To
S.H.O. Police Station xxxxx xxxxx, New Delhi
Sub:- Request for registration of case against Smt. xxxxxx and accomplices Respected Sir It is subitted that undersi!ned !ot arried on xx-xx-xxx with St xxxxxxx d"o xxxxxxx R/o address as per Si#h rituals. Ours was a lo$e arria!e a%ter a courtship o% & 'rs. 'r s. wh whic ich h to too# o# pl plac acee a% a%te terr ' u utu tual al co cons nsen entt di di$or $orce ce %r %ro o ' %i %irs rstt wi wi%e %e due to induceent induce ent "inter%erence "inter%erence on the part o% St. xxxxx in our arried li%e. Two Two children (aster (eet a!ed ) * 'rs and (aster Parinit + 'rs were born %ro this arria!e which are in the the custod' o% St. St. xxxxxxxx. Soon a%ter our arria!e St. St. xxxxxxxx started abusin! and uarrellin! with e on one pretext or the other. To resol$e the atter and to sa$e our arria!e I reuested in person as well as b' wa' o% written subission to the concern conc erned ed aut author horit ities ies "o% "o%%i %icer cerss /n /nnexu nexure re /, /n /nnexu nexure re 01. 0ut not nothin hin! ! sol sol$ed $ed our probles and because o% this tension"harassent I !ot su%%ered %ro Hi!h 0lood Pressure due to 2e%t 3entr entricular icular H'potroph' 23H1 in ' heart and now li$in! on edicines. St. S t. xxxxxxxx is o% indi%%erent nature woen whose beha$iour towards arried li%e was hi!hl' irresponsible as she has no interest in dail' household wor#s, coo#in!, ta#in! care o% children children and bein! social. social. On 45"64"744& 45"64"744& due to her abo$e entioned habits habits she has ercilessl' beaten the inor child (eet, and on enuirin! her about the sae, she ade uarrel with e and le%t %or her parent8s hoe without an' reasonable cause and %iled a %alse coplaint in the 9/ 9ell, Nana# Pura, New Delhi $ide no. nnn"744&. 0ein! eplo'ee o% Delhi Police, the law and en%orceent or!anisation and reained posted in 9/ 9/ 9ell, 9ell, Na Nana na# # Pur Puraa %o %orr o ore re th then en ) 'r 'rss an and d b' $i $irt rtue ue o% he herr ex exper perie ience nce and #nowled!e, she !rossl' isused the law with the help o% Insp. xxxxxxxx and Insp. xxxxxxxx, who accoplice her with ulterior oti$es best #nown to the. The' o$er ruled all the laws and re!ulations despite the instructions in the circular 4&"744& dated 7+"4+"744& issued b' 9oissioner o% Police which are e$ident %ro the %ollowin!s:6. 2ist o% Stridhan Stridhan subitted b' St xxxxxxxx /ttached as /nnexure 91 was not aintainable as it was not as per Rule 7 o% Dowr' Prohibition (aintenance o% 2istt o% pre 2is presen sents ts to the bride and bride! bride!roo roo1 1 Rules Rules o% 6;<) and is direct direct $iolation o% law b' St. xxxxxxxx and hence the sae was %alse and %abricated which was not e$en cared b' Insp. xxxxxxxx, I.O. the then1 o% 9/ 9ell, Nana# Pura. 7. The undersi!ned reuested in writin! /nnexure D1 to =oint. 9.P., 9.P., 9aw 9ell, to as# St. xxxxxxxx to subit bills %or !enuineness o% clais o% her list o% Stridhan but Insp. xxxxxxxx neither cared nor St. xxxxxxxx subitted an' bills to the satis%action o% the undersi!ned %or her clai and she ana!ed to extort all ites
which undersi!ned has handed o$er all the ites to St. xxxxxxxx $ide list dated 4&"67"744& /nnexure >1. +.
Despite the clear direction "orders o% Hon8ble Hi!h 9ourt 9R2.(.9.&7?7"744? dated 7+"47"744& /nnexure 61 and 9oissioner o% Police 9ircular no. 4&"744& dated 7+"66"744& /nnexure 71 which states that @ where there is expenditure of a huge amount of money without disclosing the source of income , police should insist upon compliance of Rule 2 of dowry Prohibition (Maintenance of lists of presents to the Bride and Bridegroom ) rules , 1!" and should not entertain any complaint if the rules ha#e not been complied with$ % The source
o% incoe was not $eri%ied %ro the incoe tax returns o% St. xxxxxxxx, Sh. xxxxxxxxAather1 and Sh. xxxxxxxx 0rother1 and St. xxxxxxxx (other1. The rulin! o% the Hon8ble Hi!h 9ourt order entioned abo$e has been $iolated and the sae was i!nored b' the I.O. Insp. xxxxxxxx and Insp. xxxxxxxx and on their recoendations AIR No. nnn"744< under section 5;$en the 5;
St. xxxxxxxx has subitted one coplaint dated 7)"46"744< in the o%%ice o% 9oissioner o% Police /nnexure C1 in which she aditted that she and her parents had !i$en dowr' to the undersi!ned. There%ore as per the direction o% Hon8ble Hi!h 9ourt 9R2.(.9.&7?7"744? dated 7+"47"744& and also 9ircular no. 4&"744& dated 7+"66"744& issued b' 2d. 9oissioner o% Police, Delhi, St. xxxxxxxx, her %ather Sh. xxxxxxxx, (other St. xxxxxxxx also becoe accoplices under section + o% dowr' Prohibition /ct, 6;?6 and appropriate action should also be ta#en a!ainst the.
