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Original Draft of Quashing Petition Under Section 482 of CrPC

 

  IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh & Ors.                                       …..Petitioners

VERSUS

State of NCT of Delhi & Anr.                   …..Respondents

                                    INDEX

SL.                  PARTICULARS                                 PAGES        C.  FEES

1.        Notice of Motion

2.         Urgent Application

3.         Memo of  Parties

4.         List of Dates & Events

5.         Opening Sheet

6.          Petition U/s. 482 of Cr.P.C.

for Quashing Of

FIR no.227/2009

dated  22.12.2009  and

Charge Sheet with

Supportive Affidavits

of petitioners

7.         ANNEXURE –A: Identity Proofs

Of  the Petitioners

8.         ANNEXURE –B :  Certified Copy

of  FIR No.227/2009

along withTyped copy

and English Translation

9.         ANNEXURE –C :  Certified Copy

of Charge Sheet

along withTyped copy

and English Translation

10.     ANNEXURE –D: ID Proofs

Of  the Respondent No.2

11.     ANNEXURE –E: Compromise Agreement

Between petitioners and

respondent no.2

12.     ANNEXURE-F:  Affidavit of

Respondent No.2

13.     Vakalatnama

14.     Court Fees

 

Filed by

(Avinash Nandan Sharma)

Advocate

Chamber No. 671, Patiala House Court

New Delhi- 1. Mob: 8800794128

Email: advocateavinashsharma@gmail.com

 

New Delhi

Date :     .03.2023

 

 

 

       IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh & Ors.                                       …..Petitioners

VERSUS

State of NCT of Delhi & Anr.                   …..Respondents

 

                             NOTICE OF MOTION

To

The Standing Counsel

Govt. of NCT of Delhi

Delhi High Court,

New Delhi.

Kindly acknowledge the receipt of the accompanying petition which is being filed today in the Hon’ble High Court of Delhi and the same is likely to be listed on  ___ .03.2023.

Filed by

(Avinash Nandan Sharma)

Advocate

Chamber No. 671, Patiala House Court

New Delhi- 1. Mob: 8800794128

Email: advocateavinashsharma@gmail.com

 

New Delhi

Date :     .03.2023

IN  THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh & Ors.                                          …..Petitioners

VERSUS

State of NCT of Delhi & Anr.                   …..Respondents

URGENT APPLICATION

To,

The Registrar,

High Court of Delhi

At New Delhi.

Sir,

Kindly treat the accompanying petition as urgent one as per High Court Rules and Regulation. The ground of urgency is as under:-

The quashing of FIR No. 227/2009 along with its consequential proceedings  before the Hon’ble Court of Metropolitan Magistrate, Patiala House Court, New Delhi as prayed for.

 

Filed by

(Avinash Nandan Sharma)

Advocate

Chamber No. 671, Patiala House Court

New Delhi- 1. Mob: 8800794128

Email: advocateavinashsharma@gmail.com

New Delhi

Date :     .03.2023

 

 

      IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh  & Ors.                                      …..Petitioners

VERSUS

State of NCT of Delhi &Anr.                   …..Respondents

                                 MEMO OF PARTIES

1.             Lal Singh

S/o. Sh. AB

R/o. H.No. X,

Sultan Puri , Delhi – 110086

Parmanent R/O. Village XX,

P.S. Rajaund,

Distt. Kaithal, Haryana.

 

2.               Naresh Kumar

S/o. AZ

R/o. Village- Ghaso Kalan ,

Dist. Jind, Haryana – 126116

 

3.               Kapil Singh

S/o. Lal Singh

R/o.  H.No. AB,

Sultan Puri , Delhi – 110086

….. Petitioners

Versus

1.              State of NCT of Delhi

Through Commissioner of Police

Police Head Quarter

IP Estate, New Delhi-110001

 

2.              Narender Kumar

S/o.  Sh. X

R/o. RZ, Uttam Nagar, Delhi

  …Respondents

 

Filed by

 

(Avinash Nandan Sharma)

