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onlytruth

RTI Helped me in fighting false dowry accusation

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onlytruth

Like many of people out there, I and my family was accused of taking dowry.

 

The moment I was accussed, all odds went against me. I was almost declared guilty without trial.

 

As a last resort - I has to use the statement made by my FIL againast them. I mailed a copy of complain containing claims that my FIL and his family gave dowry to me to my FIL employer. There was a enquiry whether FIL gave dowry.

 

He had no choice -if he says yes, he would loose his job, so he said "No" to question whether he gave any dowry.

 

Latter, I used RTI to get a copy of his written submission - of course he tried to stop giving me the copy of his written statement, I had to go to second appeal but in order of second appeal - it was held that I should be provided with a copy.

 

Now I have a written statement from FIL saying that he did not give any dowry. Court decision is yet to come but I think it should help me a lot.

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ganpat1956

Good work Satyabachan. Besides handling your own RTI issue, you have also been helping others by answering their queries in this portal. Please continue your good work.

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munirathnam

Hi,

 

Ask the below points to the I.O after completion of the Investigation:

 

1. Kindly supply me the details of the alleged allegation(s) and the nature of the alleged allegation which is attracting the ingredients of section 498A of IPC.

 

2. Kindly supply your opinion whether the details of the alleged allegation(s) and the nature of the alleged allegation attracting the ingredients of section 498A of IPC should be known to Accused and are required to be communicated to the Accused by the police before filing the charge sheet in court.

 

3. Kindly supply me the details of the evidence or law witness statement in support of all the alleged allegation(s) that are attracting the alleged offence U/s 498A of IPC.

 

4. Kindly supply me your opinion whether any of the material evidence or law witness statement that support the alleged nature of the cruelty or harassment occurrence to the complainant on which the police believed that the Accused should be charge sheeted under section 498A of IPC.

 

6. Supply me information on about the jurisdiction applicability ground in support of the your PS to file the charge sheet in Hon’ble Court and send me the details of the ground in details.

 

7. Send me the circumstances of the case that made you to take semi-judicial decision not to investigate the case at Bangalore on the alleged allegations happened at Bangalore.

 

8. Send me your opinion in details whether the residents of Hyderabad are the appropriate witnesses for the alleged crime happened at Bangalore and also send me your decision in accepting the LW5 and LW6 as case witnesses to the case.

 

10. Send me your opinion whether I can approach you with the suitable documents that provide information that the Accused-A1 was in Bangalore on 5th April-2008 which Accused-A1 was not able to produce to the IO before charge sheet is filed because no opportunity is given to the Accused-A1 before filing the charge sheet in Court.

 

11. Send me the details of time, place and communication media through which the IO has communicated about the alleged allegations that are present in charge sheet to the Accused-A1 to A5 before filing the charge sheet in court. Also send me the action possible to take on the IO by the Accused for not communicating the alleged allegations.

 

12. Kindly send me the affidavit filed by the SHO and/or IO to oppose the anticipatory bail to the Accused in the Ho’ble High Court.

 

13. Kindly supply me the details of the alleged allegation(s) that are attracting the ingredients of section 498A of IPC are happened in the jurisdiction of Kukatpally police limits.

 

14. Kindly send me the reason in taking the decision to file the charge sheet in Hon’ble Court at court jurisdiction even though no part of the alleged offence took place in the jurisdiction of the Hon’ble Court.

 

15. Kindly send me all circumstances that were lead to arrest of Accused-A1 at his residence.

 

16. Kindly supply me all circumstances that made police arrest the accused on the basis of hear say witness, considering hear say witness is valid evidence.

 

17. Kindly supply me all circumstances that made police arrest the accused of a cognizable case just on the basis of the complaint allegation without evidence.

 

18. Kindly supply me the details of time, place and the call records that provide information that the LW6 called the Accused-A1 and talked on phone.

 

19. Kindly supply me the particular alleged allegations details of nature of the incident that is attracting the explanation (a) and (b) of the section 498A of IPC.

 

20. Kindly supply me the date, time and place that the Accused-A2 is involved in the alleged crime punishable under section 498A of IPC.

