 400Kms away from complainant’s native, i.e. Xxxxxxxxxxx. If the answer is “No” please supply me the reasons for your justification.
u) Kindly inform me if the 12 hrs window of time delay in reporting a crime is enough to conspire and cook up a story about a crime/offence. If “No”, please supply me reasons of your justification. Kindly inform me if all LWs2-6 are close relatives to the complainant and if “Yes”, please supply me the relationships of them to the complainant.
v) Kindly inform me the reasons for disbelief by the IO that the story narrated by the complainant and all witnesses cannot be a conspiracy to seeking revenge to cause grave danger to the lives of all the accused. The complaint itself will appear that the same was lodged with oblique motive and with extreme exaggeration. This story on allegations about threats seems to have been developed by the complainant in consultation with her parents and others. Since the complaint to IO was delayed by 12 hrs and all witnesses to this case are also close relatives to the complainant. If the answer is “No”, kindly supply reasons for your justification.
w) Kindly inform me if IPC 307 is applicable on all the accused when the Medical Doctor had opined in the wound certificate that the injuries are “simple in nature”. Kindly inform me with reasons to your justification how the IO felt that the reported offence by the complainant on Jan 12th 2010 between 9PM-10 PM has all the ingredients of IPC 307.
x) Kindly inform me in “Yes/No” format from the replies received to the queries asked in Points 35(a-w), the IO had demonstrated most casual approach and there had been omission on his/her part who did not take serious steps to collect all the necessary information and collect the evidences in great detail before fixing the most serious punishable section under IPC 307 on all accused.
y) If any/all information requested in any of the Points 35(a-x) is denied to the applicant, kindly supply me with the reasons for your justification.
36) Kindly inform me if Mr. C.Zzzzzzzzz, R/o H.No: 1234, xxxxx, Xxxxxx Hyderabad is also Accused No: 1 in this crime Cr.No:x/2010, dt: 13/0x/2010.
37) The applicant wishes to inform to the P.I.O and also to IO, Mahila PS, that Mr.C.Zzzzzzzzz was present at Xxxxxon 12/0x/2010 between 9PM-10 PM and reveals that he had purchased petrol at Sri Mallikarjuna Services, Xxxxx, Hyderabad @ 22.28.31 Hrs, by using his Citibank Platinum credit card no: 0000 0000 0000 0000 and mentioned below are the transaction details:
TID No: 61379581, Invoice No: 209203, Approval Code: 001294, Time: 22.28.31
Date: 12/0x/2010, Name: C. Zzzzzzzzz, Amount: Rs. 1001.40
This information is for furnishing clues to the PIO and Police to stop a crime. The applicant is pleading that he has alibi that he was present in Hyderabad on 12/0x/2010 instead, that it was alleged he was present in Xxxxxxxxxxx on 12/0x/2010 between 9PM -10PM., in the FIR and also in the Charge Sheet.
a) Kindly inform me to stop a crime, if the PIO or any competent Police authority will direct the IO Mahila PS, Xxxxxx to collect this information and the charge slip copy from Sri Mallikarjuna Petrol Bunk, Xxxxx, Hyderabad and investigate whether this transaction is disputed/not disputed and confirm if this is a valid payment transaction authorized by the customer himself as per the specimen signature attested on the transaction charge slip copy at Hyderabad on January 12, 2010 at 22.28.31PM Hrs at M/S Sri Mallikarjuna Petrol Bunk and send the same information along with necessary documentation to the Judge in Court of II AJFCM, Xxxxxxxxxxx in next 48 hours. If the information can be sent to the Judge, it is requested by the applicant to please send it to the Court of Judge II AJFCM, Xxxxxxxxxxx, else if the information cannot be sent, please provide me the reasons for your justification.
b) Kindly inform me if the PIO or any competent Police authority will direct the IO, Mahila PS, Xxxxxx to verify and collect the statement from the Owner of Sri Mallikarjuna Petrol bunk, if the Credit Card transaction is disputed/not disputed and confirm from him, if it is a valid payment transaction authorized by the customer himself as per the specimen signature attested on the transaction charge slip copy at Hyderabad on January 12, 2010 at 22.28.31PM Hrs at M/S Sri Mallikarjuna Petrol Bunk and submit the same the Judge in Court of II AJFCM, Xxxxxxxxxxx in next 48 hours. If “Yes/No”, Please provide me with reasons your justification.