Advocate

Chamber No. 671, Patiala House Court

New Delhi- 1. Mob: 8800794128

Email: advocateavinashsharma@gmail.com

New Delhi

Date :     .03.2023

 

 

 

    IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh  & Ors.                                      …..Petitioners

VERSUS

State of NCT of Delhi & Anr.                 …..Respondents

 

LIST OF DATES AND EVENTS

 

RESPECTFULLY SHOWETH:

By way of the present petition under Section 482 of the Code of Criminal Procedure, the Petitioner is approaching this Hon’ble Court for quashing of the FIR No. 227/2009, Charge sheet and all other incidental proceedings arising out of the aforesaid FIR pending as SC No. 263/2020 in the court of  Sh. Harjyot Singh Bhalla , Ld.  ASJ, Patiala House Court, New Delhi. The dates and events of the present case are as under:

12.12.2009       The respondent no.2 filed a Criminal Complaint Under Section 156(3) of Cr.P.C. before the Magistdrate at Patiala House Court, New Delhi  for the registration of FIR against the petitioners.

22.12.2009        The FIR No. 227/2009 under Section 308/341/506/34 IPC was registered at Police Station Mandir Marg, New Delhi on the direction of the ACMM , Patiala House Court, New Delhi against the Petitioners  where it has been allegedly stated that petitioners have attacked the respondent no.2 and assaulted upon  him by iron rod, knife and Dandas due to which the respondent no.2 got injuries . It was alleged that petitioners restrained  and  threatened him too.

29.07.2010         The petitioner no.1 namely Lal Singh was arrested in the present case by the police of Mandir Marg Police Station and was produced before the Ld. MM . Patiala House Court, New Delhi and from where he was sent to Judicial Custody.

28.02.2011    The formal arrest of the petitioners no.2 & 3 was conducted by the police concerned and thereafter they were  released on bail on furnishing his surety and personal bond of Rs.2000 each at PS. Mandir Marg. New Delhi.

19.05.2011       Charge Sheet by way of Challan was filed against the petitioners by     I.O. Police Station Mandir Marg, before the court of  Ld.  MM, Patiala House Courts, New Delhi  and  the name of petitioner no.2 & 3 were only mentioned in column no.12 under the heading ‘Accused persons not charge sheeted’, giving reasons that not enough evidences for chargesheeting. The Hon’ble Metropolitan Magistrate toom cognizance of offence against the petitioner no.1 Lal Singh U/s. 308/341/506 of IPC.

07.08.2019 Petitioners also summoned by the Ld. MM to face trial.

11.11.2020  The case was committed for trial before the Hon’ble Court of Sessions at Patiala House Court, New Delhi.

17.09.2022 Hon’ble Trial Court framed Charges  under Sections 308/34 of IPC agaisnt the petitioners.

__.03.2023   The amicable settlement arrived between the Petitioners and Respondent No.2 in the present case at Patiala House Courts, New Delhi where petitioners and respondent no.2 executed Settlement agreement / MOU with their free will and desire to end the present dispute between themselves. The respondent no.2 expressed her intention not   to pursue the case before the Trial Court against   the petitioners and petitioners  agreed to move  necessary petition for quashing of the present FIR  bearing No. 227/2009 registed at  PS.Mandir Marg , charge-sheet and consequential proceedings.

__.03.2023   Hence the present petition for quashing of the FIR No. 227/2009, PS. Mandir Marg , New Delhi.

13.03.2023     Next date of hearing before the Trial Court for recording of the evidence

 

 

PETITIONER No.1

 

 

PETITIONER No.2

 

 

PETITIONER No.3

 

THROUGH

(Avinash Nandan Sharma)

Advocate

Chamber No. 671, Patiala House Court

New Delhi- 1. Mob: 8800794128

Email: advocateavinashsharma@gmail.com

New Delhi

Date :     .03.2023

 

 

           IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

1.            Lal Singh

S/o. Sh. RN

R/o. H.No. X,

Sultan Puri , Delhi – 110086

Parmanent R/O. Village NB,

P.S. Rajaund,

Distt. Kaithal, Haryana.

