Chennai HC Justice Regupathy’s Orders On 498A Arrests

Here is the gist of this order.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2008
CORAM
THE HON’BLE MR. JUSTICE R.REGUPATHI
M.P. No.1 of 2008
in
Crl.O.P. No.10896 of 2008

ORDER
Pursuant to the direction of this Court dated 07.07.2008 to file compliance report, the Director General of Police in consultation with the Government, has issued the following Circular Memorandum:-
” Circular Memorandum Sub- Filing of cases registered under Dowry Death / Suicide in All Women P.S. – Instructions
issued.
*****
The Honorable High Court has issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah.
i) Except in cases of Dowry Death/suicide and offences of serious nature, the Station House Officers of the All Women Police Stations are to register F.I.R. only on approval of the Dowry Prohibition Officer concerned.
ii) Social workers/mediators with experience may be nominated and housed in the same premises of All Women Police Stations along with Dowry Prohibition Officers.
iii) Arrest in matrimonial disputes, in particular arrest of aged, infirm, sick persons and minors, shall not be made by the Station House Officers of the All Women Police Stations.
iv) If arrest is necessary during investigation, sanction must be obtained from the Superintendent of Police concerned by forwarding the reasons recorded in writing.
v) Arrest can be made after filing of the final report before the Magistrate concerned if there is non-cooperation and abscondance of accused persons, and after receipt of appropriate order (Non-Bailable Warrant).
vi) Charge sheet must be filed within a period of 30 days from the date of registration of the F.I.R. and in case of failure, extension of time shall be sought for from the jurisdiction Magistrate indicating the reasons for the failure.
vii) No weapon including Lathis/physical force be used while handling cases at the All Women Police Stations.
viii) Complainants/victims should be provided with adequate security/accommodation at Government Home and interest of the children must be taken care of.
ix) Sridana properties/movables and immovable to be restored at the earliest to the victims/complainants and legal aid may be arranged for them through Legal Services Authority for immediate redressal of their grievances.
2) The Commissioners of Police in cities and Superintendents of Police in Districts are requested to strictly follow the above instructions without any deviations.
3) Receipt of the same should be acknowledged.
Sd/- (29.07.2008)
For Director General of Police.”

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Here is a copy of the order: Chennai HC Justice Regupathy’s Orders On 498A Arrests

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RTI Templates From MyNation

I start with a thanks to MyNation for this compilation of RTI formats.

Here is the list:

How to write Second Appeal under RTI?

By MyNation ⋅ March 30, 2010 ⋅ One comment

How to write First Appeal under RTI?
Second Appeal
Kindly follow these guidelines for filling Second Appeal at Central Information Commission.

Fill in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, cut words “second appeal/appellant”
Get […]

How to write First Appeal under RTI ?

By MyNation ⋅ March 30, 2010 ⋅ Post a comment

How to write First Appeal under RTI?
First Appeal
Simple Guidelines to follow while filing 1st Appeal under Right to Information Act 2005.
1. First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA).
2. If no reply is received […]

3rd Party Passport Details are Allowed

By MyNation ⋅ February 23, 2010 ⋅ Post a comment

Central Information Commission
CIC/OK/A/2008/987/AD
Dated December 22, 2008
Name of the Appellant : Mr.Ansari Masud A.K
192-Kutbi Manzil, Flat No.10
CST Road, Kurla
Mumbai 400 070
Name of Public Authority : The CPIO
Ministry of External Affairs
Regional Passport Office
Worli
Mumbai 400 025
Background
1. The RTI request was filed on 14.3.07. The Appellant requested for information about the passport and other enclosures of passport of […]

RTI – Husband can get Wife PF details

By MyNation ⋅ January 25, 2010 ⋅ Post a comment

Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi – 110 066
Decision No.1816/IC(A)/2008
F. No.CIC/MA/A/2007/00583
Dated, the 10th January, 2008
Name of the Appellant: Sh. Ashish Kumar Tiwari
Name of the Public Authority: Employees’ Provident Fund Organisation
Facts:
1. The appellant was heard on 9/1/2008.
2. The appellant has asked for the details of PF account in respect of his […]

Complaint to IT office – Sample Format

By MyNation ⋅ December 14, 2009 ⋅ Post a comment

DGIT (Investigations)
Income Tax Department
Deptt of Revenue
3rd Floor, A Center
E-2, Jhandewalan Extn
New Delhi- 110055.

