IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

COMPLAINT NO ………/20XX

            IN RE:-

           XXXXXXXXXXX                                                                                                                                                               ….  COMPLAINANT

                                                                                                                                        Versus

          XXXXXXXXXXXX                                                                                                                                                                …. RESPONDENT

                                                                                                                                  P.S. XXXXX

I N D E X

New Delhi:                                                                                                                                                                                                                                        Complainant

Date:                                                                                                                          Through

                                                                                                                                             Counsel

                                                                                                                                                                                                                                                                                                                                                                                Address: XXXXXXXXXXXXXXX                                                                                                                                                                       MOB:-XXXXXXXXXX

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Email-XXXXXXXXXXXX

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

COMPLAINT NO ………/20XX

            IN RE:-

        XXXXXXXXXXX                                                                                                                                                                  .…. COMPLAINANT

Versus

        XXXXXXXXXXX                                                                                                                                                                     ….. RESPONDENT

                                                                                                                                                            MEMO OF PARTIES

         XXXXXXXXXXXXX

        W/oXXXXXXXXXX

        R/o XXXXXXXXXX

        XXXXXXXXXXXXX                                                                                                                                                                    ...COMPLAINANT

                                                                                       Versus

        XXXXXXXXXXXXX

        S/o XXXXXXXXXX

        R/o XXXXXXXXXX

Delhi:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Complainant

Date:                                                                                                             Through

                                                    Counsel

                                                                                                                                             Address:XXXXXXXXXX                                                                                                                                                M.XXXXXXXXXXXXXXXX

                                                                             Email-XXXXXXXXXXXXX

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

COMPLAINT NO ………/20XX

                IN RE:-

        XXXXXXXXXXX                                                                                                                                                                                    ….  COMPLAINANT

Versus

        XXXXXXXXXXX                                                                                                                                                                                    ….. RESPONDENT

                                                                                                                                                                                                                               P.S:-XXXXXX

CRIMINAL COMPLAINT U/S 200 Cr.P.C READ WITH SECTION 190 OF CR.P.C. FOR COMMISSION OF OFFENCES U/S 354, 499, 500, 503, 509 IPC ALONG WITH SECTION 34 & 35 OF IPC 1860 FOR MAKING/CIRCULATING FALSE AND DEFAMATORY STATEMENTS/ALLEGATIONS THROUGH MOBILE AND ELECTRONIC MEDIA AGAINST COMPLAINANT BY THE ABOVE-NAMED RESPONDENT

MOST RESPECTFULLY SHOWETH:-

            1.That the Complainant is the permanent resident of property bearing XXXXXXXX, and is a law-abiding citizen of India. It is further submitted that the complainant is the wife of the accused. Copy of Adhar Card of complainant is annexed as ANNEXURE C-1.

About Section of Complaint & Cause:-

            2. That this Complaint is filed under the authority of Section 200 read with Section 190 of the Criminal Procedure Code, 1973. Further, this complaint is made for the purpose of redressing the commission by the accused of “Criminal defamation” of the Complainant in terms of Section 499 of the Indian Penal Code, 1860 with relation to the video made by the accused from his shop bearing 10-3596, XXXXXXX, Delhi with full of allegations and the character assassination of complainant and threatening to the Complainant that if she would not give him money, property share from the property then accused would commit suicide and make responsible to complainant, which was distributed and disseminated. This complaint seeks due and just punishment to the accused in terms of Sections 499,354,500,503, 509 of the Indian Penal Code, 1860.

Brief facts:

            3. That the father namely XXXX & mother namely XXXX of accused lived at XXXXXXXXX XXXX from last more than XXXX years and father of accused died at XXXX, XXXXX and the mother of accused is alive & living at XXXXX, XXXX with her sons.

            4.That it is important to mention here that the relation between XXXXX/father of accused & accused is not good from last several years and it is also important to mention here that the relations between the complainant & her son namely XXXX with the accused are not cordial relations from last several years and such a relationship turned out due to the atrocities of the accused upon complainant & her son and it is also important to mention here that the accused was/is a habitual drinker and the accused often creates an unlawful scene with the complainant. That the complainant further submits before this Hon’ble Court that the complainant & her son have been living peacefully and earning livelihood on their own and do not have any sort of relation with the accused at all.

