Manpreet (Manager) 15 May 2015

Rti for matrimonial cases - 498a & others

Dear Experts,

I filled RTI to Director General of Police, Bihar for certain information in march 2015. But didnot get any reply from them. I want to file first appeal , but donot have the details of first appealate authority. Can anyone let me know about fisrt appealate authority address. My RTI application was as follows (Is there any problem in my RTI application?)

To,
The Public Information Officer
Office of the Director General of Police (Bihar),
Bihar Police Headquarters,
Old Secretariat, Patna, Bihar-800015

From:
Xxxxxxxxx

Subject: Application under the RTI Act, 2005

Sir,

Please provide the following information with respect to the same:

1) Kindly provide the information, pertaining to, whether the Bihar Police and Police Stations under its jurisdiction, including all the Police Stations, (over 853 police stations approx), are made aware of, compulsorily issuing a notice from 3rd November, 2010 onwards, (as per Section 41A of CrPC Amendments 2008, amended Section 41A of CrPC Amendments 2010 and amended Section 41A of CrPC Amendments 2014), in all cases to appear before him or at such other place as may be specified in the notice, in respect of a cognizable offence for which the maximum punishment is up to seven years.

a) Please provide certified copies of circular(s) or/and other documents as applicable.

b) Please provide certified copy of Rules defined by Bihar Police Department or Ministry of Home Affairs (Central or State), which ever is applicable, with regard to the contents of the notice as mentioned in aforementioned amendment. (Rules regarding way of serving notice, How much maximum and minimum days should be given for appearance, etc).

c) Please provide details of the training conducted in period from 1st January 2011 to 31st March 2015 for the police personnel where in the Awareness of Section 41.1A was provided.

d) Please provide copy of the page(s) in the police training document/Manual using which the police personnel is made aware of the need to provide notice of appearance as envisaged under section 41.1A .

2) Kindly provide me with certified copies of the latest guidelines, circulars issued by you to the SHOs/SP 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.

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, Bihar, 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 and
Arnesh Kumar Vs State of Bihar dated: 03/07/2014.

b) Kindly inform me whether or not the guidelines in the Judgment Joginder Kumar Vs State of UP dated:25/04/1994 and Arnesh Kumar Vs State of Bihar dated: 03/07/2014, got enforced at Mahila PS, Muzaffarpur,

4) Kindly provide me with certified copies of directions issued by you to Mahila PS and all SHOs 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.

5) 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 various FIR registered by the IO at Mahila PS, Muzaffarpur, Muzaffarpur District.

I am enclosing the application fees of Rs.10

Sl. No Particulars Amount in Rs Total
1 RTI application fees 10.00 10.00

If you feel that above requested information does not pertain to your department then please follow the provisions of Section 6(3) of the RTI Act, 2005. Also as per the provisions of the RTI Act, 2005 please provide the details (Name, Designation and address) of the first appellate authority with reference to your department along with the reply to the above request, where I may if required file my first appeal.

Note:- Please find the demand draft of rupees 10 demand draft no.:-