IN THE COURT OF XXXXX; LD. JMFC-01; PATIALA HOUSE
COURTS; NEW DELHI.
CR. CASE NO. XXX/2016.
IN
THE MATTER OF:-
XXXXX VERSUS
XXXXX
FIR No. XXXXX
P.S.: XXXXX
D.O.D.: XXXXX
APPLICATION ON BEHALF OF THE COMPLAINANT / VICTIM SEEKING DIRECTION TO
THE SHO TO REVERIFY OF THE FACTUM OF DEATH OF THE ACCUSED.
MOST RESPECTFULLY SHOWETH:-
1.
That
the present FIR case registered at P.S. XXXXX against the Accused Sarabjeet
Singh Duggal before this Hon’ble Court and the said proceeding same was abated
against the accused by this Hon’ble Court vide order dated 27.08.2024.
2.
That
the applicant / complainant is the victim in the present FIR case and during
the pendency of the present proceeding the complainant has been diligently
pursuing the matter to ensure justice.
3.
That
during the proceedings, a report was filed by the SHO of PS XXXX stating that
the accused, XXXXX, had expired, and the SHO submitted that he had verified the
original death certificate of the accused.
4.
That
based on the report of the SHO, this Hon'ble Court, vide order dated
27.08.2024, abated the proceedings against the accused and file be consigned to
the record room after due compliance.
5.
That
the complainant has reasons to believe that the report filed by the SHO
requires further scrutiny to ascertain:
a) Whether the death certificate relied
upon for verification pertains to the same person, i.e., the accused XXXXX.
b) The process and the basis on which
the SHO verified the death certificate and its authenticity.
c) The contest and circumstances under
which the verification of the accused's death was concluded by the SHO.
6.
That
the complainant/victim seeks reverification of the factum of the accused’s
death as a matter of justice and transparency. It is imperative to ensure that
the accused and the deceased referred to in the death certificate are one and
the same person, particularly in light of the gravity of the allegations and
the public interest involved.
7.
That
if it is found that the verification report is based on insufficient or
inadequate grounds, it would amount to miscarriage of justice and would
prejudice the rights of the complainant.
PRAYER:-
In view of the above, it is most
respectfully prayed that this Hon’ble Court may kindly be pleased to:
a) Direct the SHO of Police Station XXXXX,
to reverify the factum of the accused's death, including the authenticity of
the death certificate and whether it pertains to the accused XXXXX.
b) Call for a detailed report from the
SHO explaining the steps undertaken during the initial verification process.
c) Pass any other or further orders as
may be deemed just and proper in the interest of justice.
It
is prayed accordingly.
APPLICANT/COMPLAINANT
DELHI THROUGH
DATED
XXXXX
ADVOCATES
XXXXX
Email
Id: XXXXXXX
Mob No: +91-XXXXXX