 

21. Kindly supply me the date, time, and the manner that the alleged offence attracting section 498A of IPC is happened and supply me these details for all the alleged allegations.

 

22. Kindly supply me information about the allegations nature attracting the ingredients defined under definition of cruelty/harassment of section 498A of IPC that made the IO and his superiors to charge the accused under section 498A of IPC.

 

23. Kindly send me the details of date and time during which the Accused-A4 and A5 were made phone calls to Accused-A1 and Accused-A1 did harassment to the complainant. Also send me the details of the phone call records that provide information that the Accused-A4 and Accused-A5 made phone calls to the Accused-A1. Also kindly send me the alleged harassment and/or cruelty caused by the Accused-A1 to the complainant after receiving the phone call.

 

24. Kindly supply me the vehicle used to transport the Accused-A1 from Accused area to your PS after Accused-A1 got arrested at accused residence and also send me the proof of the transportation.

 

25. Kindly supply me the date and time that the FIR is sent to Hon’ble Court and also send me through which police personal the Fir is sent to Hon’ble Court.

 

26. Kindly supply me the date and time that the information about the arrest of the Accused-A1 is communicated to the relative/friend of Accused-A1. Also send me your opinion whether the delay involved in communicating the arrest of the Accused-A1 is in according to the law and send me your opinion whether the delay is justified.

 

27. Kindly supply me the importance on the alleged allegations compliance with the sections 211, 212 and 213 of CrPC in criminal case proceedings.

 

28. Kindly supply me the details of nature of the Accused-A1 made the police to arrest Accused-A1and made Accused-A1to attend police station once in week and send me the supporting evidence of this nature on which the police decided to arrest the Accused-A1 and send to judicial remand.

 

29. Kindly supply me the details of circumstances on which the police prayed the Hon’ble Court to attend the police station once in a week and also supply me the details of the circumstances that do not allow the police to oppose weekly attendance of Accused-A1 at police station.

 

30. Kindly supply me information whether the investigation at Wife place is valid on the allegations allegedly happened at Bangalore also send me details of the law position that the police considered as applicable in this case.

 

31. Kindly supply me the date and time of the alleged incident that the LWa informed to LWb saying Accused-A1 is harassing the complainant for dowry and also supply me the phone calls details that show LWx called and spoken with the Accused-A1.

 

32. Kindly send your opinion whether the documentary evidence possible to exists on the alleged allegations and is required to collect and submit by the police before evidence destroy due to age and volatile nature of the evidence.

 

33. Kindly send your opinion whether slapping the complainant on face for one time by the Accused-A2 is attracting the ingredients of section 498A of IPC and also send information on applicability of the explanation (a) and (b) of section 498a of IPC.

 

34. Kindly send your opinion on non-applicability of the sections of Domestic Violence Act and applicability of section 498A of IPC on the alleged allegations present in the charge sheet.

 

35. Kindly supply me information the number of days that the Accused-A2 harassed the complainant continuously and also send me the period that the Accused-A2 harassed and subjected to cruelty. Also send me your opinion whether the harassment should be continuous to invoke section 498A of IPC against the Accused-A2.

 

36. Kindly supply me information the number of days that the Accused-A2 harassed the complainant continuously and also send me the period that the Accused-A2 harassed and subjected to cruelty.

 

37. Kindly supply me the certified copy of the permission granted by the Assistant commissioner of Police to the your PS to go to accused area to arrest the Accused-A1.

 

38. Kindly supply me the details of the investigation carried at acused place and the documents collected by the police at accused place.

 

39. Kindly supply me the details of the places that the police searched for Accused-A2 to A5 before declaring that the accused are in escape and before opposing the anticipatory bail to the accused of this case.

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munirathnam

and aslo select the applicable points listed below:

 

 

2. Plain reading of the charge sheet reveals that the alleged additional dowry demand and the harassment and/or cruelty details done to complainant to meet the demand are not disclosed. Without having the alleged harassment and/or cruelty details with supporting evidence send me your opinion that says this nature of the circumstances is attracting the ingredients of section 498A of IPC but not other sections of IPC and/or Act. Also kindly supply me information whether the details of the harassment and/or cruelty viz, incident time, date and place and the supporting evidence are required to frame the charge on the Accused.