c) To prove this claim beyond reasonable doubt, kindly inform me if the PIO / any competent Police authority will direct the IO Mahila PS Xxxxxx to verify and ascertain this statement from Citibank, Bangalore, in next 48 hours. Email from India Grievance officer, Citibank is enclosed for your reference. If “No”, please supply me reasons of justification.
d) Kindly inform me if the PIO or any competent Police authority can direct/ instruct the concerned police officer to produce the information mentioned in Points 37 (a-c) in the Court of the Judge II AJFCM – Xxxxxxxxxxx in 48 hours. Or, kindly inform me about the legal procedure to be followed by applicant to help the applicant to produce/submit this crucial l information on court records to prove that the offence did not happen.
e) Kindly supply me with the information about the approximate Distance between Hyderabad and Xxxxxxxxxxx in KMs (Kilometers) and also mention the approximate fastest travel Time in Hours required to travel between these two places, by choosing the fastest mode of transport between bus / car / train / flight in Hrs. Also, kindly mention me the Speed at which the most feasible fastest mode of transport can be selected to travel between these 2 places. Kindly also inform me the most feasible fastest mode of transport that will be considered between Hyderabad and Xxxxxxxxxxx, considering the geography and topology them.
f) Kindly inform me if the mathematical formulae of Speed = Distance/Time can be used to infer the time required to travel the distance between Hyderabad and Xxxxxxxxxxx.
g) Kindly inform me in “Yes/No”, if it is proved that the applicant/Accused 1 is present in Hyderabad on 12/0x/2010 at 22.28.31PM then it will be disbelieved that the applicant/Accused 1 is also present at Xxxxxxxxxxx on 12/0x/2010 between 9PM-10PM. If the answer is “No” please inform me reasons for your justification.
h) Kindly inform me in “Yes/No” format if the Police will believe/opine that the same person, in this case FIR No: x/2010, the Accused 1 can appear/considered to be residing at 2 different places (Xxxxxxxxxxx and Hyderabad simultaneously) 400kms apart at the same time. If the answer is “Yes”, kindly supply me reasons for your justification.
i) Kindly inform me if the Police will believe more into material / documentary / circumstantial evidence from Citibank and Sri Mallikarjuna Petrol Service or the mere oral/written statements of the complainant, witnesses (LWs2-6) and LW 8 statement – Medical Doctor Opinion. Please provide me reasons for your clarification.
j) Kindly inform me if the IO believes that all the witnesses to this case as mentioned in Cr.P.C.161 statements are all close relatives of the complainant, except for L.W.7 and claim to be the direct eye-witness to the offence/crime on 12/0x/2010. If the answer is “No”, kindly supply me the reasons for your justification.
k) Kindly inform me during the police investigations of crime, the emphasis will be laid more on material evidence or oral statements to ascertain the occurrence of a crime/offence? Please supply me reasons for your justification.
l) Kindly inform me the degree of emphasis or weightage that would be given by the Police during their investigations between 1 -100 scale for the Citibank/Sri Mallikarjuna Services statement or for the LWs1-6 statements in this case. Please inform me whose statements would be valued more between Citibank/Sri Mallikarjuna Services or LWs1-6 statements in Cr.P.C.161 to conclude/opine about occurrence of this crime/offence.
m) Kindly inform me in “Yes/No” format, if it is proved that Accused 1 is not present on the scene of the crime at Xxxxxxxxxxx on 12/0x/2010 then will it also be automatically prove/concluded that Accused 2-4 are also not present at the scene of crime at Xxxxxxxxxxx on 12/0x/2010 between 9PM-10PM., since all LWs1-6 corroborated that they have seen Accused 1 with Accused 2-4 in the scene of crime. If answer is “No” please inform me reasons for your justification.