        5. That the accused and the complainant resides under the same roof and the accused along with the complainant are not in talking terms and even otherwise the Kitchen for both the complainant and the accused are separate and the same is not at all joint. The behavior of the accused is against the ethics as the accused is indulged in using abusive languages and in past also he raised his hand over the complainant & her son, and it is pertinent to note over herein that the said relationship of the accused was also similar with his parents and siblings and all the family members and it is also important to mention here that the accused is having one son & three daughters and no one in the family has talking terms with accused and the behavior of the accused is so bad towards the daughter of the accused that he tried to creates ruckus in the marriage of her youngest daughter and the accused was sent to rehabilitation centre on the day of the marriage of his daughter.

              6.  That the Complainant submits that in and around XXXX, the accused threatened his father XXXXX about the dire consequences in case if the father of the accused did not give the accused’s share in the property, consequent to which, the father of the accused in grief hurt, had openly announced in the family :-

“ME TUJHE EK PAISA NAHI DEKAR JAUNGA, TERE HISSE KA SARA KA SARA ME APNI BAHU AUR POTE KO DE JAUNGA AUR APNI BAHU AUR POTE KO BOL KAR JAUNGA KI TUJHE KUCH BHI NA DE NAHIN TO SAB KUCH SHARAB ME UDHA DEGA”  and despite the said fact that the treatment of the complainant on the hand of the accused is absurd, unethical and that the life of the Complainant & her son is disturbed due to the various atrocities of the accused and the accused even otherwise, under the influence of the alcohol, have quarreled with the complainant & her son and have used abusive language in front of everyone.

            7. That it is to be noted that the siblings of the accused are living separately from accused from last more than XX years and it is the accused, who fought with his parents& siblings and asked the share in the properties and when his father denied to do so then accused migrated from XXXXXXXX, Delhi & after some time,  he opened a shop at XXXXX, Delhi and since then accused is living at Delhi with complainant, one son & three daughters and within the accused & complainant there is not a good frame of mind from couple of years due to the over excessive use of alcohol by accused and as a result of which, the accused had also been sent to the rehabilitation Centre couple of times in the last 4-5 years.

           8.That accused father namely XXXXX (now deceased) had tried a lot to make the accused understand that drinking alcohol not a good habit and if the accused did not stop drinking then the father of the accused would disown the accused from all their movable and immovable properties but the behavior of the accused failed to mend his ways and still continued to put his bad behavior towards family members and his father.

            9. That due to continuous bad & unlawful behavior of accused, the deceased father of the accused called him and conveyed that he was going to distribute all his movable and immovable properties in equal shares to both sons namely XXXX & XXXX and the son of accused XXXXX. It is further submitted that accused did not raise any query or objection and even the accused has given his consent for the same for distribution and accused father accordingly distributed his all movable & immovable properties equally in favour of XXXXX, XXXX (Son) and XXXXXXX) equally by way of WILL. Copy of WILL annexed as ANNEXURE C-2. Notice dated XXXXX was also published in the daily newspaper with regard to any objection with regard to WILL by Sub Registrar, XXXXXXXXXXXX, in XXXXX. Copy of Notice dated XXXXXX, published in newspaper by Sub Registrar, XXXXXXXXXX, in XXXXX is annexed as ANNEXURE C-3. It is pertinent to note that the said will was in knowledge of the accused and the accused never refuted to the said fact. 

            10. That it is significant to state here that in the year 20XX, accused consumed Mixture of XXX TABLET, as conveyed by him and accused was hospitalized to XXXXXXXX, but due to legal issues with the hospital and accused, the same thing was not disclosed by accused to the Govt. authorities and the same was conveyed to the family members only and after few days, he was discharged from the hospital and since then everyone in the family has fear to talked to accused as he was very much aggressive. Since the time of discharge from the hospital, a drastic change came to accused behavior that he increased the frequency to take the alcohol and because of the excess drinking habit, he had been sent to rehabilitation centers and even the father of the accused, who was concerned with the ill-behavior of the accused, died due to the acts of the accused on XXXXXXX.

            11.That now it has been learnt that the accused is indulging himself in excessive use of alcohol throughout the day and the abusiveness of the accused towards the complainant have increased and he made video from his shop bearing 10-3596, XXXXXX, Delhi with full of allegations and the character assassination of complainant and putting such worst allegations of extra marital relations/illicit relations with other persons and threatening to the complainant that if she will not give him money, property share from the property then accused would commit suicide and make responsible to complainant & all other family members and this video accused had sent to his brother XXXX from his mobile number XXXXXXXXXX to his mobile number-XXXXXXXXXX on XXXX by XX and the accused again sent the same threatening video to his younger brother XXXXX from his mobile number XXXXXXXXX to his number XXXXXXXXX on XXXX by XXX and accused sent the same objectionable video to his sister XXXX on XXXX from his mobile number XXXXXXXXX to her mobile no. XXXXXXXXXX, and the same video came into the knowledge of complainant and then everyone in the family was surprised to listen the content of the video, circulated to some of the relatives and giving threats to complainant to spread the video to all the relatives and friends and started making false allegations against the complainant and the accused has sent video leveling false allegations against complainant and giving threats that he would commit suicide.