 

3. Kindly supply me the details of the alleged allegation (s) present in the charge sheet that show the Accused-A1 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant that made you to charge the Accused-A1 under section 498A of IPC and also kindly supply me the supporting evidence that show the Accused-A1 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant.

 

4. Kindly supply me the details of the alleged allegation (s) present in the charge sheet that show the Accused-A2 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant that made you to charge the Accused-A2 under section 498A of IPC and also kindly supply me the supporting evidence that show the Accused-A2 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant.

 

5. Kindly supply me the details of the alleged allegation (s) present in the charge sheet that show the Accused-A3 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant that made you to charge the Accused-A3 under section 498A of IPC and also kindly supply me the supporting evidence that show the Accused-A3 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant..

 

6. Kindly supply me the details of the alleged allegation (s) present in the charge sheet that show the Accused-A4 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant that made you to charge the Accused-A4 under section 498A of IPC and also kindly supply me the supporting evidence that show the Accused-A4 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant..

 

7. Kindly supply me the details of the alleged allegation (s) present in the charge sheet that show the Accused-A5 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant that made you to charge the Accused-A5 under section 498A of IPC and also kindly supply me the supporting evidence that show the Accused-A5 willful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant.

 

8. Kindly supply me the details of the harassment caused to the complainant by the Accused-A1 with a view to coercing the complainant or any person related to the complainant to meet any unlawful demand for any property or valuable security or is on account of failure by the complainant or any person related to the complainant to meet such demand.

 

9. Kindly supply me the details of the harassment caused to the complainant by the Accused-A2 with a view to coercing the complainant or any person related to the complainant to meet any unlawful demand for any property or valuable security or is on account of failure by the complainant or any person related to the complainant to meet such demand.

 

10. Kindly supply me the details of the harassment caused to the complainant by the Accused-A3 with a view to coercing the complainant or any person related to the complainant to meet any unlawful demand for any property or valuable security or is on account of failure by the complainant or any person related to the complainant to meet such demand.

 

11. Kindly supply me the details of the harassment caused to the complainant by the Accused-A4 with a view to coercing the complainant or any person related to the complainant to meet any unlawful demand for any property or valuable security or is on account of failure by the complainant or any person related to the complainant to meet such demand.

 

12. Kindly supply me the details of the harassment caused to the complainant by the Accused-A5 with a view to coercing the complainant or any person related to the complainant to meet any unlawful demand for any property or valuable security or is on account of failure by the complainant or any person related to the complainant to meet such demand.

 

13. The mental cruelty is explained by the Supreme Court of India by laying the following definition of “mental cruelty” in V.Bhagat Vs. Mrs.D.Bhagat AIR 1994 SC 710: “the parties cannot reasonably be expected to live together”. Kindly send your opinion whether the action of Accused created this situation to the complainant and also send me the supporting evidences that show that the complainant could not live with Accused-A1 in the matrimonial home.

 

14. The supreme court in CRIMINAL APPEAL NO. 299 OF 2003 MANJU RAM KALITA vs. STATE OF ASSAM decided on 28/05/09 answered the question in negative. Speaking for the bench his lordship honorable Dr. B.S. Chauhan, J held that :

"Cruelty" for the purpose of Section 498-A I.P.C. is to be established in the context of section 498-A IPC as it may be a different from other statutory provisions. It is to be determined / inferred by considering the conduct of the man, weighing the gravity or seriousness of his acts and to find out as to whether it is likely to drive the woman to commit suicide etc. It is to be established that the woman has been subjected to cruelty continuously / persistently or at least in close proximity of time of lodging the complaint. Petty quarrels cannot be termed as `cruelty' to attract the provisions of Section 498-A IPC. Causing mental torture to the extent that it becomes unbearable may be termed as cruelty.”

Considering the above judgement supply me the alleged incident details that is continuously / persistently exercised on the complainant that caused the harassment and/or cruelty.

