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reddyb   05 October 2015

Regarding articles returned to wife

Dear sir, my wife volunterly left my house , So i filed divorce petetion ..on revenge she filed 498A and Domestic Violence cases, RCR, Maintanance  on me and all my family members.
In that all cases , she clearly mentioned that her articles are focibly took into my custody but the fact is that, While she left my house she only took some of the artcles not everything. After police filed FIR, Chargesheet also filed in the Court. (Around 1 month back police filed Chargesheet). Now she needs some of articles very urgently. So she went to police station and requested to give back all her articles.

Police is pressurising me and my family members to return her articles.

My question is :- After Filing Charge sheet, is the police has right to interfere of anythese items? Please let me know...Or else they are asking me to come to police station ? How to handle this situvation? Please reply?

 



Learning

 6 Replies

prabhakar advocate (advocate)     05 October 2015

Yes.  She has got right to take back her articles.  You tell the complainant to file appropriate application in the court, so that you can return those articles in the presence of the judge and record the facts in the judicial record.

reddyb   05 October 2015

Dear Sir,

That's not the problem. I am ready to give her articles at any point of time. But they are not ready to take in court. So they went to police station and now police is asking to handover her articles in police station. How can i handover in police station, Even though charge sheet filed??? What i need to answer to police...They are pressurising me to give back her articles.

Please note that charge sheet has been filed 1 month back only. but how come police interfering in this matter?? Are police having right to interfere on handover of articles??

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 October 2015

You have to follow court order only when cases are in trial in the courts.

kunal   05 October 2015

Dear  Reddy B,

No need to worry , Tell the police that you wll return the articles through court only and in meantime sent the RTI to DCP at earlist as possible

 

From:
(Your Name and Adress)

To:
Public Information Officer
O/o SSP
XYZCITY

Reference : FIR No —–Dated—– at XYZ Police Station

Respected Sir,

Subject: Particulars of Information Required on Cr.No:XXYY/2009

1. Please provide me the Station Diary / Police diary and Roll Call of Cr.No: XXYY/2009 starting from dd/mm/yyy to dd/mm/yyyy and the entire case dairy details (communication docs between I.O, Inspector of Police and ACP).

2. Please supply me information on date, time & place of crime happened.

3. Please provide me I.O details, date, time & place of investigation.

4. As per the complainant statement, she left matrimonial house on —– due to harassment, please supply the address and time of the incident.

5. Please supply me Cr.No: XYZ/2009 Investigation/enquiry details (happened at crime place, ).

6. Please provide me Cr.No: XYX/2009 case certified FIR copy, documentary evidences collected & Charge Sheet.

7. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from Miyapur for the allegations happened at Miyapur).

8. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from Dilsuknagar for the allegations happened at Dilsuknagar).

9. Please supply me information which are the allegations happened at Dilsuknagar.

10. As per the complainant’s statement, they gave 2 plots, 11 lacks rupees cash and 40 tulas gold. Please provide those 2 plots details given and the date of transfer of property and documentary evidences collected by Investigation officer.

11. Please provide the documentary evidences or bank statements for the transaction of 11 lakhs amount.

12. Please provide documentary evidences or receipts for 40 tulas Gold and on which date they have given to accused.

13. Certified copy of complainant’s medical or hospital records showing the physical harassment.

14. Please supply me information on when Mr.FIL came to know about the incident (time, place and through which media).

15. Kindly supply information under which sections of the Cr.P.C, the investigation is carried out at Dilsukh Nagar.

16. As per Cr.P.C- 177 to 181, investigation on the crime should have happened at the crime place (in the present case crime place is Miyapur). Please provide me details whether this investigation is done as per the legal procedure.

17. Kindly provide me information under which section(s) of Cr.P.C or other supporting Act, investigation is carried out for the crime FIR. xyz/2009.

18. As per complaint, it is stated that my family members instigated me to demand dowry, does this allegation, abetting demanding dowry attracts 498-A IPC on my family members. If answer is YES, please provide the supporting reference docs for the same.

19. All the allegations reported on accused persons happened at Miyapur. For the investigation on the crime happened outside your FIR registered PS limits, needs Honorable Court cognizance under Cr.P.C (156 & 170) sections, correct me if I am wrong. Please supply me the permission received from Honorable Court by the investigation team to continue their investigation.

20. Kindly supply me information on the legal Act with section (sub-section if any) under which Saroor Nagar PS can investigate (to file charge sheet U/s-498A IPC) for the crime FIR No.xyz/2009 happened at Miyapur.

21. As per Cr.P.C-161 statements of the complainant’s mother and witnesses dowry is given at the time of marriage. Giving dowry and abetting giving dowry is also crime. Kindly supply information whypolice did not register the case against these persons.

22. Kindly provide me information on not collecting the neighbor’s statements at my house, Miyapur,Hyderabad.

23. Please supply me information when I.O met (date, time and place) my sister, brother, parents and relatives (accused) and informed (with which medium) about the allegations on them during the investigation.

24. Please supply me the details of people with whom I.O met during his/her investigation.

25. Please supply me information why the complainant delayed to report the crime onMay-15th 2008.

26. Please supply me the documentary evidences supporting the crime by my relatives.

27. Please send me the details (with bills) of the furniture that the complainant gave to us.

28. Please specify the duration of stay of the complainant with my family at Miyapur and also specify the address of stay.

29. Does any proof submitted to the police that show complainant lived with us.

30. Complainant’s maternity uncle Mr. BOBBA Reddy says that 1 lack rupees dowry given at the time of marriage. Her mother says 11 lacks dowry given. Which statement is considered to be true by the I.O before filing the charge sheet?

31. Does the I.O have given the opportunity to the accused to tell the facts with him/her before submitting the charge sheet in the honorable court? Please supply me the supporting evidence.

32. Please provide me why I.O not interested to collect the statements from neighbors at Miyapur.
33. Does it require collecting the statements from the neighbors at Miyapur?
34. Please supply me information on “Jurisdiction” of PS in dealing the criminal cases.
35. Does your PS have the jurisdiction to file the charge sheet?
36. Does it required to inform the accused persons about the allegations on them. If answer is yes, does it happen in this case?
37. Do you admit that I.O failed to transfer the case to the respective PS, which has jurisdiction to entertain the case?

Please provide me information on the above mentioned. For any particular item above if information is not available, kindly inform me why that particular item details were not available. If any of the above items is not understood kindly let me know, for rest of the items please send me the information.

Information required: Through Registered Post

Whether the applicant is below poverty line : No

Language demanded (U/s 6(1) of the RTI Act 2005): English

I.P.O (for Rs. 10/-) No:
In case the subject matter /any of the information is held by / related to another public authority, You are requested to transfer the application or such part of it as may be appropriate to that other Public authority with intimation to the undersigned (Section 6(3) ofRTI Act).

Place:

Date: Signature

 

 
 

prabhakar advocate (advocate)     05 October 2015

If you want to get rid of this headache, you can also move an application in court saying that the complainant wants the following articles and I want to give them back and list the article.  On the given date before the court give the articles.

reddyb   06 October 2015

Dear Sir,

Today i tried to tell circle inspector that i will submit all her articles infront of magistrate. But that guy din't listen my words at all. He is telling that i have to go to that girls home town police station ( Of Around 500-KM) and submit her articles. I told them clearly  she made all allegations in 498A complaint about articles, But he dint listen. Please suggest me if inspector of police involved after chargesheet made it in the court, What should i do?? Please suggest ?? Thank You


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