The statement/conversation/transcription of the video, is as follows:

“SHRIMAN SHO SAHIB THANA XXXXXXXXXXX MAIN XXXX BOL RAHA HU MAIN AAJ BAHUT ZYADA PARESHAN CHAL RAHA HU ISKA KARAN YE HAI MERI PATNI XXXX KE GAIR SAMBANDH HAI XXXX 52 CHANDERLOK AUR XXXX BEHROR SE RAAT KO PEECHE KE DARWAZE SE AATE HAI AUR CHALE JAATE HAIN MAIN BOLTA HUT OH APNE LADKE SE DHAUNS DETI HAI BULAUN USKO KARWAUN SIDHA YA CHUP RAHEGA PITWATI HAI MEREKO MAIN DARR KI WAJAH SE CHUP REHTA HU KAI BAAR MUJHE GHAR SE BAHAR NIKALWA CHUKI HAI ISKA KOI BHAROSA NAHI MEREKO GHAR MEIN RAKHEGI YA NAHI, 4 BAAR MUJHE NASHA MUKTI KENDRA MEIN BAND KARWA CHUKI HAI 4 SAAL KE LIYE, WAHA MUJKO PITWATI THI KHANA NAHI DETE THE BAHUT ZYADA PARESHAN KAR RAKHA THA MEREKO AUR DUSRA KAARAN YE HAI KI MERE BAAP DADA KI JO ZAYDAD HAI USME MERE BHAI DONO MEREKO BEDAKHAL KAR RAHE HAIN XXXXXXXXX AND XXXXXXXX, MERI PATNI KO DE RAHE HAIN, MERI PATNI KA KOI BHAROSA NAHI MUJHE KAB GHAR SE BAHAR KAR DE ISILIYE MAIN APNA TEESRA HISSA CHAHTA HU, AUR MAIN SULFAZ KHA KE AATAM HATYA KARUNGA USKE ZIMMEDAR XXXXXXXXX,XXXX MERI PATNI XXXX, MERA LADKA XXXXXXXXXX, XXXXXXXX AUR XXXXXX HONGE. YE VIDEO MAIN INDIA TV DELHI POLICE COMMISSIONER, AUR APNE SAMAJ KE LOGO KO BHEJUNGA TAKI MERE SATH INSAAF HO SAKE DHANYAWAD”

CD containing the video is annexed as ANNEXURE C-4.

12.     That when Complainant & her son confronted the accused about the video, then accused started giving threats that he would spread the video to public at large, relatives, media, police and other social media platforms and destroy the reputation of the complainant, if 1/3^rd share in all the movable and immovable properties not given to accused. Whereas the truth is that with regard to the movable & immovable properties of his father is already distributed among XXXXX (grandson), XXXX (son) and XXXXX (son) equally as per the last his Will.

14.     That it is crystal clear from the above conversation of video that the accused is threatening to the complainant in order to get the 1/3^rd share of properties and he is also talking about disown from property by complainant and brothers namely XXXX&XXXX, which is clearly false and frivolous statement. But the fact is that due to the bad and unlawful behaviors and activities of the accused, his father has already severed his all kinds of relations and that is why, he had not given any share in his immovable & movable properties and had already made WILL with respect to his properties. It is pertinent to mention here that due to cruel and evil-minded personality of the accused, mother of the accused has also severed all the ties with him and she also executed a registered ‘Will” in favour of Sh. XXXXXXX (grandson), XXXX (son) and XXXX (son). Copy of the registered Will dated XXXXXXX is also executed herewith as ANNEXURE C-5.

15.     That accused had already shown his intentions in the above said conversation through video circulated that he is not mentally & psychologically fit and, there is a possibility that accused might took the step of committing suicide or circulate the objectionable video to masses i.e relatives, friends, neighbours or in general public and if accused circulate the same then it would be amount of reputation loss to the complainant.  Moreover, it is also admitted fact that accused is alcoholic in nature and having the past of going to Rehabilitation Centers for treatment. This clearly shows that accused is having grudges against the complainant. That’s why complainant has registered a complaint against the accused to SHO, P.S XXXXX, Delhi with regard to the said act of the accused. The copy of the complaint has been annexed as ANNEXURE C-6.