 

15. In Mohd. Hoshan v. State of A.P.; (2002) 7 SCC 414, the Supreme Court while dealing with the similar issue held that mental or physical torture should be "continuously" practiced by the accused on the wife. Considering this judgement kindly send me the alleged harassment and/or cruelty that is continuously is practiced on the complainant by any of the Accused-A1, A2, A3, A4 and A5.

 

16. The Punjab & Haryana High Court in the decision reported as Richhpal Kaur v. State of Haryana and Anr. 1991 (2) Recent Criminal Reports 53 wherein it was observed that offence under Section 498-A IPC would not be made out if beating given to bride by husband and his relations was due to domestic disputes and not on account of demand of dowry, considering this judgement send me your opinion with the complete explanation whether the dispute allegedly happened on the alleged forcible abortion attract section 498A of IPC on Accused-A3 and Accused-A1.

 

17. Even considering that the alleged incident on the house hold items is considered happen to be true also the alleged allegation do not attract section 498A of IPC being there not demand to meet by the complainant and this incident did not repeat and also no other alleged incident happened and the complainant lived with the Accused-A1 after the brother of the complainant left Bangalore. Kindly send me your opinion that says that this alleged incident is attracting the ingredients of section 498A of IPC against Accused-A1 and A2.

 

18. Even considering that the alleged incident on additional dowry demanded by the Accused-A1 is considered happened to be true also, the alleged allegation do not attract section 498A of IPC being no medical reports and no specific harassment details were disclosed in the investigation. Kindly send me your opinion that says that this alleged additional dowry demand is attracting the ingredients of section 498A of IPC against Accused-A1 and also kindly send me your opinion that clearly describe that the alleged incident do not attract Domestic Violence Act.

 

19. Kindly supply me the alleged cruelty and/or harassment incident details that attract section 498A of IPC, against the Acused-A1, allegedly happened before 25th April-2008 as per investigation report and also send me incident time, date, place and the manner the Accused-A1 caused cruelty and/or harassment.

 

20. Kindly supply me details of the law witness version say that complainant was beaten by the Accused-A1 on 22nd Ma-2008 on which the police prepared the charge sheet saying Accused-A1 and A3 beaten the complainant and kindly supply me information whether CrPC-161 statement of complainant disclose the incident of beating by the Accused-A1 and A3 other than necking out of house.

 

21. Kindly supply me details of the manner the Accused-A1 suspected the complainant and also send me the alleged incident occurrence time, place and date and also what s the supporting evidence on record show that the alleged incident occurred and also kindly send me your opinion that clearly describe that the alleged incident attract ingredients of section 498A of IPC and also kindly send me your opinion that clearly describe that the alleged incident do not attract Domestic Violence Act.

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munirathnam

When ever you ask any opinion and the reasons: you mention that the opion and the reason that is drawn under sections 173, 204, 207, 211, 212, 213, 238, 239 and 240 of CrPC.

 

This kind of RTI applications are applicable to Magistrate also. File RTI and you sleep peacefully and make the corrupt police officers sleep less. Else prepare to go jail.

 

If no proper reply for RTI then file complaint before IC and aslo before Consumer Forum.

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prasad.dhirendra

I have similar case at hand.RTI is ignited by me for one NityaNand Jha who has bee lodged at Saraikela Prison in the state of Jharkhand in a dowry case by daughter in law.In the instant case Saraikela Police have no jurisdiction to investigate/register a case because the alleged crime if any not comitted within his territorial jurisdiction,so i asked the S.P.of the distt. to answer me under what provision of Cr.P.C./gOVT GUIDLINE he proceded with copies to D,G,P.cum I.G.P. of Jharkhand.

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ranjitchona1

good work for drafting such a plea. thnx

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karira

Latter, I used RTI to get a copy of his written submission - of course he tried to stop giving me the copy of his written statement, I had to go to second appeal but in order of second appeal - it was held that I should be provided with a copy.

 

Can you please upload a copy of your second appeal order by the CIC/SIC ? It will be helpful to other members.

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vasding

Wow.........

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