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IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
(P.S.: ____)
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. THE CERTIFIED COPY OF
THE LOAN AGREEMENT WHERE ALLEGED FORGED SIGNATURE IS VISIBLE.
5. COPY OF COMPLAINT BY THE COMPLAINANT TO
THE SHO PS PAHAR GANJ DATED 20.06.2024.
6. VAKALATNAMA.
---------------------------------------------------------------------------------------
DATED :-
____________________
ADVOCATES
Ch. _______________.
Mob. No. +91-___________
Email:
______________
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
(P.S.: ________)
____________________ : COMPLAINANT
VERSUS
1. _____________,
New
Delhi- 110055.
2. _____________,
Haryana-122004.
Mob.
No. +91-__________ : ACCUSEDS
---------------------------------------------------------------------------------------
DATED :-
_______________________
ADVOCATES
Ch. ______________________.
Mob. No. ______________
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
_____________
Haryana 122018. : COMPLAINANT
VERSUS
1. __________________
_____________________,
New
Delhi- 110055.
2. ___________
S/o----------------122004.
(P.S.: ______)
COMPLAINT UNDER SECTION 223
OF BHARTIYA NAGARIK SURAKSHA SANHITA FOR TAKING COGNIZANCE AGAINST THE ACCUSED
PERSONS UNDER SECTIONS …………… OF BHARTIYA NYAY SANHITA ACCOMPANIED WITH
APPLICATION UNDER SECTION 175(3) OF BHARTIYA NAGARIK SURAKSHA SANHITA.
MOST RESPECTFULLY SHOWETH
:-
1.
That the Complainant is constrained to approach this Hon’ble Court for act of cheating and
forgery done by the officials of accused no.1 and accused no.2 who connived
with each other forged her signature for availed Personal Loan of Rs._________/-
(________) dated ___________ and illegally dragged the name of the Complainant in
the said personal loan. The complainant
feeling aggrieved by the act / conduct of the
accused persons. The complainant has perforce to file the present complaint.
2.
That the brief fact
leading to the filling of the present complaint are as under: -
3.
That the Complainant on _________
was stunned to know that her ex-husband has dragged and misused her name in the
Personal Loan Account with __________ Bank bearing No. __________. The said loan
was individually availed by the accused no.2 ______ in connivance with
officials of accused no.1 _______ Bank by forging the signature of the
Complainant on the personal loan agreement. The Complainant further shocked to
know about the entire conspiracy on ________ when she saw the loan agreement
documents dated ______ filed by accused no.1 Bank before DRT-3 at the column of
co-applicant where her name ________is written and same is an act of forgery
and cheating to gulp public money and name of the Complainant is being dragged
in a fictitious loan transaction to which she was never a party in any manner.
4.
That the Complainant neither the
borrower nor is connected with said personal loan account in any manner and accused
no.2 Saurabh Uttam is solely responsible for repayment of his personal loan
account. The certified copy of the said loan agreement where alleged forged
signature is visible is annexed as Annexure to this complaint. That
official/agents of the accused no.1 Bank and accused no.2 have dishonestly /
intentionally forged signature of the Complainant in order to avail the said
personal loan of Rs.________/- (_________) and dragged her name in the said
illegal loan transaction, with complete knowledge and in a planned manner to
cause wrongful gain to themselves and wrongful loss of public money by
illegally disbursing public money in the bank account of accused no.2. Both the
accused persons in connivance with each other solely to gulp Rs._______/-for
their wrong gain. The said fraudulent act is the result of conspiracy between
officials of accused no.1 Bank and accused no.2 in order to avail personal Loan
of Rs.________/- illegally by forging the signature of the Complainant to
execute personal loan agreement. The Complainant has tried to contact official
of accused no.1 Bank since _________ and also contacted accused no.2 _____ at __________
but neither both of them responded back to the Complainant and official of bank
kept on lingering the said issue on one pretext or the other. The Complainant participating
the proceeding before Hon’ble DRT-3. All her efforts went in vain when accused
no.1 Bank and accused no.2 failed to respond to the Complainant and redressed her
grievance for the illegal act of forgery by putting her signatures on the
Personal Loan Agreement dated __________. That employees of accused no.1 Bank
and accused no.2 have committed bold act of forgery and have fraudulently
signed as _________ on the said Personal Loan Agreement with dishonest
intention of deceiving and misrepresenting as if same has been executed by the
Complainant (______). This fraudulent Acts were committed by Officials of accused
persons to avail this illegal loan of Rs.______/- and committed fraud and the
alleged personal loan stands vitiated against the Complainant and the same is
liable to be declared as null and void.
5.
