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“B” REPORT REQUESTED AS “FIR AWANTARA” SIRA TOWN POLICE INSPECTOR VIOLATE APEX COURT ORDERS IN REGISTERING FIR 275/2018

 
 
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“B” REPORT REQUESTED AS “FIR AWANTARA” SIRA TOWN POLICE INSPECTOR VIOLATE APEX COURT ORDERS IN REGISTERING FIR 275/2018
by System Administrator - Thursday, 27 September 2018, 3:27 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Smt Neelamani N Raju Karnataka's first woman DG-IGP Karnatakaand Smt Divya Gopinath SP Tumkuru are requested to issue directions to Sira Town Police inspector and IO to file "B” report in FIR 275/2018 which was registered in violation of DG IGP standing orders and Apex court orders in respect of 498a and dowry cases and specially when both husband and wife had agreed in their statement to live together which is part of FIR copy submitted to court and court has recorded in its findings on that matter in CRIL. MISC PET NO.698 OF 2018 dated this the 25th day of July, 2018 in the court of principal sessions judge at Tumakuru has passed serious strictures against Sira Town Inspector and IO andit is held that ", after lodging the complaint, the investigating Officer has not referred the matter for mediation to the Family Welfare committee. It is mandatory for the Investigating Office to refer the parties to Family Welfare committee and till then, the investigating Officer has no right to arrest the petitioners, which is mandate of the Hon'ble Apex court.But by giving goby to all these mandates, the investigating officer has straightaway registered the case and objections statement discloses that, there is preparation to arrest the petitioner. The contention of the complainant before Mahila Santhwana Kendra itself discloses her real intention”.And it is held that "Further petitioner No.3 is the married sister and petitioner No.4 is the husband of petitioner No.3 and they were unnecessarily implicated in this case without there being any mediation.All these aspects discloses that, the investigating Officer has not even applied his mind.”And "The allegations of the complaint disclose that, there was an assertion of ill-treatment demanding dowry and other grounds also.The complaint is neatly typed and it is lodged on 12-07-2018.The allegations are that, on 01-07-2018 at 1.00 pm, there was an assault on the complainant in her parental house and other allegation is that, on 18-06-2018 evening at 4.00 pm. She was being driven out of the house.But the complaint was not lodged immediately and there is delay in lodging the complaint. The records produced regarding Mahila Santhwana Kendra, the complainant has given a statement admitting lodging of the complaint has given a statement admitting lodging of the complaint and her condition was that, petitioner No.2 shall be kept separately and as the "Vaastu” of the house was not proper, she is not prepared to stay in the house.These are ridiculous conditions placed by the complainant.It is not under serious dispute that, petitioner No.2 is a destitute lady and she is under the care and custody of petitioner No.1.The complainant cannot object for her stay and if there is any negligence on the part of petitioner No.1 to take care of the complainant, that is something else.But the allegations are entirely different and the allegations before Mahila Santhwana Kendra disclose that, the complainant is interested in having separate house and she wanted to break the house.This attitude cannot be entertained. In view of court order passing strictures on Sira Town Police inspector and IO it is imperative for them to file B Report in FIR 275/2018.

The Sira police station police inspector and SHO and IO has filed false FIR 275/2018 dated 12-07-2018 on false compliant of Sri Puttaraju of Sira Santhwana Kendara despite Sri Sreedhar and his wife had agreed to live together under separate house by resolving their family differences but in compliant to police Sri Puttaraju stated that both are not agreed to live together and asked police to take action on Sri Sreedhar and other three relatives at Sira police station Tumkuru District . The Sira police station SHO and IO violated Apex court guidelines and DGP and IGP standing orders in respect of 498a and Dowry complaints thus violated Apex court order by directly registering FIR 275/2018 dated 12-07-2018 without referring the matter to welfare committee.  Supreme Court of India has issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code. A two Judge Bench of Justices AK Goel and UU Lalit observed that Section 498A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the Statement of Objects and Reasons of the Act 46 of 1983.Note No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read the Judgment Criminal Appeal in 1265 0f 2017 ]