Information regarding investigation into 498A/406/34 cases
- WRT rule 2 of Dowry Prohibition act-1985 (rules in accordance with which lists of presents are to be maintained) and wrt the lists supplied by the complainants, Pls provide to me the point wise reply for the following regarding compliance with the flwg:
1a. Is brief description being given about each item. Yes or No.
1b. Approximate value of the present being declared against each item. Yes or No.
1c. Name of the person/relation who had handed over the particular item. Yes or No.
1d. Had the list being signed by both the bride and bridegroom? Yes or No.
1e. Had the list being signed by relatives from both sides? Yes or No.
- WRT to pt.1 kindly intimate to me the serial number of complaints and corresponding FIR number in which the list complies with the said DP Act rules. Pls provide to me the data from 01 Jan 2009 to 30 Sep 2012.
- WRT to pt.1 kindly intimate to me the serial number of complaints and corresponding FIR number in which the list does not comply with the said DP Act rules. Pls provide to me the data from 01 Jan 2009 to 30 Sep 2012.
- WRT pt 3, state the reason behind accepting such lists when there are specific instructions from the police headquarters wrt circular 07/2007 for not accepting such lists.
- What actions could be initiated against such police officials for not complying with such laws and instructions from the headquarters itself?
- Is it mandatory and must for a CAW cell to follow and comply with Delhi Police Circular 07/2007 dt 23/03/2007 and cir. No. 459-66/P.Sec/Addl. CP/CAW dt 29/03/2007. Please reply in Yes or No.
- Can a CAW cell recommend and register a FIR in dowry related cases if Delhi Police cir 07/2007 dt 23/03/2007 and cir. No. 459-66/P.Sec./Addl. CP dt 29/03/2007 have not been followed?
- If answer to point no. 07 is Yes, then on what basis CAW cell recommend and register FIR in Dowry related cases? Kindly provide to me the detailed information.
- If list of articles/Istridhan supplied by a complainant in dowry related complaint is NOT as per Rule 2 Dowry Prohibition Rules, 1985, then IO of CAW cell should accept such a list or not. Please reply Yes or NO.
- If the IO of CAW cell accepts a list of articles/Istridhan supplied by a complainant which is NOT as per Rule 2 of Dowry Prohibition Rules, 1985, then whether a case u/s 406 IPC is made out against the alleged accused or not? Please reply Yes or No.
- Is it mandatory for an IO to obtain a search warrant from conducting a raid to recover Istridhan?
- Kindly provide to me the list of official diary numbers of all the DCP’s permission letters enabling the complaints to be lodged as FIRs. Pls provide to me the information from 01 Jan 2009 to 30 Sep 2012.
- Kindly provide to me the ‘legal definition’ of a,b,c and d stated below which the IOs of your police station follow and which must have been followed at the time of lodging the FIR and during the investigation. a. Dowry b. Customary gift c. Ceremonial gift and d. Istridhan.
- Do the investigation officers segregate the items according to point 13 and then recover the Istridhan?
- Kindly explain to me whether articles given to the relatives as customary / ceremonial gifts come under the purview of Dowry. If Yes, then how, under which legal provision? Please provide to me the certified copies of the same.
- What actions are being taken by the IOs when the distant relatives are being roped in to harass the alleged accused?
- WRT pt 16, do the IOs comply with the definition of relative as specified by Hon’ble Supreme Court of India in its decision in the matter of U. Suvetha v. State by Inspector of Police and another [Criminal Appeal No. 938 of 2009] and Preeti Gupta & Anr. v. State of Jharkhand & Anr. reported in (2010) 7 SCC 667,
- WRT pt. no. 17, if Yes, then How?
- WRT pt. no. 17, if No, then Why?
- Do the complainant’s compliant are being taken on its face value, or they are being scrutinized as it has been categorically stated by the cir. 07/2007 that the complaints shall be carefully scrutinized before being registered as FIR?
- What precautions are being taken before lodging the FIR?
22. Kindly intimate to me in detail the procedures adopted by the IOs of your police unit for complying with the Provisions of Dowry Prohibition Act-1961 and regarding maintaining the list as per Dowry Prohibition Act 1985.
23. Where there is an expenditure of a huge amount of money without disclosing the source ofincome, police should insist upon compliance of Rule 2 of the Dowry Prohibition (Maintenance of lists of presents to the Bride and Bridegroom) Rules, 1985 and SHOULD NOT ENTERTAIN ANY COMPLAINT IF RULES HAVE NOT BEEN COMPLIED WITH. –Kindly intimate to me in detail how these provisions have been complied with.
24. In case a grown up and well educated women gets married to a person despite a demand of dowry, she and her family members also become accomplices u/s 3 of DP Act-1961.Appropriate actions should be taken against them. – Has this been implemented in all cases?
25. Kindly intimate to me the reasons why all the FIRs have not been uploaded on net despite the orders from Hon’ble High Court vide its order dated 06/12/2010 whereby all the FIRs should be uploaded with in 24 hours. Please refer to WP (Crl) 468/2010.
26. Pls provide to me the registration number/s of the police vehicles used by your police station
staff during the day to day operations.
27. Kindly intimate to me how the police staff travels when they go outsideDelhi for investigation?
28. Kindly intimate to me the BAR which is being considered to describe the words ‘”EXPENSIVE” and “HUGE” . As these words are being used most commonly to form a case and being used by the state.
29. Kindly define the term “EXPENSIVE” as being considered by the police while preparing their cases.
30. Kindly define the term “HUGE” as being considered by the police while preparing their cases.
31. Kindly intimate to me in detail the procedures adopted by the IO for verifying the sources of income
Of the complainant and/or other members/relatives during verifying the claims of the complainant
Regarding huge expenditure incurred.
