Civil Procedure Code (CPC)

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Vijay Nayak (NA)     03 June 2011

498A Quash

I have filed a RTI application to Police, the Investigating officer has replayed as under: based on this shall we file quash pettition. If your answer is YES, please guide me how to put it in the statement in 482 pettition.

1 )            Giving dowry and abetting dowry is also crime. When DP 3 & 4 was registered in the FIR, kindly supply me with information why the IO did not register / counter file criminal case against persons with DP 3&4, who claimed as giving dowry to accused in the FIR. Kindly supply me with the reasons for your justification.

IO: As per the complanent and her family Dowary was given as per their family tradition.

 

2 )      Kindly supply me the information on the legal act with section (sub section, if any) under which xxxxxx Police Station can investigate to file charge sheet against the accused punishable under sections IPC 498A, DP 3 & 4 and 506 for the crimes that had happened xxxxxxx Police Station jurisdiction.

IO: Rs. 2 Lakhs, silver and gold ornaments & for more demand after marriage.

3 )    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. 2 Lakh had happened/occurred, which the complainant had admitted to have given the accused.

 

IO: Oral statement by complainant has been considered but no documentary evidence supplied by complainant or her family members

4 )          If no documentary / material / circumstantial evidences were collected by the IO, kindly explain me the theory on how the IO concluded during his investigations that oral/written statements of the complainant and all witnesses, LWs 1-14 are true.

IO: Recorded Oral statements.

5 )    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.

IO: As per the written complaint and medical bills or documents not produced by complainant.

 6 )    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.

IO: As per the witness statements



 2 Replies


(Guest)

Now send this RTI reply to police and ask them to initiate proceedings against the complainant as the police have themselves got information that a crime under section 3 of Dowry prohibition act has taken place.

Dowry was given AS PER THEIR FAMILY TRADITION means it wasnt due to demand. Then section 4 of DPA does not apply.

If the said allegations as well as evidence on record (till chargesheet) do not constitute an offense under the alleged sections, you can go for quash under section 482

498a victim please advice (o)     23 August 2014

please tell how to file rti?


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