x) If the information mentioned in Points 37 (a-c) is considered as documentary evidence, and truthful/ valid after ascertaining and verifying the contents of these facts by the Police, Kindly inform me if the statement of the complainant about the occurrence of crime/offence on 12/0x/2010 will be considered as false and necessarily criminal proceedings would be immediately initiated against all, LWs1-6 for misleading the IO and also the Medical officer – Govt Hqrs Hospital Xxxxxxxxxxx on charges for misleading Government servants with false charge of offence and giving false statements to them. If the answer is “No”, kindly supply me reasons for your justification. Kindly also mention me the timeframe by which suitable criminal proceedings / action would be initiated against them.
n) Kindly inform me if it the honorable court responsibility or the police responsibility to ascertain the truth and facts of the information asked in Points 37 (a-c). Please supply me the reasons for your clarifications.
o) If any/all information requested in any of the Points 37(a-n) is denied to the applicant, kindly supply me with the reasons for your justification
38) Kindly inform me in “Yes/No” format if it can be absolutely unnatural and improbable that the accused ( from Hyderabad ) went to the parental home of the complainant, demanded dowry, threatened her with dire consequences and tried to kill her to her matrimonial home, while she was living with her father ( at Xxxxxxxxxxx ).
39) If the answer to the query in Point (38) is “No”, kindly supply me the reasons for your justification. Kindly also supply me the reasons of belief that the IO made, in this case, had deduced and confirmed the same in the Charge Sheet, to justify her reason that accused came to the house of the accused and tried to kill her when the IO failed to collect any circumstantial evidences except believing the statements of the complainant and the witnesses, whom are considered to be close relatives of the complainant and that of the medical wound certificate which the doctor had opined as “simple in nature”.
40) Kindly inform me if the criminal proceedings would be initiated against the complainant and her parents and all the witnesses LWs 1-7 in the FIR No: x/2010 Dated:13/0x/2010, and the PIO necessarily believes that the 12/0x/2010 attempt to murder and dowry demand/harassment did not happen and that all LWs1-6 had lied/mislead to the IO by giving false information and with oblique motive and set the criminal law in motion against all the accused in the FIR No.x/2010 dt: 13/0x/2010 at Mahila PS, Xxxxxx under the following charges:
a) Making a false charge of offence made with intent to injure all accused in the FIR.
b) Giving a false statement made in declaration which is by law is receivable as evidence.
c) Using evidence known to be false.
d) Giving and fabricating false evidence with intent to procure conviction of offence on all accused in the FIR.
e) Punishment for creating false evidence.
f) Fabricating and also giving false evidence.
41) The complainant had said in the FIR No: x/2010 that in Dec 2009, her husband had sent her lawyer notice with all false information and then latter, her father and other elders went to the house of accused, all the accused firmly stated that they will allow the complainant only after payment of Rs. 2 Lakhs of dowry, otherwise give divorce, the elders expressed the inability of the father of complainant.
a) Kindly inform me if the complainant had shared the lawyer notice to the IO and what investigations were done by the IO into the contents of the lawyer notice before concluding that they are false and submitting the same in the Charge Sheet at the court of II AJFCM. Please provide/supply me your reasons for the justification.
b) Kindly inform me the names of the elders, date and time who had come to house of accused in Dec 2009 as said by the complainant to the IO during the investigation.
c) Kindly inform me if the IO is in possession of any documentary proof or material evidence that the complainant had given to the IO during the investigation to support her statement as above. If the answer is “Yes”, please supply the documentary/material evidence to the applicant. If the answer is “No” kindly inform me how the statement of the complainant is believed by the IO only by hear say and definitely not direct evidence available on records.
d) Kindly inform me if the complainant had revealed to the IO during investigations and before submitting the Charge Sheet about the RCR (Restitution of Conjugal Rights) notice sent to the complainant by her husband bearing F.C.O.P. No: 000/2009 Dt: 16/12/2009 filed in the court of the Judge family Court, City Civil Courts at Hyderabad. If the answer is “Yes”, please supply me the reason for not disclosing this information in the Charge Sheet.
e) Kindly inform me if the complainant had revealed to the IO during investigations and before submitting the Charge Sheet that she had replied to the lawyer notice from her husband through her lawyer Sri. Xxxxxon March 9th 2010 and in reply she denied to join the marital life due to fear. If the answer is “Yes”, please supply me the lawyer notice and supply me the reason for not disclosing this information in the Charge Sheet.
