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Protest Petition Criminal Procedure Code India Delhi, Study Guides, Projects, Research of Criminal procedure

University of DelhiCriminal procedure

Protest Petition Criminal Procedure Code India Delhi

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IN THE COURT OF SHRI SONU AGNIHOTRI,CMM,
KAKKARDOOMA COURT, DELHI
PROTEST PETITION/ NO. _______ OF YEAR 2014
SANJAY ....COMPLAINANT
VS.
SHO OF P.S. KALYANPURI &
IO SHIV MURTI YADAV ....RESPONDENTS
IN THE MATTER OF:- FIR NO.105/15
U/S 306
P.S. KALYANPURI
PROTEST PETITION AGAINST THE FIR NO.105/15 U/S 306,PS.
KALYANPURI
Respectfully showeth :-
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IN THE COURT OF SHRI SONU AGNIHOTRI,CMM,

KAKKARDOOMA COURT, DELHI

PROTEST PETITION/ NO. _______ OF YEAR 2014

SANJAY ....COMPLAINANT

VS.

SHO OF P.S. KALYANPURI &

IO SHIV MURTI YADAV ....RESPONDENTS

IN THE MATTER OF:- FIR NO.105/

U/S 306

P.S. KALYANPURI

PROTEST PETITION AGAINST THE FIR NO.105/15 U/S 306,PS.

KALYANPURI

Respectfully showeth :-

  1. That the Complainant is Sanjay S/o of Late Tejvir resident of RZ-1414,Road No.26, Tughlagabad Extension, New Delhi-
  2. That the Complainant sister named Usha had been living with her husband Mahesh and with two girl children at the Matrimonial home at 5/311 Trilok puri,along with the Father in-laws, mother in-laws and brother in-laws and sister in-laws
  3. That it is alleged that there had been always taunting and harrassment on dowry demand and on the issue of gave birth to two girl children by husband and in-laws of deceased. Being the only sister the Complainant's family succumbed to their small small demands and tried to settle the issue only to save the marriage of their only sister.But when they raised the demand to car they didnot able to fullfill such unjust demands.
  4. That the Complainant's sister found hanged on 18-07-2014 at her matrimonial house at 5/311 Trilok puri,after seven years and 6 days of marriage.When the relatives of Complainant reached there they found the deceased Usha's body on hanging position. That there were big public was gathered and police was also present there in big number. But the family members ,especially husband and her in-laws were not present there. This matter of unnature death in a suspecious circumstance is reported by various News paper too.

23/8/2014. Till date he has not received any reply from the part of police official.

  1. That the Complaint also filed a RTI for seeking information from police officials in this regards and the Complainant even approched the Public Grievence commission as well as NHRC in futile.
  2. That finally the Complainant sought the court intervention by filing a complainant U/S 156(3) in the Court Of Shri. Sonu Agnihotri CMM, Kakkardooma Court on 15/09/2014.That the Ld. Court had given considerate time to file ATR and to obtain FSL report. That on 24/01/2015 in the view of FSL report and the photographs of crime scene on record Ld. Court ordered for Filing FIR with the consultant opinion of Ld Public Prosecutor who suggested that it is matter of serious offence not a suicide.
  3. That on 02/02/2015 That the Investigating Officer ASI Shiv Moorthi Yadv filed FIR which bearing the No.105/15 U/S 306 IPC.
  4. That the present FIR is total misscarriage of justice, and it is aggreived the Complainant and lost the hope in the investigation and the in the agencies implementing Justices. Since this Protest Petition

GROUNDS

  1. Because the police officials have not acted fairly, though the complaint was reported on the same day, the day of the death f the deceased Usha, ie,on18/07/2014,by the mother and subsequently on same day statement of mother and brother of deceased recorded by SDM R.K Pandey,which revealed the cognisible offence but the Police officials refuse to file the FIR on this first information.
  2. Because the copy of above said statement of the Mother and Brother of Complainant has received by the Complainant after the laps of one month and perusal of the same revealed that most of the information pertaining to the dowry harassment and cruelity by the husband and other in-laws of deceased supplied by the the Complaints were missing.But the SDM refuse to listen the Complainant further.
  3. Because the police officials deliberatly and intentionly not file the FIR and without carring out the investigation harrassed the Complainant by telling them that the deceased had committed suicide.

by IO with respect to the alleged incident and even after clear allegation about the husband and in-laws.

  1. Because on the same complaint the IO was not convinced to register FIR on the ground that the complaint dated 18/07/14 has not revealing any cognizable offence,however IO has registered FIR subsequently on 2/2/15 by the Ld.Court Orde on the same complaint and not on the subsequent complaint registered U/S 156(3) which has been revealed the cognisible offence against the in-laws and all the material evidence including Crime scene photographs, News pappers report on the incident were also placed before the Magistrate, but IO turned down all the effort was made by the complainant to register the FIR without the any
  2. Because even after the death happened within 7 years and 6 days of marriage police didnot deliberatly register the FIR U/S 304B though there was serious allegation of Dowry Harrassment, Police officials seemed to be more techinial and mechanic in their approch rather sensitive to the social issue. Only because 6days more crossed from the technical presumption of within '7 years of marriage' for taking cognizence on U/S 304B IPC in the case unnatural Death of a women and took a stand which was against the finding of this Hon'ble Court and not even registered the case U/S 302/34 IPC but registered U/S 306 IPC in order to help the accused persons.
  1. Because the police officials acted very capricely to let go all the evidence against the accused persons by deliberatly delaying tactics and because the police officials acted hand in-glove with the accused persons.

Prayer:

  1. It is, therefore,humbly requisted that, in the interest of justice, equity, and fair play of the case the protest petition may kindly be accepted, take appropriate and legal cognizance against the accused persons by exercising the judicial powers vested with the Hon’ble Court under relevant provisions of the Indian Penal Code.
  2. It also humbly request issue directions to amend the FIR on the basis of Complaint U/S 156(3) Cr.P.C and register the case U/S 304B/34 or U/S 302/34.
  3. It is also humbly requisted to supervise entire investigation and to give directions to police officials to file charge sheet without much delay.

Dated: Place:

Complainant

Through Counsel:Adv.Jasmy.M.J & Aanam Khan

576, Masjid Road,Bhogal,

I,SANJAY, S/O LATE TEJVIR, R/O,RZ-1414, ROAD NO-26,TUGHLAGABAD EXT.

NEW DELHI-19, DO HEREBY SOLEMNLY AFFIRM AS UNDER:-

  1. That I am the petitioner in the above said protest petition which has been filed by me and well conversant with the facts and circumstance of the case.
  2. That the contents of the complaint has been read and explained to mein my vernacular language ie hindi and I was understood the contents thereof.
  3. That I further state that the contents thereof are true and correct to the best of my knowledge and belief

DEPONENT

VERIFICATION

Verified at New Delhi on this day of day of February, 2015 that the contents of the above affidavit are true and correct to best of my knowledge

DEPONENT