IN THE COURT OF LD. CHIEF JUDICIAL MAGISTRATE, GHAZIABAD COURTS, UTTAR PRADESH

CRIMINAL COMPLAINT No. ______ OF XXXX

IN THE MATTER OF: -

Smt. XXXXXXXXX                                                                                                                                       … Complainant

Versus

Smt. XXXXXXXXX & ors.                                                                                                                                … Accuseds

                                                                                                            PS: XXXXXXXX

APPLICATION UNDER SECTION 156(3) OF CR.P.C FOR AND ON BEHALF OF THE COMPLAINANT SEEKING DIRECTION TO THE SHO P.S- XXXXXXXXXXX, FOR REGISTRATION OF F.I.R. AGAINST THE ACCUSED FOR THE OFFENCE UNDER SECTIONS 205, 378, 379, 415, 416, 417, 419, 420, 406, 463, 464, 470, 471, 34 OF INDIAN PENAL CODE, 1860 AND UNDER SECTION 66C OF INFORMATION TECHNOLOGY ACT, 2000

MOST RESPECTFULLY SHOWETH:-

1.   That the Complainant has approached this Hon’ble Court being aggrieved by the illegal actions of the accused persons, which has resulted in severe losses to the complainant and has resulted in grievous mental injuries being caused to the complainant.

2.   That the complainant is a law-abiding citizen, with full faith in the administration of justice.

3.   That herein after imposter of X shall be referred as accused no.01, XX shall be referred as accused no.02, Officials of XXX Bank BO-XXXXXXX, New Delhi-XXXXXX shall be as accused no.03, XXXX shall be referred as accused no.04, XXXXX shall be referred as accused no.05, XXXXXX shall be referred as accused no.06, Officials of Sub Registrar office XXXXXXX, Uttar Pradesh-XXXXXX shall be referred as accused No.07.

4.   That the complainant purchased the property bearing number-plot no. X, XXXXXXXXX, Uttar Pradesh-XXXXXX. The said property is divided under three floors i.e., First floor total area covered XXX.XX Mtr. Sq. consisting of one drawing room, two bed rooms and one Kitchen, Second Floor total area covered XXX.XX Mtr. Sq. two balcony, three bed room, one drawing room, one dining room and one kitchen and third floor total area covered XXX.XX Mtr. Sq. the total area of the said property is XXX.XX Mtr. Sq. from the XXXXXX S/o XXXXXXXXX R/o Graam XXXXXX, Delhi-XXXXXX as first owner of the said property against the consideration of Rs. XX,00,000/-(XXXXX Lakhs Only) and the same was registered vide Bhai No. X, Jild No. XXXX, page No. XXX/XXX, Serial N.-XXXXX on XX.XX.XXXX. The copy Property documents with site plan are annexed here as annexure P-1 (colly).

5.   That on XX-XX-XXXX, the complainant sold second floor with roof rights of the property bearing number-plot no. XXX, XXXXXXXX, Uttar Pradesh- XXXXXX to Sh. XXXXXXXX S/o XXXX R/o X-XX XXX, Delhi-XXXXXX vide registration number i.e Vahi No. X, Jild No. XXXX, page No. X to XX, Serial No.-XXXXX on XX.XX.XXXX. The copy Registry of XXXXXXXX is annexed here as Annexure P-2.

6.   That on XX.XX.XXXX, Sh. XXXXXXXXX told the husband of complainant that fraud committed by imposter X and hence the present complaint is filed by the complainant against has filed the complainant against the accused persons for committing an illegal act of forgery, im-personification and fraud in order to sell a property which was never a property of imposter per se.

7.   That on XX-XX-XXXX,  imposter of X by means of false and fabricated documents of property bearing details plot no. X, second floor with roof rights, XXXXXXXXX, Uttar Pradesh-XXXXXX sold to one XX (accused no.02) against the consideration amount of Rs. XX,00,000/-(XXXXXX lakhs only) and the payments were made i.e., the first payment of Rs. X,00,000/-(XXXX lakhs only) through RTGS number XXXXXXXXX on XX-XX-XXXX, second payment of Rs. X,XX,000/-(XXX lakh XXXXXX thousand only) through RTGS number XXXXXXXXXX on XX-XX-XXXX, Third payment of Rs. X,XX,000 through RTGS number XXXXXXXXXX on XX-XX-XXXX, Fourth instalment of Rs. X,00,000/-(XXXX lakh only) through RTGS number XXXXXXXXXX on XX-XX-XXXX, Fifth payment of Rs. XX,XX,000/-(XXXXXXX lakhs XXXXXX thousand only) through RTGS number XXXXXXXXXX on XX-XX-XXXX and Final payment of Rs. XX,00,000/-(XXXXX lakhs only) through DD number XXXXX of XXXXXXXXX bank on XX-XX-XXXX. The accused no.02 take a loan against the above-mentioned property from the accused no.3 (XXXXXXX Bank BO-XXXXXXXXX, New Delhi-XXXXXX) of Rs. XX,00,000/- (XXXXX lakhs).

