Tuesday, April 28, 2009

Police not investigating ?

WHEREAS the Petitioner above named through his Advocate XXX, presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not investigating into the Crime No.xx/2008 of CCS, WCO, DD, Hyderabad is illegal, improper and without jurisdiction and consequently direct the 2nd respondent to investigate into the case and file final report U/s. 173 Cr.P.C.


AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI XXX, Advocate for the Petitioner and of GP for Home for the respondents 1 & 2 directed issue of notice to the Respondents herein to show cause why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in Writ Petition. And the Court also permitted the petitioner to take out notice on the unofficial respondents and file proof of service into court.

Complain to their Baap's and use all available resources like telegram, phonogram, e-mail, etc


BSNL Phonogram usage:

Are you all aware of the facility available with "BSNL" landline telephones called Phonograms? It is a facility provided by BSNL for sending telegrams through phone.

The system is:

1. Dial 1585
2. You will get a registration no. [ say 10].
3. Whe ur turn comes, you will get a call from the telegraph office asking you to give the telegram details.
4. If you are sending same communication to 'N' no. of people, you can read the body of the message once.
5. Give them addresses of receivers.
6. Give them sender's name and address.
7. Collect the alphanumeric code from them [ e.g.K11-K20 for 20 no. of telegrams] for future reference.
8. Telegrams will be delivered at the receivers end .
8. If the telegram is not delivered, they will come back and inform you.

This gives you the advantage of both [i] written communication [document record like physical interview call letter] and [ii] ensures faster reach [like email]. I am sure this will give you better Attended-to-called ratio.

This is the best way for reaching rural areas where there is not email/computer facility.. and police who are biased against you.

**************


Guidelines for investigation relating to 498a complaints:


OFFICE OF THE ADDITIONAL COMMISSIONER OF POLICE , CRIME
AGAINST WOMEN CELL, NANAK PURA, DELHI
No. 459-66/P.Sec/Addl.CP/CAW 29/03/2007
To
All District DCsP
Accept DCP North District
Delhi
“Guidelines for the investigation of Dowry related cases”
Memo
Please find enclosed the guidelines prepared by DCP North District for the investigation of the dowry related cases. The guidelines are very useful therefore may be implemented in all the districts to improve the quality of investigation of such cases. District DCsP may like to guide the investigation officers accordingly.


Sd/-
(TAJENDRA LUTHRA)
Additional Commissioner of Police
CAW/Cell, Nanakpura, Delhi
Copy to :-
1. Jt. CP Ranges for information.
2. DCP North District for information.
3. DCP/CAW Cell Nanakpura, Delhi
4. Addl. DCP/CAW Cell Nanakpura, Delhi
5. ACsP/CW Cell Nankpura, Delhi
Sd/-
(TAJENDRA LUTHRA)
Additional Commissioner of Police
CAW/Cell, Nanakpura, Delhi
OFFICE OF THE DY. COMMISSIONER OF POLICE NORTH DISTRICT , DELHI
CIRCULAR
It has been observed that the investigation of the case, related to cruelty/harassment in lieu for the demand of dowry are not being investigated properly . as a result , many allegations are leveled by the complainant/accused party against the IOs of such cases and other officials.
Also, the quality of investigation, which is detrimental to the outcome of the trial of the cases, suffers. A set of basic guidelines to be followed during the investigation of these cases are given below. These are not exhaustive.


1. The statements of witnesses u/s 161 Cr.P.C. should be recorded in a Question and Answer module. All possible efforts should be made to corroborate the contents of the statements of the witnesses so recorded.


2. In the complaints related to these cases allegations are leveled against all the family members of the family of the husband by the complainants. The IOs should apply their mind before making the arrest of any family member who was not residing in the matrimonial house of the victim after the marriage. The IOs should collect the vital evidences in this regard diligently, like duration of the stay of the alleged person at the matrimonial house, verification of Travel documents , repot from the employer regarding leave etc of the relatives of accused person to justify their arrest.


3. IOs should ensure application of mind in the collection of the evidences related to the cruelty/harassment aspect. This cruelty/harassment should invariable by linked with the demand of Dowry, in shape of reports made by complainant with concerned Police Station and medical reports with regard physical assault to the complainant amongst others.


