I filed an RTI to a local police station in regards the 498a case they had filed on me. They answered some questions and denied others quoting Section 8(1) H of RTI act.
I filed first appeal with the questions that were unanswered and I got a reply back form First appellate authority stating that the questions asked were not only barred under Section 8(1)(h) and 8(1)(g).
For my second appeal, can anyone give me judgements on how I can make sure I get my answers so I can fight my case? Unanswered questions are as follows:
1.Provide me the Station Diary / Police diary and Roll Call and the entire case dairy details (Communication documents between I.O, Inspector of Police and ACP, DCP)starting from 01/09/2012 to 12/09/2012 for case number FIR XX/2012 (CC XXX/2012)
2.Provide certified copies each of all evidences submitted by Ms. Wife in the crime FIR XXX/2012 and CC XXX/2012
3.The following questions are regarding the arrest of the accused A1, A2 and A4 from Address XXXXX in FIR XXX/2012:
A.Give names of all police personnel who visited accused house at XXX, to arrest the accused
B.State the time and date of arrest of A1, A2 and A4
C.Provide certified copies of the arrest warrant
D.Provide certified copies of the remand report
4.Provide me the certified copies of the CrPC 41A Notices for appearance sent to the accused by the SHO, XXXXX Police Station in FIR XXX/2012
5.Provide certified copy of the letter sent by XXXXX PS informing the DCP/SP about the arrest of the accused in crime FIR XXX/2012
6.Provide certified copy of the reply letter from DCP/SP authorising the arrest of the accused in crime FIR XXX/2012
7.Provide documentary evidence collected by the I.O. to confirm that the complainant and her parents were staying at the address stated in the complaint
8.As per the I.O’s statement in FIR XXX/2012 “While arresting the accused, 41-B CrPC procedure for arrest has been followed by taking signature of locality elders followed by the counter signature of the accused”
A.Provide names of the locality elders referred to in the FIR XXX/2012
B.Provide certified copies of the signed documents by the locality elders
C.Provide certified copies countersigned by the accused
9.Provide the following information with supporting documents regarding FIR XXX/2012 registered at XXXXX PS
A.Preliminary actions/measures taken/followed by the I.O at XXXXX PS, before recommending for registration of criminal case
B.Date and time when I.O at XXXXX PS received the Magistrate order for investigation.
C.Supply certified copies of the Magistrate’s order for investigation
D.Details of the preliminary investigations done/verified by the I.O to ascertain that the statements of the complainant are true, before recommending the registration of FIR XXX/2012
E.Supply me names of people / date / time / addresses that I.O 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.
F.Time spent on investigation – (total number of days before/after arrest). 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 CC: XXX/2012.
G.If the answer is “No” or “Not Available” to the above points then supply me with reasons for your justification in not initiating such preliminary actions/measures that are suggested/ available at the disposal of the I.O or Dowry Prohibition Officer
H.If the information in requested in above points is denied to the applicant, state the reasons for your denial.
10.Supply me with investigation/enquiry details address of the accused A1, A2, A3 and A4, Plot 102, Gunrock Enclave, Secunderabad:
A.Provide me with the date and time, when the Local Police Station, Secunderabad were first informed by the XXXXX PS about the above crime FIR No: XXX/2012 to serve arrest warrants against all accused residing at accused address which is within the Local PS limits. Provide me the certified true copies of all relevant documents and records, like station house dairy, station movement register, or any entries made with respect to this information, which the PIO deems relevant and necessary to disclose and maintained at XXXXX PS, for this requested information.
B.Provide me with the date, time and communication medium used, when the XXXXX PS, first informed all the accused about the said crime FIR No: XXX/2012 to make arrests or informed them about the registered criminal case. Supply 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 I.O
11.Supply me certified copies of the documentary evidences collected by the I.O before fixing A1 into the case (collected from USA for the allegations happened at USA).
12.Supply certified copies of the documentary evidences collected by the I.O before booking A2 to A4 into the case
13.All the allegations reported on accused person A2, A3 and A4 happened at Accused address. For the investigation on the crime happened outside your FIR registered PS limits, needs Honourable Court cognizance under Cr.P.C (156 & 170) sections, correct me if I am wrong. Provide certified copy of the permission received from the Honourable Court.
A.If permission of the Honourable court was not taken, please state reasons why ?
14.Confirm:
A.If “Pasupu-Kumkuma” and “Stridhan/Streedhan” are same.
B.If “Pasupu-Kumkuma” is considered as dowry under India Law
C.If “Stridhan/Streedhan” is considered as dowry under Indian Law.
15.Supply me the details of people, other than LW2 to LW7, with whom I.O met during his/her investigation.
16.As per memo issued by Office of Commissioner of Police, Hyderabad (Memo: NO.L&O/M6/1315/2002) “No accused are to be arrested without the prior permission of the DCP”.
A.Has XXXXX PS taken the necessary written permission from the DCP prior to arrest of A1, A2 and A4?
B.Enclose the copy of the written permission received from DCP, authorising arrest of A1, A2, A3, and A4.
17.Under what rule, law or criminal procedure did the I.O. of XXXXX PS seize the passports of A1, A2, and A4? Provide or quote specific law.
18.As per Supreme Court judgement (CRIMINAL APPEAL NO.179 OF 2008 [ARISING OUT OF S.L.P (CRL) 3408 OF 2007] SURESH NANDA Vs C.B.I and also Maneka Gandhi vs Union Of India on 25 January, 1978, passport is liberty of a person and neither court nor police have the authority to seize or impound a person’s passport. Passport can only be revoked or seized by the Passport Authority.
A.Did the I.O of XXXXX submit a petition before The Passport Authority to seize the passports of A1, A2, A3 and A4?
B.If YES, provide documentary evidence
C.If NO, give reason why Supreme Court guidelines were not followed in this case?
D. Under what law, guidelines, sections or authority did I.O seize passports of A1, A2, and A4? Quote the specific law permitting a police office to seize passports
E.State when the passport of A1, A2 and A4 were seized? How many days were the passports held at XXXXX PS
F.Regarding A3, “FATHER” Passport , provide a copy of the petition filed by I.O of XXXXX PS to the X MM Court to seize the A3’s passport
G.State the number of “Seize Passports Petitions” filed by XXXXX P.S. in any court from the year 1st Jan 2009 to 1st Jan 2014.
