Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sarmmarmbb (goi)     25 August 2015

False & fabricated doc used for fir u/s 498a

Respected experts,

Attached file is a false and fabricated document which was used by father-in-law at CAW Cell proceedings in support of huge expenditure of 9 lakhs on marriage of her daughter.  The entry of 6,50,000/- is the amount withdrawn from his General Provident Fund for the purpose of marriage of her daughter as also alleged in FIR.

 

But the IO at that time ignored and avoided its investigation by way of finding out clearance of the bigger amounts by way of cheques as circled Rs.3 lakhs knowingly.

I know had this document been investigated honestly by the police, IO, my FIL would have been behind the bars.  I have been refused about this circled 3 lakh che. clearance where it was actually cleared.  Actually, i feel my FIL has fabricated this document only to lodge the FIR in 2008, it was not in his imagination that I could fight so long...and give him tough fight. Now, i feel if this document is investigated, which police is not doing, my wife and FIL would be jailed and I could be aquited.

I feel now I am unduly facing the protracted trial while at the same hand I am rearing very well on my own my daughters proudly and sincerely showering on them immense love and affection, both of which had been deserted by wife in 2008, their custody are with me, and she has been denied their custody in view of her desertion at the very tender age of children (1 1/2 , 2 1/2).

 

Please advise me the way any way to get the same attached document of expenditure Rs. 6.5 lakh amount investigated?? What plea I should take before the Court of Law in criminal court before MM (Mahila Court), after charge framing, because it was the sole ground for lodging of FIR u/s 498A against me and my parents.  It is because the IO (police), her counsel, judiciary too, seems hand in glove to linger on the trial.

Pls advise urgently how to get the attached document investigated by the court of law?  Can I seperately file any application before CBI or Crime Branch of Delhi Police to get the same investigated??

Deep regards

 


Learning

 1 Replies

kunal   25 August 2015

You dont do anything , let the govt do this for you.

Advise :

1) File TEP

2) Send RTI to local police.

Check the content :

Application for obtaining information under the Right to Information Act, 2005

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 why police 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) of RTI Act).

Place:

Date: Signature

1. I have given a petition dated ——- requesting my wife to join matrimonial life, why IO did not disclosed that information in the Charge sheet or did not present it to the Honourable court.

2. Complainant and her parents very well knows about this petition for reqest to join marital life and in reply to that she denied to join marital life, but nowhere they mentioned about this in the FIR. Why the investigation officer did not disclosed this information in the charge sheet.

 

TAX EVASION PETITION :

 

Dated: ___________
To,
Chief Commissioner Of Income Tax
_____________________________
_____________________________

Sub: Tax Evasion Petition against Shri. XYZ S/o Shri ABC

Dear Sir/ Madam,

This is a tax evasion complaint against Shri XYZ S/o Late Shri ABC whose details are:
Residence Address: ____________ Office / Business address __________

Background

Smt. 498ª WIFE D/o Shri. XYZ has framed a false dowry complaint under section 498a/323/504/506 of IPC and under section ¾ Dowry prohibition act .It has been claimed by Smt 498 A WIFE in her own admission that Shri XYZ & Smt XYZ WIFE had spent over Rs __ lacs in the marriage on MAY, 2004 (in financial year 2004-2005)

Interestingly Shri XYZ & Smt XYZ WIFE married her second daughter even if we assume that same amount of money was spend in her marriage as alleged in the FIR. It needs to be verified how come Shri XYZ amassed such an astonishing wealth for both these marriages.

Shri XYZ & Smt XYZ WIFE also married his second daughter where it is presumed that he must have spent an equivalent amount in her wedding. It means he spend more than 30 Lacks Rupees. It becomes my duty as a patriot and citizen of India to ask the authorities to verify the source of income and tax returns filed by Shri XYZ.

It is submitted that Shri XYZ was a __________ employee and was worked with ______________, where from he bought such huge sum of money for said dowry and has carried other liabilities of family besides having other liabilities is a matter of investigation which your esteemed department has the jurisdiction to investigate.

Please investigate as to whether Shri XYZ, Smt XYZ WIFE (housewife though) has ever shown such a huge amount as his / her income and paid taxes on the same (this income does not include only amount allegedly spend on dowry items but also amount spend on other liabilities of his family and invested / spend on the properties owned by him) and if they had purchased the items of dowry from shops / showrooms after paying proper taxes for their purchase.

Ground for complaint

As Shri XYZ (as claimed) had spent Rs ___ lacs in financial Year 2004-2005 so his income tax return and source of fund of Rs ___ lacs may be verified and tax should be collected as per provision of Income Tax.

Further careful perusal of the FIR & Attached Complain letter of Smt 498 A WIFE hints provision of section 68,69,69A, 69B, 69C & 69D under Income Tax Act of 1961 are applicable on Shri XYZ as far as in my knowledge. However there may be many other provisions of income tax which is best known to Honorable Income tax authority.

The section 68 deals with cash credits proving identity of the creditor, capacity of the creditor, genuineness of the transaction are the important things of this section. Section 69 & 69A, B deals with unexplained investment, unexplained money & investment not fully disclosed in books of accounts.

Section 69C deals with the unexplained expenditure, the important requirement of this section is that an expenditure has been found to have been incurred by an assessee in any financial year and the assesses fails to indicate satisfactory source of such expenditure.

Request & Relief sought

Shri XYZ income and source of fund should be verified for expenditure of Rs ¬¬___ lacs in financial year 2004-2005 to recover the tax and start proceedings against Shri XYZ as per provision of Income Tax and the authority is under bounden duty to investigate the said information since it relates and its refusal may prejudice the appellant upon which an FIR has been registered.

Since criminal jurisprudence, it is clear that innocent person should not be convicted and a person is presumed innocent unless found guilty/convicted.

Honorable Justice S. N. Dhingra has also given voice to my feelings in his Judgment of “Neera Singh Vs. The State (State Govt. of NCT of Delhi) & Others – CRL.M.C.7262/ 2006 – 23.02.2007 as below
“Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns”

It is therefore requested that necessary Investigations may kindly be made against Sh. XYZ, Smt. XYZ WIFE and Smt 498A WIFE the interest of justice and requirements’ of law.

Shri XYZ provides the details of money being spend as gift received from the relatives, friends etc, the flow of money should also be verified as there is every apprehension that he may provide false Information and cheat the Tax Authorities.

As per Income tax rules, the source of Shri XYZ income must be checked and recovery should be made from him against the expenditures he has made in the marriages of his daughters. I may be given the due prize money as per income tax guidelines for revealing this to the authorities.

I would also like to request that the name of investigating officer be provided to me who
will be looking at this matter, as there is every apprehension that the information provided to me will be misleading due to political pressure and beauraucratic contacts of Shri XYZ,Smt XYZ WIFE.

I request you to kindly take cognizance of my complaint and honor the aforesaid Judgment to verify his expenditure and initiate action against Shri. XYZ, Smt XYZ WIFE for tax evasion if any.

With Regards,
Husband
ADDRESS:
MOBILE:

 

 


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