42) Kindly inform me if the complainant’s father had informed the IO during the investigations and before submission of the Charge Sheet in the honorable Court about the departmental disciplinary / enquiry proceedings initiated against him by his employer, APSRTC where he was deferred from service for some months in the years 1999, 2002, 2004, 2006 and 2007 in C&TI cases. The complainant’s father was also removed from and placed under suspension for having dishonest in submitting incorrect information regarding the number of living children of 4 as wrongly 3 by not declaring his 3rd daughter Ms.Xxxxx Xxxxx in his family declaration given on 01.01.1990 and misgained the benefit sanction of FP increment w.e.f 5.4.1984 from 5.8.2005 to 7.9.2006. If the answer is “Yes” please supply me relevant details with documentation.
43) If information said in Point (42) is proved to be right about the complainant’s father, who had faced disciplinary proceedings for misconduct in office regarding C&TI and made false declaration of his own family members for improper financial benefits:
a) Kindly inform me if the statements of complainant’s father would be believed / credible in this case. If answer is “Yes” please supply me reasons for justification.
b) Kindly inform me if the Gross monthly salary of LW2 is Rs. 14,815 per month and no assets declared to the government department and not an Income Tax Payee/Assesse would it be believed that he gave Rs. 20 Lakhs cash and 40 Sovgn Gold as dowry in this case, FIR No:x/2010 Dt:13/0x/2010. If the answer is “Yes” please supply me reasons for your justification.
44) The applicant humbly submits to the PIO that the last phone call between both the families was on 08/0x/2010 when the complainant’s husband had called her father on his mobile to ask why he was approaching others for talks instead of directly confronting the him, then his wife, i.e. Complainant’s mother had snatched the phone and abused her son-in-law and all accused in most vulgar language, words used “maadarcheda”, “bhanchoot”, and other choicest expletives. She also alleged that he is impotent and that she had specific information that he was contemplating to do second marriage and threatened him with dire consequences if he calls his wife again, inspite of applicant trying to pacify his mother-in-law and trying to reason her by taking his wife on a conference call to iron out all issues and scuttle all allegations, however, mother-in-law did not allow him to do conferencing and instead threatened him with dire consequences. Father-in-law was silent all along this phone call when his wife was abusing his son-in-law. Also, mother-in-law alleged the most inhuman and incest remark about the character of the Accused 1 by saying that he, i.e. son-in-law had insisted the complainant, i.e. his wife to share the bed with his parents.
a) Kindly inform me if the IO, Mahila PS can collect this and other audio recordings from the applicant and verify the authenticity of those audios, including forensic and voice recognition tests to be done in their science labs, if required, to authenticate the identity of voices from people talking in those phone conversations and then submit the transcriptts of the same to the honorable court of Judge II AJFCM-MTM. If the answer is “No”, please supply reasons for your justification and kindly help the applicant with process flow and the competent Police person to be approached by the applicant to get this request expedited and obliged. These audios needs to used as evidences in the Court during trail to ascertain the criminal attitude of the complainant, her parents, LW6 and others in order to establish the conspiracy theory from their side behind this false FIR.
45) Kindly inform me if the complainant has informed the IO during the investigations and before submission of the Charge Sheet in the honorable Court that she treated her husband cruelly by having demanded for divorce and threatening her husband with suicide on the day following their first night ceremony at the house of the complainant.
46) Kindly inform me if the oral statements/oral evidence is more valid and emphasizing than documentary / material evidence during investigations to establish a crime/offence. Please supply me reasons for your justification.
