1. The belated stage complaint if made itself dilutes the alleged offences inference taking r/w if you can produce evidence of her 95% time out from shared household further r/w police zero report after investigation as the first multi-agency she approached under alias complaint wich you say in your query and who turned her back after due investigations and whose true copies you claim that you have. Produce these on first available opportunity and now allow Court to put applicaiton of mind on dream violence incidences.
2. A PO can make home visit only after an specific Order is passed by Magistrate Court on request of aggrieved person / wife and more so only after Protection Order(s) to supervise its implementation by respondent / husband and arrayed persons is made but definitely not before and or at the time of making a DIR.
3. The Duties of Protection Officer (S. 9 DV Act 2005) for your clarity are mentioned below;
- To assist the Magistrate in discharge of his function under the Act.
- To make DIR to the Magistrate in prescribed form (Form -1 and a copy to the police & Service Provider).
- To inform the aggrieved person of her legal rights & remedies.
- Duty to facilitate aggrieved person’s access to support services and to take protective measures as follows.
- To take aggrieved person to a safe shelter home (report to Magistrate and police).
- To have the aggrieved person medically examined (report to Magistrate & police).
- To maintain a list of registered service providers, shelter homes, medical facilities.
- To liaise between aggrieved person, police and Service provider.
- Duty to facilitate aggrieved person’s access to court as follows.
~ To assist in preparing an application to obtain relief/s as per Form -2.
~ To ensure that legal aid is provided to the survivor under LSA Act (1987) and make available concerned Form free of cost.
~ Duty to comply with the orders of Court.
~ Ensure notices are served.
~ Conducting home visits.
- Report to court regarding economic assets, bank accounts etc. of respondent
- Restoring of streedhan in shared household.
- To ensure that the order for monetary relief is complied with and executed as per CrPC, 1973
etc.
4. There is specific Clause in DV Act 2005 which bars prosecution against PO who “make DIR in good faith” ! Keep guessing now how STATE starts the bias and how a husband / arrayed respondents becomes sitting duck. It is like saying what a metro wife says is THE ONLY GOSPEL TRUTH J
Hope your till date para wise questions are attended to!