4. Local enquiries be invariably made with regard to allegations made against the relatives of the accused persons, so as to corroborate the allegations against them. This should be done in order to avoid miscarriage of justice. The investigation conducted should not reflect that the IO has affected the arrest of all named persons in the complaints/FIR without application of mind.


5. Information Sheets should be filled by the IO at the time of arrest and the same should be verified invariable within 24 hrs. if the residence of the accused falls under the limes of Delhi. Sincere efforts should also be made to verify the remaining information sheets by using modern facilities like Fax etc. and by wise legal application of mind.


6. The gift items given to the husband by in laws should be segregated by the IOs form the list of Istri-dhan and the complainant should be informed accordingly.


7. The receipt of purchase/procure or manufacture of the Istri-dhan articles should be procured by IO immediately where in allegation of misappropriation/ criminal breach of trust exists. In the absence of any documentary proof, the efforts put in by the IO in this regard should be reflected in the body of the case diary and proper verification should be done to establish the source of the Istri-dhan to establish the genuineness of the allegations leveled by the complainant the complainant should also be asked to disclose the source of money used to purchase costly items.


8. At the time of the recovery of Istri-dhan articles, proper inventory should be made by the IOs in the presence of witnesses and copy of the same should be given to the complainant and also to the accused party. If the place of recovery is in other state, concerned Police Station and Magistrate having the jurisdiction should be informed accordingly, so that necessary action by the police officials of other state is taken with regard to Istri-dhan. 


9. Efforts should also be made to encourage the parties to the Istri-dhan released on superdari at the earliest, owning to the shortage of space in almost the Police Stations, Malkhana. Such articles occupy huge areas and are often placed in the open with consequent damage to the property which should be avoided otherwise.


10. Charge-sheets may not forwarded “To Court” by the ACP concern without having CRO Report in respect of the accused persons.


Sd/-
(DHEERAJ KUMAR)
ADDL. DY. COMMISSIONER OF POLICE
NORTH DISTRICT. DELHI
All ACsP/ Sub Division and ACP/CAW Cell, North District to ensure
meticulous compliance.
NO _________/P.Sec/ADCP/N/ DATED DELHI THE ______________
Copy to :-
1. SO-Jt. C.P. , Northern Range for information.
2. SO-DCP North District for information.

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The institution of marriage itself is gradually being put to test in contemporary Indian society with IPC 498A kind of laws, more so in urban pockets. More couples than before are opting not to tie the knot, preferring to simply live together instead. Cohabitation is common in a small number of advanced societies, some of which - like the Scandinavian countries - give live-in couples the same rights as those who are legally wed.

Marriage, therefore, is often a mere formality, or a matter of choice, in such societies. However, the reality in India is different. Due to a combination of social and religious factors, as well as the absence of safety nets and welfare, marriage is still an institution that is preferred over any other form of union. It is the fundamental relationship around which families are built and lend stability to social structures in India.

That said, it is crucial that we recognise the changes that are taking place. Instead of ruing the loss of old values, we would be better off gearing up for new realities. That includes updating our laws and social attitudes.
Add not fire to fire.
Do not throw the arrow that will return against you.
Beggars can never be bankrupt.
You can bear with your own faults, and why not a fault in your wife/husband?
Better an egg today than a hen tomorrow.
The child who gets a stepmother also gets a stepfather.
Where there is dowry there is danger.
Anger can be an expensive luxury.
The bachelors crave to get married, and the married ones regret why he got married.
O daughter, I’m telling you. O daughter-in-law, listen to this…..
Pray one hour before going to war, two hours before going to sea, and three hours before getting married.
Even the moon has spots.
It takes time to save time.
Comment is free but facts are on expenses.
It is wise to keep in mind that neither success nor failure is ever final.
Readers are plentiful, thinkers are rare.
It is not whether you get knocked down; it is whether you get up again.
There are times when silence has the loudest voice.
Do not wait for success, go ahead without it.
One does not learn anything that one does not love.
When there is no enemy within, the enemies outside can not hurt you.
Do not look where you fell, but where you slipped.
To know the road ahead, ask those coming back.
If you bow at all, bow low.
The day you decide to do it is your lucky day.
Proof rather than argument.
Where you cannot climb over, you must creep under.
Faults are thick where love is thin.
It is harder to kill a whisper than even a shouted calumny.
BE THOU AS CHASTE AS ICE, AS PURE AS SNOW, THOU SHALT NOT ESCAPE CALUMNY.