47) Kindly inform me what are the documentary/material evidences that the IO had emphasized and succeeded in collecting before confirming the crime and fixing charges on all the accused, in this case no FIR No: x/2010 Dated:13/0x/2010. Please supply me all the list of documentary evidences, material and circumstantial evidences that IO had collected during the course of investigation and before submission of charge sheet and submitted the same in the court of Judge II AJFCM- Xxxxxxxxxxx.
48) Kindly inform me if it is required to inform the accused persons about the criminal case registration, allegations and the IPC sections charged for punishment on them by the IO immediately after filing of complaint. If the answer is “Yes”, kindly inform me if it has happened in this case and what time/date was it informed to the accused.
49) Kindly inform me if the IO had given an opportunity to the accused to tell the true facts of this criminal case before submitting the Charge Sheet in the honorable court. If the answer is “Yes”, please supply me the supporting evidences/summons to the accused from the IO, else if “No” please inform me with reasons for your justification and inform is it is the right procedure to investigate this crime/offence.
50) Kindly provide me a copy of summons issued by the IO to the complainant and her witnesses during investigation of the case pertaining to FIR No: x/2010 Dt: 13/0x/2010.
51) Kindly provide me a copy of summons issued by the IO to all the accused during investigation of case pertaining to FIR No: x/2010 Dt: 13/0x/2010 at Mahila PS, Xxxxxx.
52) Kindly inform me if the IO had completed the investigation satisfactorily and complied in accordance to the AP Police Manual and followed guidelines regarding policing given by the Apex court or any Courts in the FIR No:x/2010 Dt:13/0x/2010. Kindly provide me relevant facts and documents for the justification. If the answer to this query is “Yes / No” please supply me with the reasons for your justification.
54) Kindly inform me if the Police will/should guarantee the Constitutional Fundamental Rights of every citizen of India: Right to Freedom, Right to Expression and Right to Equality. If the answer is “Yes” kindly inform me if it was complied to the applicant by the IO, in this case, FIR No:x/2010, Dt:13/0x/2010.
55) Kindly supply me the Oath that every police officer/ personal takes when joining service with Andhra Pradesh Police. Kindly confirm me if this Oath was complied and completely adhered to the applicant by IO in this case, FIR No: x/2010 Dt: 13/0x/2010.
56) Kindly confirm me if this case, FIR No:x/2010 is a fit case for seeking legal remedy with the SHRC – Andhra Pradesh. Please supply me reasons for your justifications.
57) Kindly inform me if the IO can start investigations with a prejudiced opinion. Please inform me if in this present case, if the IO had demonstrated prejudiced behavior. Please supply me reasons for your justifications.
58) The applicant would like to draw the attention of the PIO into the Judgment of Sushil Kumar Sharma Vs Union of India and Ors. 2005 S.C.C. (Cri) 1473, Date of Judgment 19/07/2005, judgment delivered by Justice Arijit Pasayat J.
The object of the provision is prevention of the dowry meance. But as has been rightly contended by the petitioner many instances have come to light where the complaints are not bonafide and have filed with oblique motives. In such cases acquittal of the accused does not in all cases wipe out ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to misery. The question, therefore, is what remedial measure can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the courts have to take care of the situation within the existing framework. As noted the object is to strike at the roots of dowry meance. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not assassin’s weapon. If cry of “wolf” is made too often as a prank assistance and protection may not be available when the actual “wolf” appears. There is no question of investigation agency and courts casually dealing with the allegations. They cannot follow straight jacket formula in matters relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal systems is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any preconceived notion or view. It is strenuously argued by the petitioner that the investigating agencies and the courts start with the presumption that the accused are guilty and that the complainant is speaking the truth. This is too available and generalized statement. Certain statutory presumption are drawn which again is reputable. It is to be noted that the role of the investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their effort to see that innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally indisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. While dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.
a) Kindly inform me whether or not Police Officers are obliged to obey orders, instructions and guidelines regarding policing in the Judgment “Sushil Kumar Sharma Vs Union of India and Ors., and please inform me if this got enforced in this present case FIR no: x/2010 Dt: 13/0x/2010, registered by the IO based on complaint from Mrs. Xxxx yyyyy.
b) If the answer to the query in Point 58(a) is “Yes”, kindly provide/supply me the relevant facts and documents for your justification.
c) If the answer to the query in Point 58(a) is “No”, kindly provide/supply me reasons for your justification and kindly direct the IO to be complied now.
