41A FRAUD BY POLICE
To Dated:- 10/02/2016
Public Information Officer,
Delhi Police Headquarters,
M.S.O. Building, I.P.Estate,
New Delhi-110002
Sub:- Request for information u/s 6 & 7 of RTI Act 2005
Respected Sir/ Madam,
It is respectfully submitted that at around 7:15pm on 09/02/2016 a one page non-diarized letter (annexed for your kind perusal) was handed over to my family where it was written that on 10/02/2016 i.e., on very next day at 10:30pm (i.e., within less than 24 hours) I need to reach the PS Rohini & thereby to give my statement/ explanation/ reply. That I am not able to understand whether this non-diarized & non-dated letter has been sent from the PS Rohini or not as there is no diary number or reference number on it & even no date of issue is written on this letter (annexed for your kind perusal). It is requested that following information may kindly be supplied under RTI Act 2005:-
- Kindly supply me the information whether this non-diarized & non-dated letter has been issued by PS Rohini or not.
- Kindly supply me the name of the current IO in FIR no. 599/14 with PS Rohini and all the dates / time period/s of his association with this FIR.
- Kindly supply me the date of issue of this letter.
- Kindly supply me the diary number &/or file number &/or file reference number with respect to which this letter was sent/ issued to me.
- Kindly supply me the total number of pages which were sent/ issued to me.
- Kindly supply me the name of the person or officer, with designation, rank, belt number who was given the duty to deliver this letter to me.
- Kindly supply me the name of my family member who took receiving of this letter issued in my name.
- Kindly supply me the certified photocopy of the receiving which my family member gave to that person/ officer who delivered this letter to my family member.
- Kindly supply me the certified photocopy of all the pages which that person/ officer was given the duty to deliver to me.
- Kindly supply me the certified copy of the correct letter mentioning the file number or file referencing number or diary number alongwith the date of issue from your office viz., PS Rohini.
- Kindly supply me the name of all the IO's associated with the FIR no. 599/14 with PS Rohini.
- Kindly supply me the date or time period for which each such IO as above handled the FIR no. 599/14 with PS Rohini.
- Kindly supply me the date/ time period during which the IO Sh. Surveen Kumar Ji remained as an IO for FIR no. 599/14 with PS Rohini.
- Kindly supply me the certified photocopy of reasons on record for change of IO.
- Kindly supply me the certified photocopy of reasons on record for change of all the IO's associated in any manner with FIR no. 599/14 with PS Rohini.
- That as per Arnesh Kumar Judgment, Notice of appearance in terms of section 41A of CrPC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing. Hence, kindly supply me the certified photocopy of the reasons on record for extension of this time period.
- Kindly supply me the name & rank of the officer who extended this time period as above.
- Kindly supply me all the dates when this time period as above was extended.
- Kindly supply me the certified photocopy of the reasons on record for extension of this time period on all such dates if such time extension as above was extended more than one time.
- Kindly supply me the information whether the accused against whom 41A Notice has been served is allowed to submit his statement/ explanation/ reply in written or not.
- Kindly supply me the extract/copy of all those document/ Ordinance/ Regulation/ rules/ policy/ code/ circular/ norms/ directives/ notifications/ judgment/ guidelines/ standing instructions/ other related documents containing the powers/ duty of IO to ask the complainant to admit or deny the documents submitted by the accused.
- Kindly supply me the extract/copy of all those document/ Ordinance/ Regulation/ rules/ policy/ code/ circular/ norms/ directives/ notifications/ judgment/ guidelines/ standing instructions/ other related documents containing the powers/ duty of IO to close the FIR if the complainant does not cooperate with the investigation.
- Kindly supply me the extract/copy of all those document/ Ordinance/ Regulation/ rules/ policy/ code/ circular/ norms/ directives/ notifications/ judgment/ guidelines/ standing instructions/ other related documents containing the powers/ duty of IO to lodge a FIR against the complainant if during investigation it comes to the notice of the IO that the complainant lodged a false FIR against the accused.
- Kindly supply me the extract/copy of all those document/ Ordinance/ Regulation/ rules/ policy/ code/ circular/ norms/ directives/ notifications/ judgment/ guidelines/ standing instructions/ other related documents containing the powers/ duty of IO to issue a notice under CrPC 91 to the complainant to call for the documents in support of her FIR.
- Kindly supply me the information whether any CrPC 91 notice was issued to the complainant or not. This information is requested to be supplied through a yes or no only.
- Kindly supply me all the dates when such CrPC 91 notice was issued to the complainant.
- Kindly supply the certified copy of reasons on record for calling the accused mentioned within the annexed letter after a long gap of around two years after registration of FIR.
- Kindly supply the certified copy of reasons on record for calling the accused mentioned within the annexed letter by giving him less than 24 hours notice.
- Kindly supply the certified copy of reasons on record for issuing of 41A notice to the accused by an unknown IO.
LIFE & LIBERTY CLAUSE :- The requisite information is requested to be furnished within 48 hrs as per section 7(1) of RTI Act 2005 as the information also concerns life and liberty as applicable vide Article 21 of Constitution of India r/w judgment in case of Sheela Barse V. State of Maharashtra AIR 1983 SC 378
I am sending a Blank Postal Order no. 32F 083449 of Rs. 10 dated 10/02/2016 is attached herewith. Kindly fill the PIO details as it is the duty of PIO to provide reasonable assistance u/s 5 (3) of the RTI act to applicant. The requested information shall be supplied free of charge in case the same could not be supplied within 30 days u/s 7(6) of RTI Act 2005. Kindly provide the information to each point separately. Please do not club the information to the points even if the information is repeated.
(ATUR CHATUR)
C/o Q-7/77, GF, Sector-30, Rohini, Delhi-110085