1.IN THE COURT OF LD. CHIEF JUDICIAL MAGISTRATE, XXXX COURTS, XXXX

CRIMINAL COMPLAINT No. ______ OF 2021

IN THE MATTER OF: -

Smt. XXXX                                                    … Complainant

Versus

Smt. Imposter XXXX & ors.                                   … Accuseds

      PS: XXXX -I, XXXX,

                                                              , XXXX

APPLICATION UNDER SECTION 156(3) OF CR.P.C FOR AND ON BEHALF OF THE COMPLAINANT SEEKING DIRECTION TO THE SHO P.S- XXXX-I, XXXX, 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:-  

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 XXXX shall be referred as accused no.01,  XXXX shall be referred as accused no.02, XXXX New Delhi shall be as accused no.03, XXXX shall be referred as accused no.04, XXXX shall be referred as accused no.05, XXXX shall be referred as accused no.06, Officials of Sub Registrar shall be referred as accused No.07.

4.   That the complainant purchased the property bearing number, XXXX-I, XXXX,  XXXX. The said property is divided under three floors .ie.   First floor total area covered XXXX Mtr.Sq consisting of one drawing room, two bed rooms and one Kitchen, Second Floor total area covered XXXX Mtr.sq two balcony, three bed room, one drawing room, one dining room and one kitchen and third floor total area covered XXXX Mtr.sq the total area of the said property is XXXX Mtr.sq from the XXXX as first owner of the said property against the consideration of Rs.XXXX and the same was registered XXXX. The copy Property documents with site plan are annexed here as annexure P-1 (colly).

5.   That on XXXX, the complainant sold second floor with roof rights of the property bearing number-plot XXXX to XXXX vide registration number XXXXi.e. The copy Registry of XXXX is annexed here as Annexure P-2.

6.   That on XXXX, Sh. XXXX told the husband of complainant that fraud committed by imposter XXXX 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, impersonification and fraud in order to sell a property which was never a property of imposter per se.

7.   That On XXXX,  imposter of XXXX by means of false and fabricated documents of property bearing details plot no XXXX, second floor with roof rights, XXXX-I, XXXX, Tehsil XXXX, XXXX sold to one XXXX (accused no.02) against the consideration amount of XXXX and the payments were made i.e the first payment of XXXX only) through RTGS number XXXX on XXXX, second payment of XXXX through RTGS number XXXX, Third payment of Rs.XXXX through RTGS number XXXX on XXXX, Fourth installment of Rs.XXXX through RTGS number XXXX on XXXX, Fifth payment of Rs.XXXX through RTGS number XXXX on XXXX and Final payment of Rs.XXXX through DD number XXXX of XXXX bank on XXXX. The accused no.02 take a loan against the above mentioned property from the accused no.3 (XXXX) of Rs. XXXX.

8.   That the accused no.3 sanctioned the loan against the property bearing number- plot no.XXXX, second floor with roof rights, XXXX-I, XXXX, Tehsil XXXX, XXXX- .i.e. Second Floor total area covered XXXX 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 13 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.XXXX.

9.   That the witness i.e accused no.4 and 5 namely XXXX and XXXX 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 XXXX 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 proof’s 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 complainant 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 planning to do more than they have
done in the past.

16.  That the difference between the real XXXX and the
imposter of XXXX 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 Punjab national bank and the officials of
Registrar office.

17.  That on XXXX, the complainant already sent the complaint to the Senior Superintendent of police, Distt: XXXX, The Superintendent of Police Distt: XXXX and the D.S.P of XXXX XXXX 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 12-07-2021 the complainant again sent the complaint to the Senior Superintendent of police, Distt: XXXX, The Superintendent of Police Distt: XXXX and the D.S.P of XXXX XXXX and on 13-07-2021 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 screeshots of emails and it is also important to mention here the same complaint sent to SHO, and the higher police officials of XXXX 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:-XXXX-I XXXX, XXXX, S.S.P and D.S.P of XXXX, XXXX office to take proper action and direct the police officials of XXXX-I XXXX, XXXX 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: XXXX-I XXXX, XXXX and S.S.P and D.S.P. The copy of police complaint to  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 XXXX-I XXXX, XXXX 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 has 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 XXXX-I XXXX, XXXX 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 XXXX-I XXXX, XXXX 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.

XXXX                                                                                      Complainant  Dated                                                     Through,                                                   

                                                                                                                     Counsel

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