 

2.       Naresh Kumar

S/o. AB

R/o. Village- Ghaso Kalan ,

Dist. Jind, Haryana – 126116

 

3.               Kapil Singh

S/o. XZ

R/o.  H.No. X,

Sultan Puri , Delhi – 110086

 

….. Petitioners

Versus

1.       State of NCT of Delhi

Through Commissioner of Police

Police Head Quarter

IP Estate, New Delhi-110001

 

2.         Narender Kumar

S/o.  Sh. AB

R/o. XY, Uttam Nagar,

Delhi

    …Respondents

 

       PETITION UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 SEEKING QUASHING OF CASE F.I.R. NO. 227/2009, U/s. 308/341/506/34 IPC,  P.S.  MANDIR MARG AND THE CHARGE SHEET FILED THEREIN PENDING TRIAL AS SC NO. 263/2020 IN THE COURT OF SH. HARJYOT SINGH BHALLA, ASJ, PATIALA HOUSE  COURTS, NEW DELHI

TO,

THE HON’BLE CHIEF JUSTICE

AND HIS COMPANION JUSTICES OF THE

HON’BLE DELHI HIGH COURT

THE HUMBLE PETITION OF THE PETITIONER  ABOVE NAMED

MSOST RESPECTFULLY SHOWETH;-

1.    The Petitioners no.1 and 3  have been residing in New Delhi for last several years and petitioner no.2 is the  resident of Distt. Jind ,Haryana and they are peace loving and law abiding citizens, having no previous criminal antecedents. For the purpose of identification of the petitioners, the identity proofs the petitioners are attached herewith as ANNEXURE-A.

2.    By way of the present petition under Section 482 of the Code of Criminal procedure, the Petitioners are approaching this Hon’ble Court for quashing of the above mentioned FIR No. 227/2009, Charge sheet and all other incidental proceedings arising out of the aforesaid FIR pending in the court of  Sh. Harjyot Singh Bhalla , Ld.  ASJ, Patiala House Court, New Delhi. Copy of the said FIR along with its fair typed and English translation is annexed herewith as ANNEXURE-B.

3.    That after investigation, the police filed the charge sheet on 19. 05. 2011 against the Petitioner No.1 only, mentioning the name of Petitioner no.2 & 3 in column no.12 under the heading ‘Accused not charge sheeted’ giving the reason that not enough evidences for charge sheeting which is pending before the Ld. ASJ. Patiala  House Courts, New Delhi. The certified copy of charge sheet alongwith its typed copy and  English translation is annexed herewith as ANNEXURE-C.

4.    That the Respondent no.1 in the present case is the State of Delhi, which is prosecuting the present case and which has registered the present FIR. The respondent No. 2 is the complainant of the present FIR, who was the neighbor of the  of the  petitioner no.1.

5.    That the respondent no.2 does not want to pursue the present matter against the petitioners. The Identity proof of the respondent no. 2 is annexed herewith as ANNEXURE-D.

6.    That  the amicable settlement arrived between the Petitioners and Respondent No.2 in the present case at Patiala House Courts, New Delhi where petitioners and respondent no.2 executed Settlement agreement with their free will and intention to end the present dispute between themselves. The respondent no.2 expressed her intention not   to pursue the case before the Trial Court against   the petitioners and petitioners  agreed to move  necessary petition for quashing of the present FIR  bearing No. 227/2009 registed at  PS.Mandir Marg , charge-sheet and consequential proceedings.   It is undertaken by the respondent no.2 that he shall appear before the Hon’ble High Court of Delhi for making necessary  statement in connection with quashing of the present FIR and consequential proceedings. The copy of the Settlement Agreement dated 24.02.2023  is annexed herewith as ANNEXURE-E.

7.    It is humbly submitted that the police after investigations has already filed the charge sheet in this case. The petitioner has always joined the investigation before the police, has co-operated with the investing agency, and has always honored the order of court and maintained the dignity of law.

8.    It is submitted that the petitioners are socially respectable persons and that if the proceedings in the instant FIR are not quashed, the same shall create a hurdle on the future career and life of the petitioners.

9.    That in view of the compromise and settlement between the parties, there is no chance of recording conviction against the petitioners and entire exercise of trial is destined to exercise in futility.