16.     That accused is creating hindrance, interference and disturbance to the complainant in peacefully using and doing, with bad motives and having evil intention to grab all moveable and immoveable properties of the complainant, for which accused is ready to use every hook and took possibilities to harass the complainant.

Circulation of the video/jurisdiction:-

17.     That the video made by the accused is circulated at various places whatsapp. Further, the video is made from his shop bearing 10-3596, XXXXXXXXX, Delhi, and the same circulated to all from the same shop at XXXXXX, Delhi, which comes under the jurisdiction of this Hon’ble Court and this Hon’ble Court has jurisdiction to entertain the aforesaid complaint and to proceed therefrom.

18.     That “defamatory video” the act of making & circulating the “defamatory video” in question, the accused is liable for the irreversible and unquantifiable damage by making false, baseless, scandalous, malicious content/statement/allegations against the complainant. The complainant further submits that at this juncture it is very difficult to assess the exact loss occurred to her, since complainant having worth lakhs of rupees and she reserves the right to initiate other legal recourses i.e Civil & Criminal cases against the accused in future.

19.     That it is a settled law that every man has a right to have his reputation to preserve inviolate. This right of reputation is acknowledged as an inherent personal right of every person. It is “a jus in rem”. So, if by the wrongful act is found to be committed, the person who feels it is affecting his reputation, it amounts to defamation for which he becomes entitled for damages. Here it is pertinent to mention that the Right to Reputation has already been recognized as fundamental right under Article 21 of the Constitution of India.

20.     That the right to freedom of speech and expression comes along with a duty and responsibility of not abusing such freedom in furtherance of its personal vendetta towards any particular individual. In the present case, the facts stated herein above disclose that the present defamatory and vilification circulation of video has been purposely done by the accused is being carried out with an ulterior motive to malign the image & wrecking vengeance against the complainant.

21.     That the accused corroded the reputation of complainant by sending the video to relatives of complainant, relatives and other platforms and complainant getting calls from all regarding explanation. The employees, friends, well wisher of the complainant were shocked and surprised to see the defamatory video, which is still available on the mobile of relatives. Subsequently, the complainant as well as other family members started receiving various calls from its relatives, friends inquiring about ‘defamatory video’ containing the defamatory content including defamatory statements made about the complainant purely with an intention to lower the impeccable reputation of the complainant in the eyes of the relatives, friends, public at large, therefore being clearly defamatory and libellous. The said defamatory contents of the video have a sole objective just to cause damage to the reputation and goodwill of the complainant, which it had gained multi-fold in last few years. The one of the landmark judgment, the apex court mentioned the quote from the ‘Mahabharat’ to explain the importance of ‘Reputation’ in man’s life.

In Kiran Bedi and Jinder Singh Vs. Committee of Inquiry AIR 1989 SC 714 - it was held as under:

The following words of caution uttered by Lord of Arjun in Bhagwat Geeta with regard to dishonour or loss of reputation may usually be quote:

“Akirtnchapi Bhutani Kathaishyanti te­avyayam, 

Sambhavitasya Chakirtir Maranadatirichyate”

(Men will recount thy perpetual dishonour, and to one highly esteemed, dishonour exceedeth death)

22.     That the accused has made various mischievous and malevolent contents/comments, which are false/concocted in nature and defamatory against the accused. The accused has incorporated the same in the impugned video and further used unverified information going far beyond facts in the video. When the same has been communicated to friends, relatives, it affected badly on the innocent minds of friends, relatives & public at large, which was done by the accused to tarnish and malign the reputation of the complainant as well as to destroy their reputation in the society.

23.     That the accused did all this to settle personal Vendetta with the complainant and more particularly to prejudicially affect the goodwill of the complainant. It is pertinent to mention that accused hatched a plan to malign the reputation of the complainant to enrich himself at the behest of the reputation of the complainant.

24.     That the actions of the accused amount to libel and slander. The accused sole intention behind making & circulation video is to fulfill personal vendetta against the complainant.

25.     That it is submitted that the accused has failed to abide by the minimum moral standards and there is a complete failure to comply with the ethical standards expected from him. It is submitted that the accused is trying to garner excessive, adverse and false publicity thereby injuring the reputation of the complainant and in such cases, the inherent power vests with this Hon'ble Court to interdict and restrain the accused from carrying out such vilification campaign against the complainant.

