Caw cell - first appearance


Dear Members,


I asked earlier about proceedings in CAW cell and what to expect. I visited the CAW cell on Thursday in delhi and the experience was ok. My wife started making a scene on the day along with her parents who started crying loudly and asking for me and my family to be arrested and put in lockup. The CAW IO paid no heed to them but also didn't try to mediate or anything and was generally strict to me but not rude. He just took a list from the bundle of complaint that he had against me (presumably given by my wife) and got it photocopied and gave it to me. Asked me to sign on the same and respond with admit list by next date which is next week.

  1. What should I do? How to respond to this list. It has got (a) a huge inflated list of articles given in dowry and (b) items that are to be recovered from us by my wife. As I suspected, even the jewellery that my wife had already taken in my absence from matrimonial home are mentioned in the list as being still with my family.
  2. Can I ask the IO to provide me additionally the bills from my FIL side and source of funds flow over and above the list and then only I would respond. I'm afraid that if I press him for Bills he may botch up my investigation. I read about the bills thing here (http://naaanubhavam.blogspot.in/2012/07/what-to-do-when-false-stridhan-list.html) but don't understand if its my right to ask for bills. So if someone can clarify what should be the correct way - (a) Respond to the list and also ask CAW IO to inquire about the bills and source of funds OR (b) ask CAW IO to furnish the bills and source of funds details etc as per the investigation done by him and then only post verifying the genuineness of bills respond to the list?
  3. Also, for those who are the victims - is it the right time to engage a lawyer for this case or should I wait for mediation or reconciliation to be over?

 

Here is the circular number 07/2007 content and the other circular Circular no. 459-66/P.Sec/ Addl.CP/CAWC dated 29/03/2009 which I'm referring to

 

07/2007

 

No. Issue Date Issued By Issuing Unit
07/07 23/03/2007 DCP/HQ Police Head Quarters Subject : HIGH COURT INSTRUCTIONS REG. DOWRY CASES
Contents
OFFICE OF THE COMMISSIONER - OF POLICE
CIRCULAR No. 7/2007
Issuing Branch
C&T BR/PHQ
The Hon'ble High Court of Delhi while dealing with Criminal Misc. Nos. 7108 and 7262 of 2006 under Section 482 CrP.C., has laid down guidelines to be followed for investigation and trial of cases under section 498/A IPC, dowry, cases etc. The main -guidelines to be followed are as follows :-
1. Where allegations, are made that dowry has been given as a consideration for marriage, the list in terms of Rule 2 of the Dowry Prohibition (Maintenance of lists of Presents to the Bride and Bridegroom) Rules, 1985 must be insisted upon by the Investigating Officer.
2. Where there is expenditure of a huge amount of money without disclosing the source of income, police should insist upon compliance of Rule 2 of Dowry Prohibition (Maintenance of lists of Presents to the Bride and Bridegroom) Rules, 1985 (photocopy enclosed) and should not entertain any complaint if the rules have not been complied with.
3. In case a grown up and well educated women gets married to a person despite a demand for dowry, she and her family members also become accomplices under section 3 of the Dowry Prohitiion Act, 1961. Appropriate action should be taken against them.
4. If the compliant is against every member of the family of husband, the allegations cannot be taken at their face value and need to be scrutinized carefully.
All the investigating Officers and supervising officers must ensure strict compliance of the above mentioned instructions.
-Sd-
[ H.M.MEENA] DCPIHDQRS.
For Commissioner of Police:
Delhi.
No 20298/C&T(AC-II)/PHQ., dated 23/3/07
Copy. forwarded to the :-
1. - All Special Commissioners of Police, Delhi.
2. All Joint Commissioners of Police, Delhi.
3. All Additional Commissioners of Police, Delhi.
4. SO to Commissioner of Police, Delhi.
5. All Districts Units DCsP including P/PTC & FRRO, Delhi. 6. LA, So to CP/Delhi, All Insprs./PHQ, HAR/PHQ etc.

 

Circular no. 459-66/P.Sec/ Addl.CP/CAWC dated 29/03/2009.


7. The receipt of purchase/procure or manufacture of the Istri-dhan articles should be procured by IO immediately where in allegation of misappropriation/ criminal breach of trust exists. In the absence of any documentary proof, the efforts put in by the IO in this regard should be reflected in the body of the case diary and proper verification should be done to establish the source of the Istri-dhan to establish the genuineness of the allegations leveled by the complainant the complainant should also be asked to disclose the source of money used to purchase costly items.

 
Reply   
 
instructor

1. give all the answers peacefully but in effective manner which the io of the claw cell wants from you in his investigation 2. you can demand the bills & proofs for those articles/items whose you think they are false and fabricated .
 
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Advocate/ nadeemqureshi1@gmail.com

Dear Querist

My opinion on your queries are as under:

  1. What should I do? How to respond to this list. It has got (a) a huge inflated list of articles given in dowry and (b) items that are to be recovered from us by my wife. As I suspected, even the jewellery that my wife had already taken in my absence from matrimonial home are mentioned in the list as being still with my family.

Opinion: You should filed a propery reply of this complaint along with the list of articles filed by your wife before CAW Cell.

  1. Can I ask the IO to provide me additionally the bills from my FIL side and source of funds flow over and above the list and then only I would respond. I'm afraid that if I press him for Bills he may botch up my investigation. I read about the bills thing here (http://naaanubhavam.blogspot.in/2012/07/what-to-do-when-false-stridhan-list.html) but don't understand if its my right to ask for bills. So if someone can clarify what should be the correct way - (a) Respond to the list and also ask CAW IO to inquire about the bills and source of funds OR (b) ask CAW IO to furnish the bills and source of funds details etc as per the investigation done by him and then only post verifying the genuineness of bills respond to the list?

Opinion: CAW Cell is not a pure Judicial process, the IO Caw Cell has no power to investigate the matter, the duty of IO is only to settle the matter amicably between the parties. if IO is not able to provide detail then you have right to file RTI application and get the copy of required documents avaliable with the file.

  1. Also, for those who are the victims - is it the right time to engage a lawyer for this case or should I wait for mediation or reconciliation to be over?

Opinion: as per my opinion engage a lawyer for draft the reply of the complaint will be better. if you think that you are able to understand the consequences then no need to engage any lawyer at this stage.


Feel Free to Call

 
Reply   
 
manager

1. Jus keep a cool. 2. Borrow time and patiently deny false allegations. 3. Ask thr investigating officer to ask opp party for bills in original and proofs and evidences n witnesses. 4. Keep cool n borrow time.... 5. Let th figure out how yo react... Stay chilled......
 
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Thanks experts.

Due to me living outside of Dilli and busy with my work, I couldn't come up with the response to the list and my date in CAW cell is on 14th. Although, I have made progress but due to all the family articles divided between the two homes - the one where I work and the own house in Delhi - I was unable to finish it as going through each and every article takes time and I can't skip work as I'm surviving on salary. I would need more time finish the list and respond to the IO. Meanwhile I've sent written request to IO for the bills and proofs as suggested by Mr. Laxmi Kant Joshi.

 

What should I do in the CAW cell? Is their any reason to fear if I've not completed the response/admit list? Can I ask for more time .. say 2 weeks more to complete the task?

 
Reply   
 
Lawyer

Mr. Sharma CAW cell is for just for amicably settle the issue nothing else. They dont hv any other power. But CAW cell sent a report after considering the views of both sides. Dont get hyper in CAW cell. Answer the queries politely and with firmness and also deny the false allegations made against you.

 
Reply   
 

How did it go Ajay? I am in a similar pridicament as you.

 
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