).
It is %urther subitted that H9 St. xxxxxxxx has alread' per%ored !ross isconduct b' isusin! the Co$t. 2oan %or two wheeler as she had ta#en a scooter loan durin! her postin! in 9/ 9ell, Nana# Pura, New Delhi in the
onth o% (arch 744+ but neither purchased an' scooter nor intiated the sae to the departent /nnexure H :- Salar' Slip showin! deduction o% scooter ad$ance and /nnexure I: RTI repl' %ro PIO, 9/ 9ell, Nana# Pura, New Delhi1 and hence she is also liable %or action under 99S conduct Rules. ?.
>nuir' o%%icer Sub Inspector xxxxxxxx under the in%luence o% St. xxxxxxxx with ala%ied"ulterior oti$e best #nown to hi $isited the residence o% ' Senior 9itien parents Sh. xxxxxx r"o address on 6;"4?"744< at about 7+44 hrs and harassed the senior citien and also %orced to recei$e %a#e suon o% Hon8ble 9ourt e$en #nowin! the %act that the 2d. /.S.=. Sh. xxxxxxxx has alread' issued the orders that %ather and other are not wanted in this case and need not appear in court in this bail application as stated b' I.O. and coplainant on 4&"4?"744< /nnexure =1 Bust be%ore the %inal hearin! o% the bail application. The sae was stron!l' condened b' the Hon8ble /.S.=. and warned the I.O. %or %uture.
&.
St. xxxxxxxx purchased one scooter no. xxxxx xx xx in the onth o% ''''%ro ("s xxxxxxxxxx, which is %ro the unaccounted one', earned b' wa' o% ille!al eans %ro her Tra%%ic postin!, to which undersi!ned has !i$en application /nnexure E1 but no action was ta#en b' the concerned authorities a!ainst her till date. The pa'ent o% the sae was !i$en b' a 9it' 0an# 9redit 9ard which was issued to her brother Sh. xxxxxxxx which can be $eri%ied %ro the bill o% scooter and the credit card details o% her brother.
<.
There%ore 'ou are reuested to #indl' re!ister the case %or bein! con!niable o%%ence ouccrred as per the direction o% Hon8ble Hi!h and ta#e necessar' action a!ainst St. xxxxxxxx, her %ather Sh. xxxxxxxx, her other St. xxxxxxxx , Insp. xxxxxxxx and Insp. xxxxxxxx o% 9/ 9ell, Nana# Pura and Sub Inspector xxxxxxxx o% P.S. Dabri %or 9ontept o% 9ourt Order and Cross ne!li!ence in per%orin! Co$t. Duties and under section + o% Dowr' Prohibtion /ct alon! with sections 6740, 6&&, 6<7, 6;6, 6;7, 6;+, 6;5, 6;), 6;?, 6;;, 744, 74;, 766, +<+, +<<, 54?, 5?5 )4? and +5 o% IP9.
;.
It is necessar' to ention here as per the !uidelines o% $arious Hon8ble 9ourts and 9oissioner o% Police circular that the police is dut' bound to re!ister AIR
iediatel' in the case an' co!niable o%%ence is reported without startin! an' enuir' on the in%oration recei$ed as per %ollowin! orders:-
a. HO0802> SFPR>(> 9OFRT OA INDI/ in 9riinal /ppeal No. 677; o% 7447 in title R/(>SH EF(/RI 3S ST/T>N9T OA D>2HI1 G ORS. Dated 76"47"744& held in 744?61 =99 5?< Annexure O1:-
5. That the Police O%%icer andatoril' re!ister a case on a coplaint o% a co!niable o%%ence b' the citien under Section 6)5 o% the 9ode are no ore res-inte!ra. The point o% law been set at rest b' this 9ourt in the case o% State o% Har'ana and others $s 0haBan 2al and others, 6;;7 Supp61 S99 ++). This 9ourt a%ter exainin! the whole !aut and intricacies o% the andator' nature o% Seciton 6)5 o% the code has arri$ed at the %indin! in paras +6 G +7 o% the Bud!ent as under :
@+6. at the sta!e o% re!istration o% a crie or a case on the basis o% the in%oration disclosin! a co!niable o%%ence in copliance with the andate o% section 6)561 o% the 9ode, the concerned police o%%icer cannot ebar# upon an enuir' as to whether the in%oration, laid b' the in%orant is reliable and !enuine or otherwise and re%use to re!ister a case on the !round that the in%oration is not reliable or credible. On the other hand the o%%icer in char!e o% a police station is statutoril' obli!ed to re!ister a case and then to proceed with the in$esti!ation i% he has reason to suspect the coission o% an o%%ence which he is epowered under Section 6)? o% the 9ode to in$esti!ate..
