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RTI - Police Circular prosecute u/s 182 for false complaints 
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
This is a circular which someone forwarded me stating he got under RTI, that in Chandigarh Police has instructions to file 182IPC, when it is found that complaint is false.

People should file RTIs asking for whether similar directions exist in their respective states. And if such instructions exist, we should ask strict complaince from SHOs/ IOs etc.

Regards,

Shonee Kapoor

PS: Thanks to the person, who does not want his identity revealed.

Circular No: No:- 28471-91/UT/E-6, dated 26-09-07

CIRCULAR

It has been observed that public complainants marked for enquiry to
the DSP/SHO/Incharge PPs the enquiry is not conducted properly and aggrieved
person is not given justice. The following steps be taken for conducting enquiry
into complaints:-

1. When starting to write report of enquiry, the receipt no. and date of
complaint and brief of allegations leveled in the complaint be
mentioned.

2. The report should be sent within the prescribed time. If enquiry could
not be completed within the prescribed time, an interim report should be
sent for getting extra time. The prescribed time for enquiry of general
complaints is 15 days. In date bound complaints received through
hon’ble high court, NHRC, SC/ST Commission, Administrator etc.
enquiry report be submitted within one week to enable the office to
send the report to the asking authorities in time.

3. The enquiry into the complaint should be made by visiting the spot as
far as possible as correct position can be ascertained at the spot and
justice can be done. Moreover by visiting spot the public is also not
harassed.

4. If the complainant or the alleged person did not join the enquiry, efforts
be made to join them in the enquiry thrice as per law, by sending proper
notice u/s 160 CrPC and reasonable time. If the complainant fails to join
the enquiry the report be submitted.

5. During enquiry statements of complainant and other material witnesses
be recorded and documentary evidence collected. The version of
alleged persons be also recorded and evidence collected at the spot. A
certificate be also obtained from both the parties that they can not
produce any other witness or proof.

6. Whenever statement of illiterate person is recorded his/her thumb
impression be get on the statement with remark “ read over and
admitted to be correct” and signature of one of his/her accomplice who
can read and write be also obtained on the statement as witness.

7. Enquiry officer after completion of enquiry should prepare factual report
on the basis of evidence brought on record.

8. The brief of statement of complainant, alleged persons and witnesses
be mentioned in the report.

9. In case the allegations made in the complaint are found incorrect, the
enquiry officer after applying his/her mind should clearly submit report
after reaching conclusion.

10. It has been observed that in complaints relating to property dispute,
money transaction, matrimonial dispute etc. beside the allegation of
property dispute, money transaction, matrimonial dispute some other
points are also mentioned specifically of fraud, cheating, forgery,
violence etc. but the enquiry officer without going through into such
specific allegation, terming these as writing stereotype words like civil
matter/matrimonial dispute/money transaction and recommend to file
the complaint. Specific allegation mentioned in the complaint should be
looked into minutely during enquiry and the tendency of recommending
to file the complaints on the basis of civil matter, property dispute,
money transaction, matrimonial dispute be not done without application
of mind.

11. Some time enquiry reports are sent in illegible handwriting. It is directed
that enquiry reports should be sent duly typed or be written in neat and
clean handwriting.

12. The complaints against police officials i.e. HCs and constables be
enquired into by the SHO himself and against the NGO be enquired by
the G. O. supervisory officer and such complaints may not be down
marked. First step in complaint against police be to get an affidavit from
complainant of the allegations.

13. It is the prime duty of police to provide justice to the complainant. If
injustice is meted out to the complainant due to poor enquiry strict
departmental action would be taken against the delinquent officials.

14. If the enquiry officer reaches the conclusion that the complainant is
making false complaints time and again to harass the other person(s),
action u/s 182 IPC be recommended in such cases.

All concerned to ensure meticulous compliance.

Sd/-
Senior Superintendent of Police
UT, Chandigarh.
No:- 28471-91/UT/E-6, dated 26-09-07

Copy to:-
1. IGP for favour of information.
2. All SDPOs.
3. DSP/Crine, PCR, CID and Lines.
4. All SHOs, I/C crime branch, CRU.


Sun Feb 01, 2009 2:14 pm
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