59) The applicant would like to draw the attention of the PIO into the Judgment of Narendra Kumar and Ors. Vs State (Govt of NCT of Delhi) [Along with Crl Appeal Nos. 748,749 and 787/2004] on 1/11/2007, judgment Shiv Narayan Dhingra, J.
The accused persons were put to trail under Section 498/307/406 r/w 34 IPC. It must be understood that god had not made any two persons same with the same ideas, qualities and it must be acknowledged that marriages do fail and there is a mismatch not only in arranged marriages but even in love marriages. The mismatch is discovered during the continuation of married life. Neither the failed marriage can be made a crime. Every marriage that fails does not fail due to dowry demand or cruelties. The marriages do fail for several other reasons including the reason of incompatibility of the persons. A failed marriage is not a crime, however, the provisions of Section 498A are being used to convert failed marriages into a crime and the people are using this tool to extract as much monetary benefit as possible. In many cases, where FIRs are filed under Section 498A IPC, petitions are being filed under Section 482 Cr.P.C for quashing of FIRs after settlements between the parties and the allegations made of cruelties etc. are withdrawn the moment a lump sum payment is received. Involving each of the family members of the husband is another arm in the armory of the complaints of failed marriages. Not only close relatives but distant relatives and even neighbours are being implicated under Section 498A and other provisions of IPC in cases of failed marriages. The Courts must be very cautious during trails of such offences. In all these cases in the name of investigation, except recording statement of complainant and her few relatives nothing is done by police. The police does not verify any circumstantial evidence nor collect any other evidence about the claims made by the complainant. No evidence about giving dowry or resources of the complainant’s family claiming spending huge amounts is collected by the police. This all is resulting into gross misuse of the provision of law. The investigative agency in all such cases must collect all circumstantial and other evidence in respect of claims made the complainant and similarly Courts should always be careful in considering the credibility and truthfulness of the statement of the complainant and relatives.
a) Kindly inform me whether or not Police Officers are obliged to obey orders, instructions and guidelines regarding policing in the Judgment “Narendra Kumar and Ors. Vs State (Govt of NCT of Delhi)., and please inform me if this got enforced in this present case FIR no: x/2010 Dt: 13/0x/2010, registered by the IO based on complaint from Mrs. Xxxx yyyyy.
b) If the answer to the query in Point 59(a) is “Yes”, kindly provide/supply me the relevant facts and documents for your justification.
c) If the answer to the query in Point 59(a) is “No”, kindly provide/supply me reasons for your justification and kindly direct the IO to be complied now.
60) AP Police website itself has put up a plea “PREVENT ABUSE OF 498 A” and one of the point it states is that “Conviction rate in 498a cases is very poor in the country as a whole” and it stated many measures and methods that must be adopted before, or, for filing 498A cases by the aggrieved person.
a) Kindly inform me in “Yes/No” format if all the AP Police personal are bound to follow the procedures laid out and as said in its website itself.
b) Kindly inform me in “Yes/No” format that if, in this present case, i.e. FIR No:x/2010 registered at Mahila PS, Xxxxxx, whether all the measures/ methods, as mentioned in the AP Police website , were followed and complied.
c) If the answer is “No” to the query in Point 60(b), Please inform me the recommendations that would be made to the IO at Mahila PS, to adhere to them.
d) If the answer is “No” to the query in Point 60(b), please inform me the party who is at fault in failing to following the rules laid down and established procedure – Is it the IO or the Complainant or both the IO and also the Complainant?
e) Kindly inform me if the IO, Mahila PS, Xxxxxx had done improper registration of FIR by not abiding to the instructions and guidelines regarding policing laid down by Supreme Court of India in 498A cases in this case, FIR No:x/2010 Dt:13/0x/2010.
