To
S.H.O.
Police Station
xxxxx xxxxx,
Sub:- Request for registration of case against Smt. xxxxxx and accomplices
Respected Sir
It is submitted that undersigned got married on xx-xx-xxx with Smt xxxxxxx d/o xxxxxxx R/o address as per Sikh rituals. Ours was a love marriage after a courtship of 7 yrs. which took place after my mutual consent divorce from my first wife due to inducement /interference on the part of Smt. xxxxx in our married life. Two children Master Meet aged 5 ½ yrs and Master Parinit 3 yrs were born from this marriage which are in the custody of Smt. Xxxxxxxxx. Soon after our marriage Smt. Xxxxxxxxx started abusing and quarrelling with me on one pretext or the other. To resolve the matter and to save our marriage I requested in person as well as by way of written submission to the concerned authorities /officers (Annexure A, Annexure B). But nothing solved our problems and because of this tension/harassment I got suffered from High Blood Pressure due to Left Ventricular Hypotrophy (LVH) in my heart and now living on medicines. Smt. Xxxxxxxxx is of indifferent nature women whose behaviour towards married life was highly irresponsible as she has no interest in daily household works, cooking, taking care of children and being social. On 04/10/2007 due to her above mentioned habits she has mercilessly beaten the minor child Meet, and on enquiring her about the same, she made quarrel with me and left for her parent’s home without any reasonable cause and filed a false complaint in the CAW Cell, Nanak Pura, New Delhi vide no. nnn/2007. Being employee of Delhi Police, the law and enforcement organisation and remained posted in CAW Cell, Nanak Pura for more then 5 yrs and by virtue of her experience and knowledge, she grossly misused the law with the help of Insp. Xxxxxxxxx and Insp. Xxxxxxxxx, who accomplice her with ulterior motives best known to them. They over ruled all the laws and regulations despite the instructions in the circular 07/2007 dated 23/03/2007 issued by Commissioner of Police which are evident from the followings:-
1. List of Stridhan submitted by Smt Xxxxxxxxx (Attached as Annexure C) was not maintainable as it was not as per Rule 2 of Dowry Prohibition (Maintenance of List of presents to the bride and bridegroom) Rules of 1985 and is direct violation of law by Smt. Xxxxxxxxx and hence the same was false and fabricated which was not even cared by Insp. Xxxxxxxxx, I.O. (the then) of CAW Cell, Nanak Pura.
2. The undersigned requested in writing (Annexure D) to Joint. C.P., Caw Cell, to
ask Smt. Xxxxxxxxx to submit bills for genuineness of claims of her list of Stridhan but Insp. Xxxxxxxxx neither cared nor Smt. Xxxxxxxxx submitted any bills to the satisfaction of the undersigned for her claim and she managed to extort all items which undersigned has handed over all the items to Smt. Xxxxxxxxx vide list dated 07/12/2007 (Annexure E).
3. Despite the clear direction /orders of Hon’ble High Court CRL.M.C.7262/2006 dated 23/02/2007 (Annexure 1) and Commissioner of Police Circular no. 07/2007 dated 23/11/2007 (Annexure 2) which states that “ where there is expenditure of a huge amount of money without disclosing the source of income , police should insist upon compliance of Rule 2 of dowry Prohibition (Maintenance of lists of presents to the Bride and Bridegroom ) rules , 1985 and should not entertain any complaint if the rules have not been complied with” . The source of income was not verified from the income tax returns of Smt. Xxxxxxxxx, Sh. Xxxxxxxxx(Father) and Sh. Xxxxxxxxx (Brother) and Smt. Xxxxxxxxx (Mother). The ruling of the Hon’ble High Court order mentioned above has been violated and the same was ignored by the I.O. Insp. Xxxxxxxxx and Insp. Xxxxxxxxx and on their recommendations FIR No. nnn/2008 under section 498A/406/34 of IPC has been registered in Police Station Dabri against undersigned and his relatives. IPC 406 was intentionally invoked with malafied intention to frame undersigned even when there is no allegation in FIR regarding Stridhan not returned. Even the 498A is being registered merely on the statement of Smt. Xxxxxxxxx where no MLC or other record of any grave injury was specifically stated by the complainant and hence the FIR is false(Annexure F) and is an effort to convert failed marriage into a criminal case against undersigned and his relatives.
4. Smt. Xxxxxxxxx has submitted one complaint dated
5. It is further submitted that WHC Smt. Xxxxxxxxx has already performed gross misconduct by misusing the Govt. Loan for two wheeler as she had taken a scooter loan during her posting in CAW Cell, Nanak Pura, New Delhi in the month of March 2003 but neither purchased any scooter nor intimated the same to the department (Annexure H :- Salary Slip showing deduction of scooter advance and Annexure I: RTI reply from PIO, CAW Cell, Nanak Pura, New Delhi) and hence she is also liable for action under CCS conduct Rules.
6. Enquiry officer Sub Inspector Xxxxxxxxx under the influence of Smt. Xxxxxxxxx with malafied/ulterior motive best known to him visited the residence of my Senior Citizen parents Sh. Xxxxxxx r/o address on 19/06/2008 at about 2300 hrs and harassed the senior citizen and also forced to receive fake summon of Hon’ble Court even knowing the fact that the Ld. A.S.J. Sh. Xxxxxxxxx has already issued the orders that father and mother are not wanted in this case and need not appear in court in this bail application as stated by I.O. and complainant on 07/06/2008 (Annexure J) just before the final hearing of the bail application. The same was strongly condemned by the Hon’ble A.S.J. and warned the I.O. for future.