SUBJECT: – For investigation into source of income and tax liabilities of Mother-in-law                      , father in law                   ,  Wife              and      (Brother of father-in-law)

Honorable Sir / Madam,
I,          , R/o                 ,  wish to bring to your kind notice the following […]

Police Case dairy through RTI

By MyNation ⋅ December 7, 2009 ⋅ Post a comment

Police Station House Diary / Police dairy OR case dairy can be retrieved through RTI ACT. Most of the time Police will deny but you have to draft RTI accordingly and cleverly.
Though Criminal Procedure Code, Section 172 reads as below:
172. Diary of proceeding in investigation.
(1) Every police officer making an investigation under this Chapter […]

Public is entitled to have certified copy of FIR

By MyNation ⋅ November 25, 2009 ⋅ Post a comment

IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P. No. 5474 of 2007
Sardar Depinder Singh Bath & ors. – Petitioners
Versus
State of West Bengal & ors.
Respondents
Mr. Kishore Dutta
Ms. Sumita Shaw
for the petitioner
Mr. Joy Bhattacharya
for the State
Mr. Samiran Giri
for the respondent no.6
Before the Hon’ble Justice Dipankar Datta
Heard on : 22.2.2008
Judgment on :10.3.2008
It is […]

3rd Party Information allowed under RTI

By MyNation ⋅ November 4, 2009 ⋅ Post a comment

Central Information Commission
Appeal No.CIC/WB/A/2008/01390-SM dated 23-04-2008
Right to Information Act-2005-Under Section (19)
Dated: 28 October 2009
Name of the Appellant
:Shri M.L.Jain
H – 102, Raj Nagar – II,
Palam Colony,
New Delhi – 110 045.
Name of the Public Authority
:CPIO, O/o the Deputy Commissioner of Police, South West District,
New Delhi.
The Appellant was present in person.
On behalf of the Respondent, the following were […]

RTI format for Stridhan n DP3

By MyNation ⋅ October 7, 2009 ⋅ Post a comment

THE RIGHT TO INFORMATION ACT 2005

Date: date
To
The CPIO
O/o The Superintendent of Police XXXXXX
address
Subject:  Request for information required under RTI Act 2005

Ref: My complaint dated 4-Oct-2009 sent through speed post no. ABCDEF1234IN (copy enclosed) for registration of case against Mrs. xxxxxxxxx and accomplices under section 3 of dowry prohibition act, 1961.
Dear Sir,
With reference to my complaint (copy […]

RTI rcoganised- Right to copies established

By MyNation ⋅ August 5, 2009 ⋅ One comment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 27.2.2008.
CORAM
THE HON’BLE MR.JUSTICE M.JEYAPAUL
Crl.O.P.No.18533 of 2007
J.M.Arumugham Petitioner
vs.
1. State rep by
The Deputy Superintendent of Police,
Vigilance and Anti-corruption Wing, Salem.
2. Mr.S.Arumugam
3. Mr.A.Rajendran
4. Ms.Santhi
5. Ms.Brinda
6. Ms.Nirmala
7. Ms.Ramanayaki
8. Ms.Leela Respondents
Criminal Original Petition filed under section 482 Cr.P.C. seeking to set aside the order dated […]

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Article 36: The Vienna Convention on Consular Relations (VCCR)

The gist of this treaty is that:

Under Article 36 of the Vienna Convention on Consular Relations, 1963 (VCCR), local authorities must notify all detained foreigners “without delay” of their right to have their consulate informed of their detention. At the request of the national, the authorities must then notify the consulate without delay, facilitate unfettered consular communication and grant consular access to the detainee. Consuls are empowered to arrange for their nationals’ legal representation and to provide a wide range of humanitarian and other assistance, with the consent of the detainee. Local laws and regulations must give “full effect” to the rights enshrined in Article 36. The USA ratified the VCCR without reservations in 1969; so fundamental is the right to consular notification and access that the US Department of State considers it to be required under customary international law in all cases, even if the detainee’s home country has not signed the VCCR. As of 1 January 2000, at least 167 countries were parties to the VCCR.

More information can be had from here: http://www.internationaljusticeproject.org/nationalsInstruments.cfm

A copy of the treaty can be downloaded from the UN:  The Vienna Convention on Consular Relations

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