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IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. WEST; XXX, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
(P.S.: Xxx)
I N D E X
S.No. PARTICULARS PAGES C.F
1. MEMO OF PARTIES.
2. COMPLAINT UNDER SECTION 223 BNSS. AFFIDAVIT
IN SUPPORT.
3. APPLICATION UNDER SECTION 175(3)
OF BNSS AFFIDAVIT IN SUPPORT.
4. LIST OF DOCUMENTS.
5. VAKALATNAMA.
---------------------------------------------------------------------------------------
DATED :-
XXX
XXX, ADVOCATE
xxx,
Xxx
Mob.No xxx
Email: xxx
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. WEST; XXX, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
(P.S.: Xxx)
SH. XXX
S/o Sh. ……….. Gandhi,
Xxx,
Xxx. : COMPLAINANT
VERSUS
XXX
W/o
Sh. Xxx
Xxx,
Xxx. : ACCUSED
---------------------------------------------------------------------------------------
DATED :-
XXX
XXX, ADVOCATE
xxx,
Xxx
Mob.No.xxx
Email: xxx
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. WEST; XXX, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
SH. XXX
S/o Sh. ……….. Gandhi,
Xxx,
Xxx. : COMPLAINANT
VERSUS
XXX
W/o
Sh. Xxx
Xxx,
(P.S.: Xxx)
COMPLAINT UNDER
SECTION 223 OF BHARTIYA NAGARIK SURAKSHA SANHITA FOR TAKING COGNIZANCE AGAINST
THE ACCUSED PERSON UNDER SECTIONS 109/115(2)/118(2)/351(3)
OF BHARTIYA NYAY SANHITA ACCOMPANIED WITH APPLICATION UNDER
SECTION 175(3) OF BHARTIYA NAGARIK SURAKSHA SANHITA.
MOST RESPECTFULLY SHOWETH
:-
1.
That the Complainant is a law abiding citizen of India and is aggrieved by the illegal and
unlawful acts of the Accused person, the Complainant has been force to approach
this Hon’ble Court.
2.
That the Accused is the wife of the Complainant and having straight
relation, both residing at xxx, Xxx, the accused stubborn and short tamper in
nature. That on 29.07.2024 the accused physically assaulted the Complainant and
caused attempt to murder by using the sharp objects like kitchen knife. Hence,
the present complaint.
3.
That the brief fact
leading to the filling of the present complaint are as under: -
4.
That on 29.07.2024 the Complainant in his home at around 11.30 am in the
morning the accused / wife told him to take house hold items for home. The
Complainant request her he will take after 30 minutes, on which accused started
misbehave with the Complainant giving him continuous abusive word “Salle
Chutiya Kamina Admi, Marta kyo Nahin and started misbehave, for proving the
same Complainant has a video clip in which its clearly showed her cruel intention
towards the Complainant.
5.
That after
20 minutes the Complainant go to Grocery Store for the house hold items in the meanwhile the
accused / wife Xxxcalled the Complainant and said “Salle Kutta Ghar Ake Dikha Aj
Batati hun tujhe, on which he said what happen accused again say “Tu a To Sahin
Dekh Tera Kya hal Banati hun”, the Complainant totally scared know than return
back to home he belled his door for 10 minutes accused didn’t open the gate
again, he knock the door for 10 minutes somehow accused opened the gate and started
abusing him and say “Salle Agaya”. Complainant said “Ghar to Aonga” accused take
red chilli powder from kitchen and throw towards the Complainant, his eyes
completely blind for a minute, he wash his eyes straight away, again accused bite
twice the Complainant on his hand he was scared totally by seeing this kind of
cruel behavior of the accused. Terrified, the Complainant witnessed further
aggressive behavior when the accused took a knife from the kitchen, scratched
the Complainant's face with her nails, causing bleeding on his face and hands,
accused put knife on stomach of the Complainant and threatened him saying “Salle
Khoon Kardungi Ajj Tera” the Complainant felt completely helpless and feared
for his life. The accused arrogantly claimed that no one could do anything to
her because she is a woman.
6.
The Complainant in complete shock from the behaviour of the
accused and life of the Complainant is in danger from her and accused will
murder the Complainant if he was not raised alarm and called Police 112, the
Complainant. The police took him to Xxx for medical examination and discharge
on 30th July. An NCR was lodged under Section 115(3) of BNS against the
accused.
7.
That no neighbors responded to the Complainant’s call for
help. That the accused has been torturing the Complainant since their marriage,
and the mental trauma he faces daily is severe. The Complainant has evidence of
this torture, including a video clip showing the accused's malicious intent and
cruel conduct. The accused has also filed a false and frivolous complaint with
the Police Station Xxx on 30th July 2024, as a counterblast to the
Complainant's Complaint.