7. Smt. Xxxxxxxxx purchased one scooter no. xxxxx xx xx in the month of mm m yyyyfrom M/s xxxxxxxxxx, which is from the unaccounted money, earned by way of illegal means from her Traffic posting, to which undersigned has given application (Annexure K) but no action was taken by the concerned authorities against her till date. The payment of the same was given by a City Bank Credit Card which was issued to her brother Sh. Xxxxxxxxx which can be verified from the bill of scooter and the credit card details of her brother.
8. Therefore you are requested to kindly register the case for being congnizable offence ouccrred as per the direction of Hon’ble High and take necessary action against Smt. Xxxxxxxxx, her father Sh. Xxxxxxxxx, her mother Smt. Xxxxxxxxx , Insp. Xxxxxxxxx and Insp. Xxxxxxxxx of CAW Cell, Nanak Pura and Sub Inspector Xxxxxxxxx of P.S. Dabri for Contempt of Court Order and Gross negligence in performing Govt. Duties and under section 3 of Dowry Prohibtion Act along with sections 120B, 177, 182, 191, 192, 193, 194, 195, 196, 199, 200, 209, 211, 383, 388, 406, 464 506 and 34 of IPC.
9. It is necessary to mention here as per the guidelines of various Hon’ble Courts and Commissioner of Police circular that the police is duty bound to register FIR immediately in the case any cognizable offence is reported without starting any enquiry on the information received as per following orders:-
a. Hob’ble Supreme Court of India in Criminal Appeal No. 1229 of 2002 in title RAMESH KUMARI VS STATE(NCT OF DELHI) & ORS. Dated
4. That the Police Officer mandatorily register a case on a complaint of a cognizable offence by the citizen under Section 154 of the Code are no more res-integra. The point of law been set at rest by this Court in the case of State of Haryana and others vs Bhajan Lal and others, 1992 Supp(1) SCC 335. This Court after examining the whole gamut and intricacies of the mandatory nature of Seciton 154 of the code has arrived at the finding in paras 31 & 32 of the judgment as under :
“31. at the stage of registration of a crime or a case on the basis of the information disclosing a cognizable offence in compliance with the mandate of section 154(1) of the Code, the concerned police officer cannot embark upon an enquiry as to whether the information, laid by the informant is reliable and genuine or otherwise and refuse to register a case on the ground that the information is not reliable or credible. On the other hand the officer in charge of a police station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence which he is empowered under Section 156 of the Code
to investigate…..
“33. it is, therefore, manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station satisfying the requirements of Section 154(1) of the Code, the said police officer has no other option except to enter the substances thereof in the prescribed form, that is to say, to register a case on the basis of such information.”
5. The views expressed by this Court in paragraphs 31, 32, and 33 as quoted above leave no manners of doubt that the provision of Section 154 of the Code is mandatory and the concerned officer is duty bound to register the case on the basis of such an information disclosing cognizable offence.
b. Hon’ble High Court of Delhi in W.P.(Crl.)No. 1266 of 2007 dated 10/10/2007 held in para 7(Annexure P):-
“In all those cases where there is a refusal of registration of FIR, even where cognizable offence is reported, disciplinary action should be taken against such police officers. The Courts are unnecessary being burdened with complaints of writ petitions, where direction are sought for registration of FIRs.”
c. Ld. Commissioner of Police,
“Keeping in view the above directions of Hon’ble High court and also as per procedure laid down u/s 154 Cr.P.C., First Information Report (FIR) should be recorded immediately on receipt of information of cognizable offence.”
d. Hob’ble Supreme Court of
“In view of the above, we feel that it is high time to give directions to Governments of all the States and Union Territories besides their Director Generals of Police/Commissioners of Police as the case be to the effect that if steps are not taken for registration of F.I.Rs immediately and copies thereof are not made over to the complaints, they may move the concerned Magistrate by filing complaint petitions to give direction to the police to register case immediately upon receipt/production of copy of the orders and make over copy of F.I.Rs to the complaints, within twenty four hours of receipt/production of copy of such orders. It may further give direction to take immediate steps for apprehending the accused persons and recovery of kidnapped/abducted persons and properties which were subject matter of theft or dacoity. In case F.I.Rs not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the concerned Magistrate would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them inasmuch as the Disciplinary Authority would be quite justified in initiating departmental proceeding and suspending them in contemplation of the same.”
It is pertinent to state that although the matter has already been escalated at various levels in writing (Annexure L collectively) but despite this no action has been taken against Smt. Xxxxxxxxx till date due to undue favour by the department and concerned authorities who are shielding her and encouraging her to misuse the law and the undersigned is being harassed unnecessarily.
I have full faith on the Ld. Deputy Commissioner of Police that I will be given justice by initiating a strict action against all the law misusers named above by registering a case and saving the precious time and burden of judiciary for preventing undersigned to request the court to initiate action in case of failure.
Attachments : xxxxx xxxxx xxxxx
Annexure: 1, 2 and A to L Address
Copy to :-
1. Secretory, M.H.A., North Block,
2. DCP, South
2. S.H.O. Police Station Dabri
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