26.     That the defamatory video is still widely available with relatives and friends and causing continuous malign the image, damage to complainant. The accused has made himself liable to be prosecuted as per the law.

27.     That the complainant had no other speedy and efficacious remedy at present against the accused and the accused repeated denigration of the character of the complainant is plainly defamatory and serves no public interest or for that matter has any legitimate connection with public discourse and debate.

28.     That it is therefore thoroughly derogatory for the accused to do so and state their statements that have eroded the well-earned reputation and character of the complainant.

29.     The Complainant respectfully submits that it is an utterly criminal act on the part of the accused to first make a video containing false allegations and then circulates the same with a threat to commit suicide. Such outrageous acts constitute the most daring acts of criminal defamation. Accordingly, the accused are held fully responsible for criminally defaming the good name and reputation of the complainant

30.     As such, the accused has committed a blatant act of defamation in respect of the Complainant’s name and character.

31.     That the Complainant respectfully submits that the accused through “defamatory video” making allegations and the character assassination of complainant and putting such worst allegations of extra marital relations/illicit relations with other persons and threatening to the complainant that if she would not give him money, property share from the property then accused would commit suicide and make responsible to complainant & all other family members is ruthlessly destroying her reputation. The accused are therefore to be held liable for their acts. Accordingly, their false statements have incalculably injured the reputation of the Complainant.

32.     By expressing false outrage at each turn, the accused have most brutally damaged the reputation and character of the Complainant.

33.     The Complainant respectfully submits that she is at a loss to identify the true meaning of the aforesaid statement. Nevertheless, it suggests a derogatory reference to her.

34.     That by making false and baseless allegations for the Complainant on her character, the accused have committed a grave defamation of the character and reputation of the Complainant. Therefore, the accused has committed a severe defamation of the character and reputation of the Complainant.

35.     That the Complainant offers below, a general argument on the non-applicability of the exceptions to Section 499 of the Indian Penal Code, 1860:

36.     That the Complainant respectfully submits that the statements/allegations of the accused are far from true and even where true, the statements are solely calculated to inflict injury upon the reputation of the Complainant without aiming, on its face in any manner. Further, the comments of the accused are far too extensive and intrusive and the same done by accused to humiliate the Complainant and to render her an object of contempt, ridicule. Similarly, knowingly, deliberately and intentionally fabricating stories, inventing fictions and characters, fabricating statements are acts of falsehood that cannot, by any stretch of imagination, be considered to be in normal or good.

37.     Actual harm upon the Complainant: The Complainant respectfully submits, as already discussed in the above mentioned XXXX, that her reputation has been gravely injured and harmed by the accused and that every manner of grievance raised in this complaint against the acts of the accused may be read as including a further grievance that those acts were calculated to injure and harm the reputation of the Complainant and that the same have indeed caused, actual injury and harm to the reputation of the Complainant.

38.     That as such, the accused is liable for punishment under Section, 354, 499, 500, 503, 509 of the Indian Penal Code, 1860.

39.     That the Complainant respectfully submits that the video was filmed and circulated on XXXXXXXX. This Complaint has been filed within the limitation before this Hon’ble Court. As such, this Complaint is filed within time as reckoned for the purpose of Section 468 of the Criminal Procedure Code, 1973.

40.         That the requisite Court fees has been affixed to file the present Complaint.

PRAYER

Therefore, in view of the circumstances most distressingly narrated above, the Complainant most humbly begs that this Hon’ble Court be graciously pleased to:

                a)     summon the accused to answer a charge of having collectively intended the commission of Criminal defamation of the Complainant in terms of Section 499 of the Indian Penal Code, 1860 and to;

                b)   summon the accused to answer a charge of collectively knowing or having reasons to believe that his act and imputation would harm the reputation of the Complainant and of causing actual harm to the reputation of the Complainant in terms of Section 499 of the Indian Penal Code, 1860 and to;

            c)   adjudge the accused as guilty, whether by consent or upon trial, and to subject them, individually, to the due and full punishment - in terms of Section 354, 500, 503, 509 of the Indian Penal Code, 1860;

d)           pass any other order or direction as may be desired or deemed expedient by this Hon’ble Court in the interest of justice and expediency.