10.  That the petitioner has filed no other similar petition in either the Hon’ble Supreme of India or this Hon’ble court for similar relief

 

PRAYER

In view of afore submitted facts and circumstances , it is  most respectfully prayed that this Hon’ble Court may kindly be pleased to:

(i)           Call for the records of the case bearing SC No. 263/2020 titled as ‘State Vs. Lal Singh & Ors.’ and quash the said case including the FIR No.227/2009, U/s 308 / 341/506/34  IPC, registered at PS. Mandir Marg  and the Charge sheet filed thereto now pending trial in the court of Sh. Harjyot Singh Bhalla , Ld.  ASJ, Patiala House Courts, New Delhi

and /or

(ii)        Pass any other order/ direction that this Hon’ble Court may deem fit and appropriate in the present facts and circumstances of this case.

 

PETITIONER No.1

 

 

PETITIONER No.2

 

 

PETITIONER No.3

 

 

THROUGH

 

(Avinash Nandan Sharma)

Advocate

Chamber No. 671, Patiala House Court

New Delhi- 1. Mob: 8800794128

Email: advocateavinashsharma@gmail.com

New Delhi

Date :     .03.2023

 

 

IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh  & Ors.                                        …..Petitioners

VERSUS

State of NCT of Delhi & Anr.                     …..Respondents

 

                                       AFFIDAVIT

I , Lal Singh, S/o. XA Aged about 57 years,  R/o. H.No. X, Sultan Puri,  Delhi – 110086 , Permanent R/o. vill. AZ, PS. Rajaund, Distt. Kaithal, Haryana, do hereby solemnly affirm and declare as under:-

1.        That I am the Petitioner No.1 in the accompanying Petition under Section  482  of  the Code of  Criminal Procedure, 1973 seeking quashing of FIR No.227/2009 U/S  308/341/506/34 of  IPC, PS. Mandir Marg  and the Charge sheet filed therein pending in the court of Sh. Harjyot Singh Bhalla , Ld.  ASJ, Patiala House Courts, New Delhi.

2.        That I am fully conversant with the facts and circumstances of the above mentioned case and am competent to swear this affidavit.

3.        That the contents of the accompanying Petition under Section-482 Cr.P.C. , has been drafted by my counsel under my instructions and the contents of the said Petition are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct  to my knowledge and belief.

4.        That the contents of the said Petition may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. That I have not earlier filed any such or similar Petition, either in this Hon’ble Court or in the Hon’ble Supreme Court of India.

5.       That the above statement of facts made therein is correct to my knowledge and belief.

                                                                  DEPONENT

VERIFICATION

Verified at New Delhi on this     th day of March  2023 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

                                                                   DEPONENT

 

       IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh  & Ors.                                          …..Petitioners

VERSUS

State of NCT of Delhi &Anr.                   …..Respondents

                                       AFFIDAVIT

I , Naresh Kumar, S/o. Sh. AB aged about 49 years,  R/o. Vill. G  Distt. Jind, Haryana -126116 –  presently at Delhi, do hereby solemnly affirm and declare as under:-

1.   That I am the Petitioner No.2 in the accompanying Petition under Section  482  of  the Code of  Criminal Procedure, 1973 seeking quashing of FIR No.227/2009 U/S  308/341/506/34 of  IPC, PS. Mandir Marg  and the Charge sheet filed therein pending in the court of Sh. Harjyot Singh Bhalla , Ld.  ASJ, Patiala House Courts, New Delhi.

2.   That I am fully conversant with the facts and circumstances of the above mentioned case and am competent to swear this affidavit.

3.   That the contents of the accompanying Petition under Section-482 Cr.P.C. , has been drafted by my counsel under my instructions and the contents of the said Petition are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct  to my knowledge and belief.

4.   That the contents of the said Petition may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. That I have not earlier filed any such or similar Petition, either in this Hon’ble Court or in the Hon’ble Supreme Court of India.