Further in the said criminal act
where amount of Rs.___ Lacs of public money is involved FIR under relevant
provisions is demanded to be registered and investigation is required for
recovery of public money and original personal loan agreement should be sent to
CSFL to investigate that who has forged and signed in her place in the said
Personal Loan agreement which is punishable under the law.
6.
The axiomatic facts from the above clearly show that the
ulterior motive of the accused persons have conspired against the Complainant and
attempted to frame a frivolous financial liability against her by falsely
presenting the Complainant as co-borrower and harassed her due to the act of
forgery and cheating and dragged into frivolous litigations by the accused no.1
bank in collusion with the accused no.2.
7.
Thus, the accused person have committed offences under
Section …………….. of Bhartiya Nyay Sanhita and he should also be prosecuted for forgery,
cheating, criminal defamation for abusing and hurting the goodwill of the Complainant.
8.
That the Complainant lodged the written complaint to the Police
Station _______, Delhi on _______. Complainant has been has been living in
constant fear and threat requesting the police officers to help and register an
FIR against the accused persons, but till date police officials failed to
lodged any FIR against the accused persons.
9.
That
the accused persons with their ulterior motive and in connivance with each
other and their associates with common intention have caused hurt, defaming, by committing
forgery and to cheat and criminal intimidation with malafide intent.
10.
That custodial interrogation of the accused persons 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. That this is a classic example of fraud /
cheating and they have committed this crime with the knowledge about the
consequences likely to arise on account of their invocation.
11.
That Complainant has not left with any other option except to
approach this Hon’ble Court for taking necessary action against accused persons
as warranted in law.
12.
That in case an urgent
FIR under Section …………….. of Bhartiya
Nyay Sanhita is not registered against the accused persons and if they
are not arrested then there is every possibility that they will cause serious prejudice
to the complainant.
13.
That as per their conduct
it is apparent that accused persons have committed the criminal acts under
Sections …………….. of Bhartiya Nyay
Sanhita as such they are liable to be prosecuted for the offence
punishable under BNS.
14.
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.
15.
That due to unlawful acts
of the accused, complainant lodged a complaint with local police of Police
Station _______ on _____, needless to say Local Police has not taken any action
against the accused persons nor has even lodged the F.I.R. till today.
16.
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 persons.
17.
That it is pertinent to
mention here that so far neither the accused persons have 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 persons.
18.
That as the cognizable
offences punishable under Section ……………..
of Bhartiya Nyay Sanhita have been committed within the jurisdiction of
Police Station Pahar Ganj, the complainant got a police complaint lodged
against the above-mentioned accused at Police Station ______ on _____. Hence,
they are liable to be punished for the offences as mentioned above.
19.
That the investigation into the abovementioned cognizable
offences committed by the accused persons is essential to unearth the whole
truth and to know the manner of conspiracy and exact role of the accused
persons 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.
20.
That this
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 …………….. of
Bhartiya Nyay Sanhita or under any other relevant sections and direct the
summoning of the accused persons, 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.
_______________________
ADVOCATES
Ch. ______________,
Delhi-110054.
Mob. No. +91-__________
Email:
________________
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
(P.S.: Pahar Ganj)
APPLICATION
UNDER SECTION 175(3) OF BHARTIYA NAGARIK SURAKSHA SANHITA FOR AND ON BEHALF OF
THE COMPLAINANT SEEKING DIRECTION TO THE SHO POLICE STATION ASHOK VIHAR FOR
REGISTRATION OF F.I.R. AGAINST THE ACCUSED PERSONS FOR THE OFFENCE UNDER SECTIONS ……………………. 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 …………….. of
Bhartiya Nyay Sanhita against the accused persons.
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 ______, 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 can’t
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 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.
7. That as the accused persons
committed the offences of theft, threatening, criminal assault, defamation and
criminal intimidation, 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 of the accused persons.
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 persons are essential
to unearth the whole truth and to know the manner of conspiracy and exact role
of the accused persons 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. Pahar Ganj, Delhi as the
cognizable offences punishable under Sections …………….. of Bhartiya Nyay Sanhita by the accused persons, have
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 Pahar Ganj to register F.I.R in
the Sections …………….. 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. Pahar Ganj to immediately register FIR against the
accused persons under Sections ……………..
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 :-
______________________
ADVOCATES
Ch. _______________.
Mob. No. +91-______________
Email:
___________________
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
AFFIDAVIT
Affidavit of Ms. _________
D/o Sh. …………….. aged about ……. Years, R/o----------------------n-Haryana 122018
presently at Delhi, 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 _______, 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. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
AFFIDAVIT
Affidavit of Ms. __________
D/o Sh. …………….. aged about ……. Years, R/o--------------------Haryana 122018 presently
at Delhi, 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 July, 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.