@++. it is, there%ore, ani%estl' clear that i% an' in%oration disclosin! a co!niable o%%ence is laid be%ore an o%%icer in char!e o% a police station satis%'in! the reuireents o% Section 6)561 o% the 9ode, the said police o%%icer has no other option except to enter the substances thereo% in the prescribed %or, that is to sa', to re!ister a case on the basis o% such in%oration.
). The $iews expressed b' this 9ourt in para!raphs +6, +7, and ++ as uoted abo$e lea$e no anners o% doubt that the pro$ision o% Section 6)5 o% the 9ode is andator' and the concerned o%%icer is dut' bound to re!ister the case on the basis o% such an in%oration disclosin! co!niable o%%ence.
b.
HON802> HICH 9OFRT OA D>2HI in .P.9rl.1No. 67?? o% 744& dated 64"64"744& held in para &Annexure P1:-
@In all those cases where there is a re%usal o% re!istration o% AIR, e$en where co!niable o%%ence is reported, disciplinar' action should be ta#en a!ainst such police o%%icers. The 9ourts are unnecessar' bein! burdened with coplaints o% writ petitions, where direction are sou!ht %or re!istration o% AIRs.
c.
2d. 9oissioner o% Police, Delhi $ide circular no. +)"744& dated 6;"66"744& issued instructions as underAnnexure M1:-
@Eeepin! in $iew the abo$e directions o% Hon8ble Hi!h court and also as per procedure laid down u"s 6)5 9r.P.9., Airst In%oration Report AIR1 should be recorded iediatel' on receipt o% in%oration o% co!niable o%%ence.
d. HO0802> SFPR>(> 9OFRT OA INDI/ in rit Petitioner 9R2.1 No. ?< o% 744< in title 2/2IT/ EF(/RI 3S CO3T OA F.P. & ORS. Dated 65"4&"744& held in pa!e + Annexure Q1:-
@In $iew o% the abo$e, we %eel that it is hi!h tie to !i$e directions to Co$ernents o% all the States and Fnion Territories besides their
Director Cenerals o% Police"9oissioners o% Police as the case be to the e%%ect that i% steps are not ta#en %or re!istration o% A.I.Rs iediatel' and copies thereo% are not ade o$er to the coplaints, the' a' o$e the concerned (a!istrate b' %ilin! coplaint petitions to !i$e direction to the police to re!ister case iediatel' upon receipt"production o% cop' o% the orders and a#e o$er cop' o% A.I.Rs
to
the
coplaints,
within
twent'
%our
hours
o%
receipt"production o% cop' o% such orders. It a' %urther !i$e direction to ta#e iediate steps %or apprehendin! the accused persons and reco$er' o% #idnapped"abducted persons and properties which were subBect atter o% the%t or dacoit'. In case A.I.Rs not re!istered within the a%oreentioned tie, and"or a%oreentioned steps are not ta#en b' the police, the concerned (a!istrate would be Busti%ied in initiatin! contept proceedin! a!ainst such delinuent o%%icers and punish the %or $iolation o% its orders i% no su%%icient cause is shown and awardin! strin!ent punishent li#e sentence o% iprisonent a!ainst the inasuch as the Disciplinar' /uthorit' would be uite Busti%ied in initiatin! departental proceedin! and suspendin! the in conteplation o% the sae. It is pertinent to state that althou!h the atter has alread' been escalated at $arious le$els in writin! /nnexure 2 collecti$el'1 but despite this no action has been ta#en a!ainst St. xxxxxxxx till date due to undue %a$our b' the departent and concerned authorities who are shieldin! her and encoura!in! her to isuse the law and the undersi!ned is bein! harassed unnecessaril'. I ha$e %ull %aith on the 2d. Deput' 9oissioner o% Police that I will be !i$en Bustice b' initiatin! a strict action a!ainst all the law isusers naed abo$e b' re!isterin! a case and sa$in! the precious tie and burden o% Budiciar' %or pre$entin! undersi!ned to reuest the court to initiate action in case o% %ailure.
Attachments : xxxxx
xxxxx xxxxx
/nnexure: 6, 7 and / to 2 Cop to :! 6. Secretor', (.H./., North 0loc#, New Delhi.
7. D9P, South est Distt. 7. S.H.O. Police Station Dabri
&ddress
