Mr Freelancer, you game is just started. Do one thing now. Since the FIr has been registered against you under section 498a, under RTI write a letter to SP, District location of FIR in the following format:
Subject: Application under Section 7 “Life or Liberty” of the RTI Act – 2005, as being this matter concerns to the Life and Liberty of Mr. Freelancer
Reference: 1) FIR No: x/YYYY, Dated: DD/MM/YYYY filed at Mahila Police Station, Xxxxxx by Mrs. Xxxx yyyyy.
This has reference to the above subject matter and you are requested to provide the following information point wise in detail / complete in all respect to the FIR No: x/YYYY Dated: DDth Month Year, complaint lodged by Mrs. Xxxx yyyyy at Mahila Police Station, Xxxxxx.
1) Kindly provide me with certified copies of the latest guidelines, circulars issued by you to the SHO’s and Mahila PS within your jurisdiction regarding investigation and verifying the claims of the complainant punishable under IPC sections: 498A, DP ¾ and 307 cases.
2) Kindly inform me in “Yes/No” format, if the police officers are obliged to obey orders, instructions and guidelines regarding policing given by the Apex court or any Courts?
3) Kindly inform me, if the answer to the query in Point (2) is “Yes” then:
a) Kindly provide me a copy of the circular issued by the Director General of Police, Your State Name, as per the instructions given by the Supreme Court of India in the judgment of Joginder Kumar Vs State of UP dated: 25/04/1994.
b) Kindly inform me whether or not the guidelines in the Judgment “Joginder Kumar Vs State of UP dated: 25/04/1994”, got enforced at Mahila PS, Xxxxxx, Mmmm District in FIR no: x/YYYY Dated: Dayth Month Year, registered by the Investigation Officer based on the complaint from Mrs. Xxxx yyyyy.
c) If the answer to the query in Point 3(b) is “Yes”, kindly provide/supply me the relevant facts and documents for your justification.
d) If the answer to the query in Point 3(b) is “No”, kindly provide/supply me the relevant facts and documents for the justification.
4) Kindly provide me the Investigation Officer (IO) details – Name, Designation, Badge Number, Office Address and Phone No who investigated for the aforesaid crime No: x/YYYY, Dt: Month Dayth Year registered at Mahila PS, Xxxxxx and Mmmm District.
5) Kindly inform/supply me about the preliminary actions/measures to be taken if the concerned IO/SHO at Mahila PS, Xxxxxx is responsible for case recommendations on the preliminary stage for filing of FIR on marital disputes, therefore what are the actions/ measures (like counseling or any other measures etc.) available with IO/SHO to prevent the registration of false complaints, because fabricated complaints are increasing the burden on Police and Judiciary system.
6) Kindly inform me about the preliminary actions/measures taken/followed by the IO at Mahila PS, Xxxxxx in this case FIR No: x/YYYY before recommending for registration of criminal case. If the answer is “No” then please supply me with reasons for your justification in not initiating such preliminary actions/measures that are suggested/ available at the disposal of the Investigation Officer or Dowry Prohibition Officer.
7) Kindly provide me the following information (with supporting documents) regarding investigation of the aforementioned crime FIR No:x/YYYY at Mahila PS, Xxxxxx:
a) Date and time when IO at Mahila PS received the Magistrate order for investigation.
b) Details of the preliminary investigations done/verified by the IO to ascertain that the statements of the complainant are true, before recommending the registration of FIR. Kindly supply me names of people / date / time / addresses that IO had interrogated in order to conclude that the offences are real and true and checked the integrity of the petition to conclude that there were no oblique motives and no attempt of blackmail and extortion by the complainant.
c) Time spent on investigation – (total number of days before/after arrest – please mention the clear breakup period of investigation before/after from the date of complaint and also after arrest/surrender of accused till submission of Charge Sheet).
d) Total expenses incurred by Mahila PS, Xxxxxx during the investigation of this crime - from the date of complaint, during/closing of investigation and filing of Charge Sheet in the Honorable Court of the Judge II A.J.F.C.M, Xxxxxxxxxxx. Please provide me all the expense statements along with bill copies like Petrol bills, Taxi bills (if any), Food bills, Toll Tax paid receipts, Lodging and Boarding bills and other expenses incurred, if any, bill copies to be supplied that were supplied to the accounts approval authority.
e) Kindly provide me with the date and time, when the Xxxxx Police station, Medak District were first informed by the Mahila Police station, Xxxxxx about the above crime FIR No: x/YYYY to serve arrest warrants against all accused residing at Xxxxxx PS limits. Please provide me the certified true copies of all relevant documents and records, like station house dairy, station movement register, or any entries made w.r.t this information, which the PIO deems relevant and necessary to disclose and maintained at Mahila PS, Xxxxxx for this requested information.
f) Kindly provide me with the date, time and communication medium used, when the Mahila Police station, Xxxxxx first informed all the accused about the said crime FIR No: x/YYYY to make arrests or informed them about the registered criminal case. Please supply me the necessary documents or records for your justification, if there is any delay by more than a day from the date of the complaint received by the IO.
g) Kindly supply me the date of Journey of the IO to "your city name" and also supply me the details of the people the IO had met during his/her investigation at Xxxxxx/City
h) Kindly supply me the mode of journey with relevant proofs that the IO had submitted to the approval authority when she/he travelled to "your city name" to conduct the investigations and also supply me the number of days the IO had stayed at "your city name"/Xxxxxx to conduct the investigation, please supply me bills of boarding and lodging details submitted by the IO to the approving authority.
i) Kindly supply me the date, time, places and details of the people IO had met during his/her investigation at Xxxxxxxxxxx and Xxxxxx / "your city name".
j) If the information in requested in Points 7(a-i) is denied to the applicant, kindly supply me the reasons for your justification.
8) Kindly provide me with certified copies of directions issued by you to Mahila PS and all SHO’s within your jurisdiction to collect, verify and attach the evidences about the claims of expenses incurred on marriage, before and after marriage, like the bills of purchase and receipts, cash flows, income tax returns, as mentioned in the complaint copy when they have done investigation and recommend that FIR to be made against persons accused with punishable offence under sections IPC 498A, DP ¾.
9) Kindly confirm me whether or not the guidelines in the Judgment of Smt. Neera Singh Vs The State(Govt. of NCT of DELHI) CRL.M.C.7262/2006 dated 23.02.2007 and Others - Justice Dhingra of Delhi High Court has been observed in FIR no: x/YYYY Dated: Dateth Month Year, registered by the IO at Mahila PS, Xxxxxx, Mmmm District.
In the matter of Smt. Neera Singh Vs The State (Govt. of NCT of DELHI) CRL.M.C.7262/2006 dated 23.02.2007 and Others Justice Dhingra of Delhi High Court has observed that:
“The police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.”
Now-a-days, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, involving everybody under Section 498A and 406 of the IPC by making one or the other allegations.
The above idea is not mine but is by one Mr. Cheeda who has been tormented by 498a and has done the same. Please give full credit to this person.