RTI After 498a Charge Sheet To DGP To Be Sent

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The applicant is requesting information from the police regarding an investigation into a dowry case.

The applicant is requesting copies of documents, evidence, summons, lists, and details collected during the investigation into the dowry case filed with FIR number at Lake Police Station.

The applicant refers to sections 6(3), 7(1), 8, and 22 of the RTI Act regarding timelines for response, exemptions, and the overriding effect of the Act.

THE RIGHT TO INFORMATION ACT 2005

Application for information u/s 7(1) of RTI Act2005

Section 7(1) in The Right To Information Act, 2005:

(1) Subject to the proviso to sub- section (2) of section 5 or the proviso to sub- section (3) of section 6, the
Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a
request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the
receipt of the request, either provide the information on payment of such fee as may be
prescribed or reject the request for any of the reasons specified in sections 8 and 9:Provided that
where the information sought for concerns the life or liberty of a person, the
same shall be provided within forty- eight hours of the receipt of the request.

Please observe, Section 7(1) allows only for 30 days for responding to an application under the RTI
Act from the date of receipt to the date of dispatch of the information. It does not allow for 30
working days.[Decision on 07th May, 2008, Adjunct to appeal No. CIC/WB/A/2007/00274 dt 10 -03-
2007]

Your kind attention is requested towards section 6(3)(ii) the subject matter of which is more closely
connected with the functions of another public authority,

... transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no
case later than five days from the date of receipt of the application.

Please refer section 22 (Act to have overriding effect) and section 21 (Protection of action taken in
good faith)

To,
The Public Information Officer,
O/o DIG / SSP (Director General of Police, West Bengal
Navanna 325 Sarad Chatterjee Road,
Howrah-711102)

Date: , by regd. AD post

Ref:
(1) Annexure -A: - TEP

(2) Reference Lake P.S.Kolkata Case no.550/13 dated 20.10.2013-(FIR attached as Annexure-1)

Decision of Central Information Commission under appeal no. CIC/WB/A/2007/00264 dated


02/03/2007(attached as Annexure-2)

(3) Decision of Central Information Commission under appeal no. CIC/WB/A/2007/00336 dated
02/03/2007(attached as Annexure-3)
(4) Copy of Honble High Court order WP(C) No. 3114/2007 dated 03/12/2007.

(5) Marriage certificate copy (enclosed as Annexure-4)

(6) Through affidavit the complainant Smt Sirsha Ghose( nee Sircar) declared that

That after not allowing your petitioner for further studies the respondent and his brother and parents
started inflicting mental torture.at her matrimonial home at 11 Deer Park, Santiniketan,P.S Bolpur
District Birbhum and she was restrained from going out of her matrimonial house

Name of the applicant:

Residence address:

Mobile:

Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial
number has been enclosed along with the application as prescribed under Right to Information Act
/Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information.

Information is related to: Lake Police Station

Reference : FIR No.----- of dated:-20.10.13- which was registered at ----lake- Police Station, ----- under
section 498a, 406, 34, IPC and 3/4 of D.P.Act

Particulars of information required under RTI Act 2005 are as fallows:

1. Kindly provide all documents and evidences collected from complainant Ms. (Wife Name) D/o Mr (FIL
Name), R/o Flat 5,105 Jodhpur Garden, Kolkata during the investigation / reinvestigation of the case
pertaining to the FIR No.------ dated:------ which My wife Smt. Sirsha Sircar(Ghose), claims that her
parents have given huge dowry in the marriage of there daughter worth Rupees ------Lacks (Forty Lakh
RUPEES).

2. Kindly provide a copy of summons issued to complainant and her witnesses during investigation of
the case pertaining to FIR.

3. Kindly provide the list of Streedhan list provided by complainant, is the said list a valid Streedhan
List as per the Rule 2 of Dowry Prohibition Act.
4. If Stridhan list was not provided then any list of Streedhan submitted by the complainant Ms.Sirsha
Sircar(Ghose) during investigation of the case pertaining to FIR.

5. If the answer to the above question 3 is Yes, was the complainant ever asked to provide any
evidence in support of the alleged Streedhan.

6. If the answer to the above question 5 is Yes, has the complainant provided any evidence of the
alleged Streedhan in the last two years including the prolonged phase of further investigation demanded
by the complainant.

7. If the answer of the above question 6 is Yes, please attach the evidence of the alleged Streedhan
as provided by the complainant Ms. Pooja Talwar and / or by any of her family members.

8. If the answer to Question 3 is Yes, has the complainant been asked to produce valid bills of all items
mentioned in the List?

9. In a similar case (Case No. CIC/WB/A/2009/000702) of Shri Vijay Kumar Naru Vs. Delhi Police, CWC,
Nanakpura, the Information Commissioner of Central Information Commission has opined that the
investigative officer is supposed to provide the information regarding valid bills of Streedhan claimed by
the complainant. If the answer to question 8 is Yes, please attach a copy of the valid bill of each item
mentioned in the list.

10. Whether the related police officials who deal with marital disputes and dowry related cases are
aware of Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom)
Rules, 1985. If the answer is yes, then are they complying the provisions of the Dowry Prohibition Rules,
1985 while accepting complaints from women?

11. 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?

12. Is Concerned Police Officer & Station House Officer at Lake police station is responsible for case
recommendations on the preliminary stage for filing of FIR on the martial disputes, therefore what are
the actions and measures available at the Station House Officer to prevent the registration of such false
complaint. Because false and fabricated complaints are increasing the burden on Police and Judiciary
system.

13. If the answer to the above question 11 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.

14. Kindly provide details of the various provisions/actions taken by Station House Officer, if the list of
Stridhan submitted by brides accepted due to failure /negligence of compliance of any Act/Judgments
mentioned above. The information sought by the undersigned falls within the ambit of RTI Act and the
information is existing therein. It is further requested that the High Court Judgment WP{C} No.
3114/2007 dated 19-11-2007 and decision of Central Information Commission under appeal no.
CIC/WB/A/2007/00264 dated 02/03/2007 and under appeal no. CIC/WB/A/2007/00336 dated
02/03/2007 may please be considered before invoking the provisions of Section 8 of RTI Act 2005.

Kindly provide information to each point separately. No clubbing of points even if information may be
repeated.

Kindly provide me the name & designation of the officer who is providing this information along with
the details of appellant authority as there is every apprehension that the information being provided to
me will not be relevant and will be misleading.

I may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act.

If you feel that the requested information doesnt come under your office, please follow the provisions
of section 6 (3) of RTI Act 2005 and Kindly also intimate me through registered /speed post to whom you
are forwarding / transferring my application as prescribes in RTI ACT 2005.

It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act,
2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as
Public Information Officer u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Further it is requested that the applicant (a citizen of India) would like to receive the above said
information by post on the address mentioned above, within 30days (thirty days). As prescribed under
the Right of Information rule 2005.

Please rush the information to me by speed/registered post.

Thanking You,
With Best Regards,

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