8.   That the accused no.3 sanctioned the loan against the property bearing number- plot no. XXX, second floor with roof rights, XXXXXXXXXX, Uttar Pradesh- XXXXXX i.e., Second Floor total area covered XXX.XX Mtr. Sq. two balcony, three bed room, one drawing room, one dining room and one kitchen. The accused no.3 without examine the complete chain of documents and without verifying the actual physical possession of the property. The official of accused no.3 did not see the mandatory guidelines for sanctioning the loan and also not follow the required should must examine minimum XX years chain and conveyance deed with proper identity card of the previous owners of the property but in same was not done in connivance with each other, the accused no.3 dose not examine the documents before sanctioning the loan amount of Rs. XX,00,000/-(XXXXXXX lakhs only).

9.   That the witness i.e., accused no.4 and 5 namely XXXX and XXXXX are also the part of conspiracy and signed the documents even after knowing the fact that the lady, who has sold the property was not X and yet they signed as witnesses, which made the complainant believed that they were also a part of the entire conspiracy and cheating.

10.  That at the time of sale deed execution the officials of registrar officials have to strictly adhered to examine the property documents along with id proof of the seller and the purchaser but the officials of registrar office did not match the id proofs and the property documents before registry of the said property which certainly shows connivance on the part of the official from the registrar office (accused no.7).

11.  That the above said act the accused has committed the offence of civil as well Criminal Act complaint under section 205, 378, 379, 415, 416, 417, 419, 420, 406, 463, 464, 470, 471, 34 of Indian Penal Code, 1860 and under section 66C of information Technology Act, 2000.

12.  That the accused persons have committed grave illegal act of selling property by committing various punishable acts under various sections it should be put behind the Bars.

13.  That the offences i.e., false representation, theft, cheating by impersonation, forgery, criminal breach of trust, making false documents, forged documents, common intention fraudulently using the ID proofs and signature all are cognizable in nature and punishable under IPC and IT Act. These offences can be investigated by your good-self and your good-self have the jurisdiction to enquire/investigate this complaint.

14.  That the above mentioned persons cheated the complainant by way of using her name, id's, identity and tried to falsely implicate the complainant in a false and frivolous criminal case and    it is also important to mention here that this is such a serious nature of criminal case, where so many persons are running a syndicate to cheat the innocent persons and in this syndicate, officials of bank are part and parcel otherwise, the   same kind of crime could not take place and it is important to mention here that the officials of the Registrar office is also the part & parcel of the same gang and they were the persons, who were having all the information of the property deals and having full control of the sale deeds and this kind of crime could not possible without the collusion of officials of Registrar office.

15.  That this complaint case may be treated as very serious in nature since so many crimes could have committed by them and the accused persons must have been planning to do more than they have done in the past.

16.  That the difference between the real X and the imposter of X can be seen with naked eyes since there so much of age difference and signature mismatched from the original and the forged signatures and other differences also be seen but all these things were ignored for cheating only by the officials from the XXXXXXXXX bank and the officials of Registrar office. 

17.  That on XX-XX-XXXX, the complainant already sent the complaint to the Senior Superintendent of police, Distt: XXXXX, The Superintendent of Police Distt: XXXXXXX and the D.S.P of XXXXXXXXXXXX through emails but no action had taken by the officials on the complaint filed by the complainant. The copy of screen shots of emails are annexed here with as Annexure-P-4.

18.  That on XX-XX-XXXX the complainant again sent the complaint to the Senior Superintendent of police, Distt: XXXXXXXX, The Superintendent of Police Distt: XXXXXXXX and the D.S.P of XXXXXXXXXX and on XX-XX-XXXX and printouts of screen shots of emails send to the concern police officials are enclosed with this complaint case but no action had taken by the officials. The copy of screenshots of emails and it is also important to mention here the same complaint sent to SHO, and the higher police officials of Ghaziabad through speed post and postal receipts are annexed herewith as Annexure-P-5(colly).

19.  That feeling aggrieved of this the complainant sent the copy of the complaint through speed post and emails, which he had filed before P.S:-XXXXXXXXXX, Uttar Pradesh office to take proper action and direct the police officials of XXXXXXXXXXXXX Police Station to register the complaint and investigate the matter but till now no action has been taken on the complaint of the complainant. The Copies Of The Complaint To Ps: XXXXXXX, Ghaziabad and S.S.P and D.S.P. The copy of police complaint to the concerned police station are annexed here as annexure-P-4.

20.  That it is pertinent to submit that the Complainant has undergone huge loss by the criminal acts of the accused persons. That it is further submitted that accused persons has deliberately /intentionally/malafidely done criminal act under Sections 205, 378, 379, 415, 416, 417, 419, 420, 406, 463, 464, 470, 471, 34 of Indian Penal Code, 1860 and under section 66C of Information Technology Act, 2000.

21.  That being aggrieved from the acts of the accused persons and no action taken by the police officials on the complaint, the complainant is left with no option but to approach before this Hon’ble Court with the present complaint against the accused persons.