5.  That the above statement of facts made therein is correct to my knowledge and belief.

                                                                  DEPONENT

 

VERIFICATION

Verified at New Delhi on this     th day of March  2023 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

                                            DEPONENT

 

            IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh  & Ors.                                         …..Petitioners

VERSUS

State of NCT of Delhi &Anr.                   …..Respondents

                                       AFFIDAVIT

I , Kapil Singh , S/o. XZ aged about 34 years,  R/o. H.No.P, Sultan Puri,  Delhi – 110086, do hereby solemnly affirm and declare as under:-

1.   That I am the Petitioner No.3 in the accompanying Petition under Section  482  of  the Code of  Criminal Procedure, 1973 seeking quashing of FIR No.227/2009 U/S  308/341/506/34 of  IPC, PS. Mandir Marg  and the Charge sheet filed therein pending in the court of Sh. Harjyot Singh Bhalla , Ld.  ASJ,Patiala House Courts, New Delhi.

2.   That I am fully conversant with the facts and circumstances of the above mentioned case and am competent to swear this affidavit.

3.   That the contents of the accompanying Petition under Section-482 Cr.P.C. , has been drafted by my counsel under my instructions and the contents of the said Petition are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct  to my knowledge and belief.

4.   That the contents of the said Petition may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. That I have not earlier filed any such or similar Petition, either in this Hon’ble Court or in the Hon’ble Supreme Court of India.

5.  That the above statement of facts made therein is correct to my knowledge and belief.

                                                                  DEPONENT

 VERIFICATION

Verified at New Delhi on this     th day of March  2023 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

 

                                                                   DEPONENT

              IN THE HIGH COURT OF DELHI, AT NEW DELH

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh  & Ors.                                         …..Petitioners

VERSUS

State of NCT of Delhi &Anr.                   …..Respondents

 

                                       AFFIDAVIT

I ,  Narender Kumar  S/o.  Sh. AB R/o. R-3, Uttam Nagar, Delhi, do hereby solemnly affirm and declare as under:-

 

1.   That I am the respondent  No.2 in the accompanying Petition under Section  482  of  the Code of  Criminal Procedure, 1973 seeking quashing of FIR No.227/2009 U/S  308/341/506/34 of  IPC, PS. Mandir Marg  and the Charge sheet filed therein pending in the court of Sh. Harjyot Singh Bhalla , Ld.  ASJ,Patiala House Courts, New Delhi.

2.   That I am the complainant in the said FIR and as such fully conversant with the facts and circumstances of the above mentioned case and am competent to swear this affidavit.

3.   That the contents of the accompanying Petition under Section-482 Cr.P.C. , has been drafted by the  counsel of the petitioner on the basis of the compromise between me and the petitioners in said case  and the contents of the said Petition are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct  to my knowledge and belief.

4.   That the contents of the said Petition may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. That I have also duly executed the Settlement Agreement with the petitioners with my free and fair will to end the present dispute.

5.  That the above statement of facts made therein is correct to my knowledge and belief.

                                                                  DEPONENT

 VERIFICATION

Verified at New Delhi on this     th day of March  2023 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

                                                                   DEPONENT

 

 

          IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRIMINAL M.C. NO._________OF 2023

IN THE MATTER OF :

Lal Singh  & Ors.                                         …..Petitioners

VERSUS

State of NCT of Delhi &Anr.                   …..Respondents

              Court Fee of Rs. 100

 

             FIRST INFORMATION REPORT (F.I.R.)

(Under Section 154 Cr.P.C.)

1.               District: NEW DELHI  PS: MANDIR MARG ,  YEAR: 2009  FIR  No.227 Date: 22-12-2009

2.               Acts(s)                               Section(s)

(i)              IPC 1860                     308/ 341/506/34

(ii)

 

3.               Occurrence of Offence:

(a)             Day: Friday     Date From:  04-12-2009  Date To :04-12-2009

Time Period:         Time From:                       Time To:

(b)             Information received at PS:  Date: 22-12-2009   Time: 18:20 hrs

(c)            General Diary Reference:      Entry No.18A         Time: 18:20 hrs

4.               Type of Information: WRITTEN

5.               Place of Occurrence:

(a)            Direction and Distance from  PS :East/ 1.0Km.         Beat No:

(b)             Address: OLD G POINT-131, KALIBARI LANE MANDIR MARG ,NEW DELHI

(c)            In case outside the limit of the Police Station:

Name of PS:                                             District :

6.               Complainant/Informant:

(a)            Name:  NARENDER KUMAR  (S/o) Mr. SH KESAR RAM

(b)            Date/Year of Birth:                         Nationality: INDIA

(c)            Passport No.              Date of  issue:        Place of Issue

(d)            Occupation:

(e)              Address:OLD G POINT-131, KALIBARI  LANE MANDIR MARG , NEW DELHI

7.              Details of Known/Suspect/Unknown accused with full particulars (attach separate sheets if necessary):

 

(i)

(ii)

(iii)

8.               Reason for delay in reporting by the complainant/informant: NO DELAY

9.               Particulars of  the properties stolen/involved (attach separate sheet if necessary):

Sl.No.      Property Type (Description)      Est. Value (Rs.)            Status

(i)

(ii)

(iii)

10.           Total value of property stolen:

11.             Inquest Report/U.D Case No., if any:

12.           FIR contents (attaché separate sheet, if required)  :

 

IN THE COURT OF ADDITIONAL METROPOLITAN MAGISTATE, NEW DELHI. Crl. Comp. Case No.    /2009 in re, Narender Kumar S/o. Sh. Kesar Ram, R/o. Old Gee Point – 131, Kaliwadi Lane, Mandir Marg, New Delhi. Complainant Vs. 1. Lal Singh, 2.Kapil, 3.Sanjay, 4.Ajay all 1-4, R/o. Old Gee Point-130, Kaliwadi Lane, Mandir Marg, New Delhi. 5. Naresh C/o. Lal Singh R/o. Old Gee Point – 130, Kaliwari Lane, Mandir Marg, New Delhi, accused perosons U/s. 308, 341, 506, 34 IPC, PS. Mandir Marg. Complaint U/s. 156(3) Cr.P.C. for registration of FIR for the said offences committing by the above named accused persons on behalf of the complainant. Hon’be SIR, Most Respectfully Submitted as under:- 1. That the complainant is peace loving citizen of India and residing at Old G-Point-131, Kaliwadi Lane, Mandir Marg, New Delhi alongwith his other family members. 2. That the complainant is Govt. Employee and working as gardener (MAAlLI) in NDMC at Kidwai Nagar, New Delhi. 3. That the said accused persons no.1 to 4 are resident of same locality while the accused no.5 is relative of accused no.1. 4.That on 04.12.2009 at about 9.30 P.M. when the complainant was returning at his home after attending friend’s party and when the complainant got down from the bus and started to go to his house and when reached near toilet/ & SULABH SHAUCHALAYA above named accused persons were already standing there and after seeing the complainant, the said accused persons stopped the way of the complainant and accused no.1 threatened the complainant for withdrawing the case which was filed by the mother of the complainant against the accused no.1 and other persons, hearing it the complainant told that it is night time  and they should talk with his mother about the same as the complainant has no concerned about the same. 5. That the accused no.1 was having Iron rod, accused no.2 was having sharp-edged weapon like knife and other accused persons were having DANDAS in their hands. 6. That the accused no.1 having malafide intention and conspiracy among the accused persons, assaulted upon the head of the complainant with IRON ROD in order to kill the complainant, accused no.2 assaulted with said knife like weapon and others accused persons assaulted with there DANDAS upon the complainant and due to witch the complainant got serious head injuries, chin injuries and other body injuries and in this incident caused by the said accused persons, the clothes of the complainant became blood stained (KHUN MEIN LATH PATH) and the blood stained clothes are still lying with the complainant and all accused persons ran away from the spot thinking that the complainant has been died, the complainant became unconscious for about 10-15 minutes. 7. That when the complainant became conscious, he came at his home and called PCR at 100 number, PCR reached at the home of the complainant  and on the same day i.e. 04.12.2009 at about 11 PM took him to RML Hospital, when the complainant reached at hospital, the complainant found all the said accused persons along with one relative of accused no.1 who posed himself as POLICEWALA and complainant got surprised to seeing them at hospital prior reaching the complainant and they all threatened to the complainant that they will not got allow conduct proper medical of the complainant as the accused persons have close relation and contact with the police officials and resultantly proper MLC was not prepared and shown as simple blunt while the complainant has stiches on his vital parts i.e. head injuries as well as stitches on his chin and above left eyebrow even though due to influence of the accused persons and conspiracy with the known police personals of the accused persons. 