f) Kindly inform me if the IO, Mahila PS, Xxxxxx had done improper investigation and not abiding to the instructions and guidelines regarding policing laid down by Supreme Court of India in 498A cases in this case, FIR No:x/2010 Dt:13/0x/2010.
g) Kindly inform me if the IO, Mahila PS, Xxxxxx without collecting statements to ascertain facts and truths of this case no. FIR: x/2010 from all accused and failing to collect all material / documentary / circumstantial evidences for the 30/05/2009, 01/08/2009 and 12/0x/2010 incidents and also not collecting transaction details of Rs. 20 Lakhs and 40 Sovgn Gold along with no precise information about Rs. 1 Lakh additional dowry transaction and other incidents of dowry harassments had filed the charge sheet with all surmises and conjectures in the honorable Court of the Judge II AJFCM, Xxxxxxxxxxx.
h) If the answer is “Yes” to the queries in Points 60(e,f and g), please inform me if the IO had failed to perform her duty well within her means and demonstrated most irresponsible and casual behavior in this case and severely crippled the fundamental right of the applicant and blatantly abusing her authority and the constitutional powers vested upon her by Government of India in good faith to safeguard/protect the life of citizen of India, in this case No: FIR No:x/2010.
i) If the answer to the query in Point 60(h) is “Yes”, kindly inform me what departmental enquiry / proceedings will be initiated against the erring Police Officer by his/her superior officers, in this case No: FIR No:x/2010 dt: 13/0x/2010. Also, kindly inform me the timeframe within which the proceedings would be initiated.
j) If the answer to the query in Point 60(h) is “Yes”, kindly inform if any criminal case can be registered by general public and if the reply is “Yes”, kindly also inform me the concerned police officer and address with whom the case can be registered. Also kindly inform me if the case will be registered if sent by registered post from Indian Postal department.
k) Kindly inform me if the applicant has the right to defend himself during the case of trail and that the police would extend all help to procure evidences and produce them in the honorable court, if the police thinks / feels that his statements are credible and can help save innocent lives from destruction and disaster.
l) If any/all information requested in any of the Points 60(a-k) is denied to the applicant, kindly supply me with the reasons for your justification
Clarification(s) / Reason(s) for demanding the information within 48 hours:
The applicant and his family have been accused in a false criminal case by Mrs. Xxxx yyyyy on January 13th 2010 registered at Mahila Police Station, Xxxxxx, Mmmm District. The FIR No: x/2010 was Charge sheeted with sections punishable under IPC 498a, DP4 and 307 after Police investigation and the same was committed to the II Additional Judicial Fist Class Magistrate at Xxxxxxxxxxx with P.R.C. No: 0/10 and Cr.No:0/10. Copies of the FIR, Charge sheet, Cr.P.C. 161 Statements of Mrs. Xxxx yyyyy, Citibank email from Indian Customer Grievance Redressal Officer are enclosed for your reference. The next court hearing date is 31/08/2010 and the applicant wishes to submit the answers of this RTI to support his arguments for his Cr.P.C 91 application DT: 12/07/2010 and also intends to file Discharge Petition in the Court of Judge at II AJFCM, Xxxxxxxxxxx on that date. The applicant is seeking legal recourse in the honorable court of II AJFCM – Xxxxxxxxxxx.
Due to the false criminal complaint lodged by the applicant’s wife, Mrs. Xxxx yyyyy, the applicant was remanded in judicial custody for 25 days at xxxxxxxx Sub-Jail from March 2nd 2010 to March 26th 2010 and lost his job employment opportunities due to criminal cases registered against him. The Andhra Pradesh High Court bail release order copy is enclosed for reference to show no. of days the applicant suffered in jail.
The applicant submits to the PIO that the complainant, Mrs. Xxxx yyyyy had approached the Mahila PS with unclean hands and seeks revenge to cause grave danger to the lives of all accused. The complaint itself will appear that the same was lodged with oblique motive and with extreme exaggeration. This story on allegations about threats seems to have been developed by the complainant in consultation with her parents and others. The complainant had misused the provisions of Section 498A and other provisions of IPC to set the criminal law in motion and involved each family member of her husband and implicated all of them into this criminal case with oblique motive to harass them and to put them in jail.