Place:                                                                                                                                                                                                                                                                                                                        Complainant                                                                                                                                                                                                                                                  

Date:                                                                                                                         Through                                                                                                

                                                                                                                                                                                                                XXXXXXXXXXX

                                                                                                                                                                                                              Counsel 
 

                                                                                                                                                     Address.                                                                                                                                                                                                                                                                           MOB:XXXXXXXXXX                                                                                                                                                                                        Email-XXXXXXXXXXXXX    

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

COMPLAINT NO ………/20xx

                            IN RE:-

                            SMT. XXXXXX                                                                                                                                                                                ….. COMPLAINANT

Versus

                            SH. XXXXXXX                                                                                                                                                                                 …. RESPONDENT

                                                                                                                                                                                                                                             P.S. xxxxxxxxxx                               

LIST OF WITNESS    

1. Complainant herself

2. Sh. XXXXXXXX S/o Sh. XXXXXXXXX (Son of complainant)

3. Sh. XXXXXXXX S/o Late Sh. XXXXXXXX (Brother-in-law of complainant)

4. Sh. XXXXXXXX S/o Late Sh. XXXXXXXX (Brother-in-law of complainant)

5. Smt. XXXXXXXX (Sister-in-law of complainant):                                                                                                                                                                                                                                    Place                                                                                                                                                                                                                     Complainant                                                        Date:                                                                                                Through                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Counsel 

6.                                                                                                                                                                                                                                             Address                                                                                                                                                                                                                                                          MOB:XXXXXXXXXX

                                                                                                                                                                                                              Email-XXXXXXXXXXXXX    

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

COMPLAINT NO ………/20xx

            IN RE:-

           SMT. XXXXXX                                                                                                                                                 ….. COMPLAINANT

Versus

             SH. XXXXXXX                                                                                                                                                  …. RESPONDENT

                                                                                                                                                                                                                                        P.S.XXXXXX

LIST OF DOCUMENTS

Place:                                                                                                                                                                                                                                              Complainant                                                                                                                                                                                                                                                  

Date:                                                                                                                  Through                                                                                               

                                                                                                                                                                                                                                                                                                                                                                                                                                Counsel                                                                                 

                                                                                                                                                                                                                  MOB: XXXXXXXXXXXXX

                                                                                                                                                                                                                                                                                                                                   Email-XXXXXXXXXXXXX

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

COMPLAINT NO ………/20xx

        IN RE:-

        SMT. XXXXXX                                                                                                                                                                                                                             ….. COMPLAINANT

Versus

        SH. XXXXXXX                                                                                                                                                                                                                            …. RESPONDENT

P.S. XXXXXX                       

                                                                                                                                CERTIFIACTE UNDER SECTION 65B OF INDIAN EVIDECNE ACT, 1872

1.   I, XXXXX W/o Sh. XXXXXX R/o. XXXXX R/O XXXXXXXXXX.

2.   I say that the video containing defamatory statements made by the accused is saved in my mobile and & computer and the same was in my possession and print out taken from my printer and the same is in my safe custody and as annexed in the petition through CD.

3.   I say that the computer, printer, mobile from which the videos were copied into CD was remains in my custody, and I have lawful control over the same. The computer which was used for copying the video into CD was at the relevant time operating properly and nothing was observed so as to affect the electronic record or the accuracy of its contents. The process of copying the video from the computer involves retrieving the data thus, the data was copied directly from the mobile and the only human intervention is giving the copying command.

4.   In the facts and circumstances of the case, this Certificate be taken as sufficient compliance of Section 65B of the Indian Evidence Act, 1872.

                                                                                                                                                                                                                                                                                XXXXXXXXXXXXXXXX

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

COMPLAINT NO ………/20XX

            IN RE:- 

        XXXXXXXXXXX                                                                                                                                                                                  ........COMPLAINANT

Versus

         XXXXXXXXXXXX                                                                                                                                                                         ….. RESPONDENT

                                                                                AFFIDAVIT

            I, XXXX W/o XXXX, Age about XXX years R/o XXXX, do hereby solemnly affirm and declare on path as under:-

           1. That I, deponent is the complainant in present complaint case.

           2. That being conversant with the facts and circumstances of the case, I am competent to swear this affidavit and the details provided in the present complaint case has been entered into by deponent/at my instructions. I, have read the contents of complaint case and understood by me in vernacular.

            3. That the reliefs claimed in the complaint case are urgent in as much as the complainant facing great hardship and has been harassed by the accused.

            4. That 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 Delhi on this    XXXXX     day of September, 20XX 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