8.That when complainant reached at PS. Mandir Marg, he got serious shock after seeing all accused persons who already were sitting in PS. Mandir Marg, New Delhi and they were talking with the police official and they misguided and influenced to the police and due to which the police official did not become ready to record his statement and only given false assurance that the police is taking action as per law. 9. That since the day of said incident the complainant has been going to the PS. Mandir Marg, New Delhi for getting legal action against the said accused persons but no action was taken by the police against them and the said accused persons and the police official also are threatening and pressurizing the complainant for not taking any action against the accused persons and they have also threatened that if the complainant will not act per their wish they will falsely implicate the complainant in a false and fabricated case and the complainant has come to know that police have registered a false criminal case against him for pressurizing the complainant. 10. That on 10.12.09 when the complainant went to the PS. Mandir Marg, New Delhi to get receive his written complaint against the said accused persons, the police officials neither received his written complaint nor got his further medical treatment as his condition was serious and having no alternate the complainant went to the said hospital for his medical treatment and got his medical treatment. 11. That on 10.12.09 having no other alternate sent written complaint through registered AD Post to the SHO, PS. Mandir Madrg, DCP, Parliament, New Delhi and the Commissioner of Police Delhi, PHQ IP ESTATE, New Delhi but no legal action has been taken against the said accused persons. 12. That the complainant has serious apprehension about his life as well lives of his other family members also and property from the above named accused persons as they are influential and notorious persons also of the locality. 13.That having no other alternate, the complainant has filed present complaint against the said accused persons, which is best upon true facts. 14. That this Hon’ble Court has got territorial jurisdiction to entertain, try, and decide the case as the same has been committed within the jurisdiction of this Hon’ble Court. Prayer:- It is, therefore, humbly prayed that keeping in view the aforesaid facts and circumstances of the case, the SHO of PS. Madir Marg, New Delhi may kindly be directed to register the FIR under the said appropriate sections against the accused persons. Or the accused persons may kindly be summoned, tried and punished as per law. Prayed accordingly Complainant Sd Hindi Narender Kumar, New Delhi Dated 12.12.09 through counsel DO to register as case U/s. 308/341/506/34 IPC and hand over investigation to ASI Rajender Singh Sd English SHO Mandir Marg 22.12.09 On the basis of complaint , the case was registered  U/s. 308/341/506/34 IPC.  The copy of the complaint was annexed with the computerized copy of the FIR will be sent for maintaitaining record as per Circular Order No. 25/C & T (AS-I) PHQ Dt. 14.12.05. The Second  computerized  copy along with original complaint was handed over to ASI Rajender Singh by Ct. Devender no.1079/ND on the instruction of the SHO Saheb for taking  necessary acton . The Case  copy through post is forwarded for consideration of concerned Magistrate Saheb and Senior Officer. HC/DO.

13.           Action Taken (Since the above information reveals commission      of  offence(s) U/s as mentioned at item No.2:

(i)              Registered the case and took up the investigation

(ii)           Directed (Name of the I.O.):  RAJENDER SINGH

No. 28790546                                        Rank: ASI

to take up the investigation,

OR

(iii)         Refused investigation due to:

(iv)          Transferred to P.S (name)                 OR

on point of jurisdiction.                             District:

FIR read over to the complainant / informant, admitted to be correctly recorded and an copy given to the complainant/ informant, free of cost:

R.O.A.C.:

14. Signature/ Thumb impression

of the Complainant/informant

Signature of  Officer

Name: RAMBIR SINGH

Rank:HC     No. 28823994

15.   Date and Time of dispatch to the court

 

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