8.
That on 30.07.2024, the Complainant filed a handwritten
complaint to the SHO PS Xxx narrating the incident and requesting to lodge an
FIR against the accused for the life-threatening act committed on 29.07.2024 at
3:15 PM. An NCR No. 0013 dated 30.07.2024 U/s 115(2) of BNS was lodged against
the accused, but the police have not taken any action to arrest the accused or
lodged an FIR under the appropriate sections, i.e., 109/115(2)/118(2)/351(3) of
BNS.
9.
That custodial interrogation of the accused person is
necessary and same will reveal the ramification of the offences and police
investigation is necessary to collect evidence in regard to conspiracy and the
other persons involved therein.
10.
That Complainant has not left with any other option except to
approach this Hon’ble Court for taking necessary action against accused person as
warranted in law.
11.
That in case an urgent
FIR under Section 109/115(2)/ 118(2)/351(3) of
Bhartiya Nyay Sanhita is
not registered against the accused person and if she is are not arrested then
there is every possibility that she will cause kill or gracious hurt to the
Complainant and serious prejudice to the
complainant.
12.
That as per their conduct
it is apparent that accused person has committed the criminal acts under
Sections 109/115(2)/ 118(2)/351(3) of Bhartiya Nyay Sanhita as
such they are liable to be prosecuted for the offence punishable under BNS.
13.
That the aforesaid complaint discloses various cognizable
offences against the accused persons, in terms of law laid down by the Hon’ble
Supreme Court of India in the case of Lalita Kumar Vs. State of UP & Ors.
(2014) 2 SCC 1; where it is held that the essential requirement for recording
the FIR is that there must be information which discloses cognizable offences
and when such information is laid before an officer incharge of a police
station, he should register the case on such information.
14.
That due to unlawful acts
of the accused, complainant lodged a complaint with local police of Police
Station Xxx on 30.07.2024, needless to say Local Police lodged an NCR No.0013
dated 30.07.2024 U/s 115(2) of BNS against the accused, it is submitted that
the police officials has not been lodged an FIR under the appropriate Section
i.e. 109/115(2)/118(2)/351(3) of BNS
under which accused committed an offence, nor till date taken
any action or arrest the accused person.
15.
That the complainant has
every reason to believe, in the facts and circumstances of this case as stated
above, that the police are intentionally and deliberately not taking action in
and is active connivance with the accused person.
16.
That it is pertinent to
mention here that so far neither the accused person has been arrested nor any
inquiry has been made by the police official which clearly shows the malafide
intention and the collusion of the police officials with the accused person.
17.
That as the cognizable
offences punishable under Section 109/115(2)/118(2)/351(3) of Bhartiya Nyay Sanhita have
been committed within the jurisdiction of Police Station Xxx, the complainant
got a police complaint lodged against the above-mentioned accused at Police
Station Xxx on 30.07.2024. Hence, they are liable to be punished for the
offences as mentioned above.
18.
That the investigation into the abovementioned cognizable
offences committed by the accused person is essential to unearth the whole
truth and to know the manner of conspiracy and exact role of the accused person
in the commission of the above said substantive offences so that on the
submission of the final report this Hon’ble Court can try and punish them in
accordance with law.
19.
That this Hon’ble Court has jurisdiction to entertain this
complaint and summon, try/prosecute and punish the try and punish the accused
person in accordance with law for committing cognizable offences punishable
under Sections 109/115(2)/ 118(2)/351(3) of Bhartiya Nyay Sanhita. The offences have been committed
within the local limits/jurisdiction of this Hon'ble Court.
In view of above facts and
circumstances, it is therefore most respectfully prayed that this Hon'ble Court
may be pleased to;-
(a) Take cognizance of the
offences under Sections 109/115(2)/ 118(2)/351(3)
of Bhartiya Nyay Sanhita or under any other relevant
sections and direct the summoning of the accused person, try the accused for
the offences aforementioned which will be 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.
XXX
XXX, ADVOCATE
xxx,
Xxx
Mob.No.xxx
Email: xxx
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. WEST; XXX, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
(P.S.: Xxx)
APPLICATION
UNDER SECTION 175(3) OF BHARTIYA NAGARIK SURAKSHA SANHITA FOR AND ON BEHALF OF
THE COMPLAINANT SEEKING DIRECTION TO THE SHO POLICE STATION XXX FOR
REGISTRATION OF F.I.R. AGAINST THE ACCUSED PERSON FOR THE OFFENCE UNDER SECTIONS 109/115(2)/ 118(2)/351(3) OF BHARTIYA NYAY
SANHITA.
