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SAM (LEGAL)     23 November 2023

Re: rti reply police report in 498a case

Dear Sir,

My 498a case is at hearing stage. 9 hearing dates have been completed. The witness didn't appear in the court. In last date court has ordered to issue witness summons. After filing RTI Application to the police asking about police report with regard to service of summons/notice on first informant and witness the police replied through RTI that they couldn't find any details.

Kindly advise what should I do? What should be my next procedure


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     23 November 2023

If the police reply to the questions raised through RTI act is not satisfactory, you may prefer to send first appeal to the appellate information officer and then escalate the matter through second appeal if the first one is also not satisfcatory

Sanskriti Tiwari   23 November 2023

It seems like a challenging situation with the witness not appearing despite multiple hearings and the police unable to provide information on summons/notice delivery. In such cases, it's crucial to ensure proper documentation of your efforts and to follow legal procedures diligently.

Firstly, ensure you maintain records of all communication, court orders, and responses received from the police through the RTI application. These documents are crucial for demonstrating your efforts in attempting to summon the witness and the lack of cooperation from the police in serving the summons.

Next, it might be prudent to inform the court about the police's response through the RTI application. You could file a petition or application informing the court of the police's inability to find any details regarding the service of summons or notices to the witness and the first informant.

You might also consider requesting the court to take appropriate action against the witness for non-appearance and against the police for their failure to serve the summons effectively. This could involve requesting the court to issue a bailable/non-bailable warrant against the witness for their non-cooperation or directing the police to conduct a thorough investigation into the delivery of summons.

Additionally, consulting with your legal counsel regarding these developments and seeking their advice on the best course of action would be crucial. They can guide you through the legal intricacies, suggest further steps, and represent your interests effectively in court.

Overall, a meticulous approach involving documentation, legal representation, and informing the court about the challenges faced in summoning the witness would be essential in navigating this situation effectively.

SAM (LEGAL)     23 November 2023

Thank you T. Kalaiselvan ji and Sanskriti Tiwari for your reply

I will not file appeal as the police has on its own informed that they are not aware of the details with respect to the summons issued by the court.

I am thinking of showing this RTI reply of police to the court. Let the court decide the case and issue directions to the police accordingly

Sanskriti Tiwari   24 November 2023

Presenting the RTI reply from the police to the court could indeed be a crucial step in highlighting the challenges faced in summoning the witness. By bringing this information to the court's attention, you're allowing the judiciary to assess the situation and potentially issue directions or take necessary actions against the non-cooperating witness or the police for their inability to serve the summons effectively.

This action aligns with the objective of seeking the court's intervention and guidance based on the evidence and information available to you. It's important to emphasize the need for the court's direction to ensure fair and just proceedings in your case.

However, it's also advisable to consult with your legal counsel before presenting the RTI reply to the court. They can provide insights on the best way to frame this information effectively and ensure that it aligns with legal procedures and the specific dynamics of your case.

Ultimately, leveraging the RTI reply as evidence before the court showcases your commitment to transparency and adherence to due process, seeking the court's intervention to address the issues faced during the proceedings.

SAM (LEGAL)     24 November 2023

Namaskar Sanskriti Tiwari ji thanks a lot for your valuable guidance and reply. I will do as per your instructions and directions.

Please find scan copy of RTI reply from the concerned police station for your perusal. I have made translation of the enclosed attachment online in english language for you

Attached File : 204308 20231124094544 img 20231123 wa0182.jpg downloaded: 26 times

P. Venu (Advocate)     30 November 2023

Admittedly, you are the accused in the matter. With the assistance of your advocate you can inspect the back file in the Court  and ascertain the information as to the issue and serving of summons etc.

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