22.  That the complainant in view of the averment made in the complaint has disclosed the commission of the cognizable offence and has made out a prima-facie very strong and apparent case for issuing directions to the Commissioner of Police of Police Station XXXXXXXXX to register the F.I.R under the said sections.

23.  That the Hon’ble Supreme Court of India has specifically laid down in numerous cases that police can investigate any Cognizable Offence even without registration of FIR, Madhubala Vs. Suresh Kumar 1997 (3) Crimes 162 (SC), Suresh Chand Jain Versus State of Madhya Pradesh 2001 IAD (SC) 109.

24.  That it is needless to say that the case of the Complainant pertains to both cognizable and non-cognizable offence, which requires for the police to investigate into the matter and bring the Complainant to justice.

25.  That it is a settled law that the police have to register the FIR and cause an investigation in a case which pertains to the commission of a non-cognizable offence.

26.  That after having got the complaint received in the Police Station, the complainant requested the police officials to lodge the FIR against the accused persons but it was of no use as no action was taken by the concerned police officials, though they are duty bound to do so as per the most recent judgment of Supreme Court in Lallan Bhai & Ors. V/s State of Bihar & Anr. SC 2006 (3) JCC 1731, and also in the landmark judgments of Ramesh Kumari Vs. State (N.C.T. of Delhi) & Ors. 2006 I AD (Cr.) SC 505 and State of Haryana and Others Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335.

27.  That as the accused has committed the offences of cheating, forgery, fraud, ,criminal breach of trust, misappropriation of property etc. thus the offences involving mens rea (guilty intention), it is required to lead the evidences showing the dishonest intention of the accused and in the cases like this, in order to secure summoning /conviction by this Hon’ble Court, it is essential that the evidence showing dishonest intention must be led before this Hon’ble Court and which is possible only through investigation by the police authorities.

28.  The complainant has no means to investigate into the matter and / cause a scrutiny to be made of the records for the purpose of trial unless and until this Hon’ble Court directs the police to investigate into the matter and apprehends the accused and the relevant documents.

29.  That for the purpose of saving valuable time of this Hon’ble Court it is expedient in the interest of justice kindly issue direction to the Commissioner of Police at Police Station XXXXXXXXXX to register F.I.R in the Sections 205, 378, 379, 415, 416, 417, 419, 420, 406, 463, 464, 470, 471, 34 of Indian Penal Code, 1860 and under section 66c of Information Technology Act, 2000.

30.  That the Complainant is further under the constant threat of false and misleading criminal prosecution against him which would render him helpless and cause irreparable injury to the Complainant.

31.  That if the Accused persons is not caught, there is a plausible possibility that the aforementioned Accused persons would continue with their criminal activities and would cause harm and injury to the complainant.

P R A Y E R

It is therefore most humbly prayed in view of the facts and circumstances of the case, the Hon’ble Court may kindly be pleased to

a.   Direct the Commissioner of Police of Police station XXXXXXXXX to immediately register FIR against the accused persons under Sections 205, 378, 379, 415, 416, 417, 419, 420, 406, 463, 464, 470, 471, 34 of Indian Penal Code, 1860 and under section 66c of Information Technology Act, 2000 and under any more relevant sections and to investigate the matter further and to submit their final report in this regard, in the interest of justice.

b.   Pass such further order or orders as this Hon’ble Court may deem fit and proper of the facts and circumstances of the case, in the interest of justice.

Ghaziabad                                                                              Complainant

Dated                                                       Through,   

    Counsel

                                                                                                                                                                    XXXXXXXXXXXXX & ASSOCIATES

                                             Office no. X, XXXXXXXX,

                                              Delhi-XXXXXX, Mob. XXXXXXXXXX

Email- xxxxxxxxxxxx@yahoo.in 

IN THE COURT OF LD. CHIEF JUDICIAL MAGISTRATE, GHAZIABAD COURTS, UTTAR PRADESH

CRIMINAL COMPLAINT No. ______ OF XXXX

IN THE MATTER OF: -

Smt. XXXXXXXXX                                                                                                                       … Complainant

Versus

Smt. XXXXXXXXX & ors.                                                                                                            … Accuseds

                                   AFFIDAVIT

I, Smt. X W/o XXXXXXXXX, permanent residents of X/XXX XXXXXXXXXXXX Delhi-XXXXXX carrying Adhaar card no. XXXXXXXXXXXXX is the deponent, do hereby solemnly affirm and declare as under:-

1.                That I, deponent is the Complainant in the accompanying complaint U/s 156(3) of Cr.P.C filed by the deponent and being conversant with the facts and circumstances of the case, I am competent to swear this affidavit and the details provided in the present application U/s 156(3) Cr.P.C has been entered into by deponent at my instructions. I have read the contents of application and understood by me in vernacular.

2.               That the reliefs claimed in the application are urgent in as much as the complainant facing great hardship and has been harassed by the defendant and the facts mentioned herein are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.                    

Deponent

Verification:-

Verified at Ghaziabad on this      day of _______, XXXX that the          contents of the above affidavit are correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed there from.

Deponent