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ravindra (Analyst)     16 January 2012

Rti rejected

Hi All
In my 498A case, My application under RTI has been rejected by the PIO saying
the information cannot be disclosed to the Accused under the exception of the
RTI Act Section 8 (1) (h) about the investigation and the information cannot be
give as the matter is in court we had already filed Chargesheet in court.

Since they havent done any investigation, they are not willing to give the
information.

My question is
Now wht will be the next stpe?
Any one have any case law regarding this?
i m going to file first apeal but befor that can any plz guid me how to go for
investigation details?
Thanks in advance
Ravindra sonavane



Learning

 11 Replies

ravindra (Analyst)     16 January 2012

Hi All I have asked below questions to Police but they declined to give answer as they said they have submitted chargesheet in court so u can get all the docs from court but in court only chargesheet has submitted and no other document attached by police. Plz advice thanks 1. At the time of arrest of me and my family PSI P A Bhosle and Sr PI K T Vidhate has told me that my mother in law Mrs xxx have Maharashtra home ministry letter and we are under pressure that's why we are arresting you and not following Indian Home Ministry rule like before arrest counseling to both parties. Kindly provide me that Maharashtra home ministry letter. 2. Kindly provide me information on the legal Act with section (Sub-section in any) under which any police officer without any inquiry can arrest any person on Home ministry letter or any phone call from any minister. 3. When me and my family got bail my wife and her mother approached two times Sr PI K T Vidhate for compromised to join matrimonial life, why IO did not disclosed that information in the Charge sheet or did not present it to the Honourable court. 4. Kindly provide all documents and evidences collected from complainant Ms. xxx (After marriage name xx) D/o Mrs xx, R/o – xx during the investigation / reinvestigation of the case pertaining to the FIR No.xx/11 dated: 14 Jun 2011 which My wife , claims that her parents have born all the expenses of marriage and also given dowry of five tola gold with Rs 50,000 (RUPEES FIFTY THOUSAND ONLY) gifts in the marriage. 5. Has the complainant been asked to produce valid bills of all items mentioned in the list? If Yes then kindly provide all the bills and authenticity of that bills submitted by Mrs xx and Mrs xx. 6. Please provide documentary evidences or receipts for 5 tulas Gold and on which date they have given to accused. 7. Kindly provide a copy of summons issued to complainant and her witnesses during investigation of the case pertaining to FIR. 8. Supreme Court of India has also declared the misuse of 498A as legal terrorism, so whether concerned police officer and Station House Officer, asked the complainant or her family members to provide any Income Tax Returns, Flow of Money, Bank Statements, List of gift received from relatives along with there name and address (if any), Shop Bills of purchase & others pertaining to the items which she claims in the alleged "Streedhan" List? 9. If the answer to the above question 8 is "Yes", please provide a copy of the said Income Tax Returns, Flow of Money, Bank Statements, List of gift received from relatives along with there name and address(if any), Shop Bills pertaining to the purchase of these items by the complainant and her family members. 10. As per the complainant statement, she left matrimonial house on 11 Apr 2011 due to dowry harassment and also she made me and my family complaint in xxx Police Station, please supply the complaint details or have you communicated with xx Police station regarding that compliant? 11. Please supply me information why the complainant delayed to report the crime on Jun-14th 2011, whereas per her statement she has left my house on 11 Apr 2011. 12. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from xx for the allegations happened at xx). 13. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from xx for the allegations happened at xx). 14. Please supply me information which are the allegations happened at xx. 15. Certified copy of complainant's medical or hospital records showing the physical harassment. 16. Please supply me information on when Mrs.xx came to know about the incident (time, place and through which media). 17. Kindly supply information under which sections of the Cr.P.C, the investigation is carried out at xx. 18. 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 xx). Please provide me details whether this investigation is done as per the legal procedure. 19. Kindly provide me information under which section(s) of Cr.P.C or other supporting Act, investigation is carried out for the crime FIR. 325/2011. 20. 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. 21. All the allegations reported on accused persons happened at Bandra East. 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. 22. Kindly supply me information on the legal Act with section (sub-section if any) under which Kalamboli PS can investigate (to file charge sheet U/s-498A IPC) for the crime FIR No.xx/2011 happened at xx. 23. 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 under section 3 of dowry prohibition Act. 24. Kindly provide me information on not collecting the neighbor's statements at my house, xx, Mumbai. 25. 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. 26. Please supply me the details of people with whom I.O met during his/her investigation. 27. Please supply me the documentary evidences supporting the crime by my relatives. 28. Please send me the details (with bills) of the furniture that the complainant gave to us. 29. Please specify the duration of stay of the complainant with my family at xx and also specify the address of stay. 30. Does any proof submitted to the police that show complainant lived with us. 31. In one statement my wife says I have harassed her for bringing Rs 500,000 dowry and in another statement she says I and my brother came her house on 30-May-2011 and demanded Rs 800,000 dowry Which statement is considered to be true by the I.O before filing the charge sheet? 32. 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. 33. Please provide me why I.O not interested to collect the statements from neighbors at xx. 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? Thanks Ravindra Sonavane

Ravi (Student)     16 January 2012

Hi,

You can file an appeal u/s 19(1) of RTI Act-2005 to his superior officer who is appeallate Authority. You can request any information regarding your case only certified copies of charge sheet, FIR and 161 statements and status of investigation.

Ravi.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 January 2012

When you can get the documents as a matter of right, why file RTI.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

ravindra (Analyst)     17 January 2012

Hi All
I have got letter from police that "we had already submitted chargesheet in
court and if we gave answers to the questions in RTI it will be insult of court.
Kindly advice me is there any chance of filling 1st appeal? or can i get
favourable reply in 1st appeal? what to say if they called me for hearing in 1st
appeal? plz advice.
Thanks
Ravindra Sonavane

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

Be patient, you would get the copy of CS soon.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

ravindra (Analyst)     18 January 2012

i have got CS copy and nothing has attached in CS and also no investigation has done by PS only CS filed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

CS would contain all 161 statements of the witness and all incriminating evidence against you, if there is nothing be happy.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ravindra (Analyst)     19 January 2012

If there is nothing then? CS contains only witness statement and nothing attached. How it is helpful to me? plz clarify. today i filed my first appeal but i dont think so i will get reply.

thanks

ravindra sonavane

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Because that means there is no other incriminating evidence against you other than bland statements of the witnesses. Most of which would be hearsay.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

ravindra (Analyst)     20 January 2012

and if she gives fake gold bills in feauter then?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 January 2012

She can not add anything to the CS now.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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