The applicant is undergoing major emotional trauma of being branded as a criminal in this society until the honorable court acquits him. Hence this plea.
Nature of the Information requested:
- Whether the matter also concerns to Life and Liberty of the applicant: Yes
- Particulars of the information sought for in a separate sheet: Yes.
- Information sought for is required to be supplied in Printed Format.
- Whether inspection of records also sought: No.
- If the applicant is “below poverty line” : No
- Language demanded (U/s 6(1) of the RTI Act -2005 : English
- Information required – Through registered post
The applicant is depositing Indian Postal Order No: Dated: of Rs.10/- as the requisite fee for the RTI information. If any additional amount is required for the requested information, kindly inform the applicant of the amount and the applicant is willing to pay for the additional amount specified by the PIO.
Please Note:
- Kindly provide the information to each point separately. Please do not club the information to the points, even if the information is repeated.
- The applicant kindly submits that the above information sought does not fall within the exemptions U/s 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
- The applicant kindly submits that if the requested information does not pertain to your department, then it is requested to please follow the provisions of Section 6(3) of the RTI Act, 2005 and kindly also intimate the applicant through registered/speed post to whom you are forwarding / transferring the application as prescribed in RTI Act 2005.
- Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.
- Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation, as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
6. Kindly note that the Section 7(9) of the RTI Act – 2005 cannot be used to refuse information. It means that PIO can provide information in the available format, if the requested format disproportionately diverts resource of the public authority.
- The applicant kindly submits that any attempt at frustrating an applicant from submitting the application invites complaint under section 18(1) RTI Act – 2005. Such complaints are dealt with seriously and compensation to the applicant can be awarded.
8.The information may kindly be provided within 48 hours as the matter concerns the Life and Liberty of the applicant under RTI Act – 2005.
9.The applicant kindly submits that the information sought in this regard has a reference in the case of Sheela Barse Vs State of Maharastra AIR 1983 SC 378.
Sheela Barse Vs State of Maharastra, it was held that legal assistance to a poor accused who is arrested and put in jeopardy of his life or personal liberty is constitutional imperative mandated not only by article 39-A but also by article 21 and 14 of the constitution.
Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law.
The preamble of the Indian constitution aims to secure to the people of India justice – socio economic and political. Article 38 and 39A of the Indian constitution are notable. Article 38(1) states- the State shall promote the welfare of the people by securing and protecting the social order including justice and Article 39-A of the constitution states that the state shall in particular, provide free legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen.
- The applicant kindly submits that if the requested information does not pertain to your department, then it is requested to please follow the provisions of Section 6(3) of the RTI Act, 2005.
Hence, it is humbly submitted by the applicant to the PIO, that he is requesting you the information under “Life and Liberty” RTI Act – 2005, and for any particular point for which the information is sought, and if the information is not available, kindly inform the applicant the reasons of denying him that information sought, with reasons. If any of the above information requested by the applicant is not understood, kindly let him know and please send him the information.
Also, as per the provisions of the RTI Act- 2005, please provide me the details (Name, Designation and Address) of the first appellate authority with reference to your department along with the reply to the above request, where I may, if required, to file my first appeal.
Further it is requested that the applicant, a citizen of India, would like to receive the above said information by post on the address of the applicant mentioned above by speed/registered post within 48 hours, as prescribed under Life and Liberty of the Rights of Information Rule/Act 2005.
The applicant also humbly submits to pay for the registered postage charges to the addressee, if required by the PIO, for the reply posted through registered post as requested by the applicant in this RTI request.
The applicant humbly submits to the PIO that he deserves the right to life, right to lead a meaningful, complete and dignified life, than more than surviving or animal existence. The constitution of India provides Fundamental Rights under Chapter III and one of the rights of Protection of Life and Personal Liberty is provided under Article 21 of the Indian Constitution. Hence the applicant pleads the PIO to display concern and sensitivity towards him and provide Protection of Life and Personal Liberty according to procedure established by law.
courtsey learned friend cheeda , for benefit of all those facing victimisation
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