MOST RESPECTFULLY SHOWETH :-
1. That the complainant had
filed an accompanying complaint under Section 223 BNSS for taking cognizance of
the offences under Section 109/115(2)/118(2)/351(3)
of Bhartiya Nyay Sanhita against the accused person.
2. That the contents of the
accompanying complaint are not being repeated herein for the sake of brevity
and same may be read as part and parcel of this application.
3. That the indulgence of
Police is required in the instant case as cognizable offences have taken place
and police has refused to register a FIR.
4. 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 S.H.O of Police Station Xxx, to register the F.I.R under the said
sections.
5. That the Hon’ble Supreme
Court of India has specifically laid down in numerous cases that police cant
investigate any Cognizable Offence 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.
6. That after having got the
complaint received in the Police Station, the complainant requested the police
officials to lodge the FIR against the accused person 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.
7. That as the accused person
has committed the offences of 109/115(2)/118(2)/351(3)
of BNS, thus
the offences involving mensrea (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.
8. The complainant has no means to
investigate into the matter and / or identify the accused for the purpose of
trial unless and until this Hon’ble Court directs the police to investigate
into the matter and find out / identify the accused and other conspirators.
That complainant on his own is unable to collect / bring the entire evidence
which can prove the malafide intention of the accused person.
9. That on the directions being given by
this Hon’ble Court under Section 175(3) BNSS on the complaint of the Applicant,
the police is duty bound to register the case and investigate the same.
10. That the investigation into the
abovementioned cognizable offences committed by the accused person is essential
to unearth the whole truth and to know the manner of conspiracy and exact role
of the accused person in the commission of the above said substantive offences
so that on the submission of the final report this Hon’ble Court can try and
punish them in accordance with law.
11. That this Hon’ble Court has jurisdiction to
entertain this complaint and pass direction under Section 175(3) Bhartiya
Nagarik Suraksha Sanhita to S.H.O., P.S. Xxx, Delhi as the cognizable
offences punishable under Sections 109/115(2)/
118(2)/351(3) of Bhartiya Nyay Sanhita by the accused
person, has been committed within the jurisdiction of the aforesaid Police
Station and within the jurisdiction of this Hon’ble Court and this Hon’ble
Court has the right to give direction under Section 175(3) BNSS, call for final
report, and try and punish the accused in accordance with law.
12. That for the purpose of saving valuable
time of this Ho’ble Court it is expedient in the interest of justice kindly
issue direction to the S.H.O at Police Station Xxx to register an F.I.R under Sections
109/115(2)/118(2)/351(3) of Bhartiya Nyay Sanhita.
P R A Y E R
It is therefore most humbly prayed that this Hon’ble Court
may direct the S.H.O. P.S. Xxx to immediately register FIR against the accused person
under Sections 109/115(2)/118(2)/351(3) of
Bhartiya Nyay Sanhita 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.
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.
DATED :-
XXX
XXX, ADVOCATE
xxx,
Xxx
Mob.No.xxx
Email: xxx
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. WEST; XXX, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
AFFIDAVIT
Affidavit of Sh. Xxx S/o Sh. ……….. , aged about …. Years, Xxx,
Xxx, do hereby solemnly affirm and declare as under;-
1. That
I am the Complainant in the above noted matter and am well conversant with the
facts and circumstances of the case and also competent to file the present
affidavit.
2. That the contents of the
annexed Complaint under Section 223 of the Bhartiya Nagarik Suraksha Sanhita have
been drafted by my counsel as per my instructions and the contents of the same
have been duly read over and understood by my vernacular language and after
fully understanding the contents of the therein are all true and correct to my
knowledge.
DEPONENT
VERIFICATION :-
Verified at Delhi on this _____, day of August, 2024, that
the contents of my above affidavit are true and correct to my knowledge, no
part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. WEST; XXX, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
AFFIDAVIT
Affidavit of Sh. Xxx S/o Sh. ……….. aged about …. Years, Xxx, Xxx,
do hereby solemnly affirm and declare as under;-
1. That
I am the complainant in the above noted matter and am well conversant with the
facts and circumstances of the case and also competent to file the present
affidavit.
2. That the contents of the
annexed application under Section 175 (3) of the Bhartiya Nagarik Suraksha
Sanhita have been drafted by my counsel as per my instructions and the contents
of the same have been duly read over and understood by my vernacular language
and after fully understanding the contents of the therein are all true and
correct to my knowledge.
DEPONENT
VERIFICATION :-
Verified at Delhi on this _____, day of August, 2024, that
the contents of my above affidavit are true and correct to my knowledge, no
part of it is false and nothing material has been concealed therefrom.
