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private complaint format (Criminal Law)

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This query is : Resolved


Author : R.SHAH

Posted On 08 December 2010 at 18:56

dear all,

how to file criminal private complaint before magstrate.

can anyone help me and passed it to me a format of complaint.

thanks




Expert : adv. rajeev ( rajoo )

Posted On 08 December 2010 at 19:39

You will have to file a private complaint u/s 200 of Cr.P.C r/w relevant sections of IPC( offenses).
The complaint must attract the sections of the offenses.
It is my advised to you first you draft a complaint and upload it so the learned members can edit it.
ONce you draft the petition you will never forget it, it will be in your memory life long.



Expert : raj kumar makkad

Posted On 08 December 2010 at 23:22

I agree with Rajoo.



Expert : Kirti Kar Tripathi

Posted On 09 December 2010 at 09:29

i also



Author : R.SHAH

Posted On 09 December 2010 at 12:28

COMPLIANANT
R/a, C/o, XXXXX
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX
XXXXXXXXXXXX

To,
The Senior Police Inspector
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXX

Compliants against below named Person u/s 379, 406 & 34 of I.P.C.

1) Smt. XXXXXXXXXXXX (EX-WIFE)
R/a, XXXXXXXX,
XXXXXXX. XXXXXXXXXXX

2) Smt. XXXXXXXXXXX (HER MOTHER)
Occu. House Wife, Age XX yrs.

3) Shri. XXXXXXXXXX (HER FATHER)
Occu. Retired, Age XXYrs
R/o, XXXX XXXXXX
XXXXXXXXXXXXXXX.
XXXXXXXXXXXXXX
XXXXXXXXX


Respected Sir,
I, abovenamed complainant Mr. XXXXXXXX, age XX yrs. Occu. Service, R/o. XXXXX XXXXXXXXXXXXXX XXXXXXXX XXXXX XXXXX, XXXXX - XXX Dist. XXXXX. Working in private company XXXXX XXXXXXXX , Mumbai. I hereby inform you as follows :-

The Flat no.XXX of XXXXX C.H.S. Ltd, Bldg.No.X, Xrd Floor, XXXX Nagar, Behind XXXX. office, XXXXX, is my name and I m the sole owner of the said Flat. The said flat is purchased before my marriage with smt. XXXXX d/o XXXX XXXXX XXXXX. The marriage between me and smt. XXXX d/o XXXXX XXXXXXX XXXXXXXX was solemnized on XXXXX, at Kurla, Mumbai as per muslim customs and rites.

The complainant has divorces as per Muslim rites and ritual to the smt XXXX d/o XXXX XXXXX XXXXX on XX/XX/2005 and she received the talaknama duly signed by me and shariat Authority / Witness on XX/XX/2005. Thereafter she lodged false fabricated criminal case under IPC 498a against me and my relatives, bearing FIR no. XXXX/05 registered on XX/XX/2005, the trial is pending before the leaned Judicial Magistrate of First Class at XXXX.
The Hon’ble civil court, at XXXX in civil suit of Restitution of Conjugal Rights bearing no. RCS-XXX/2007 has passed the interim injunction order on XX/XX/2008 on the said flat (matrimonial house). The order restrained me not to sold the said Flat and not to dispossess the smt. XXXX XXXX XXXX d/o XXXX XXXXX XXXXXX, as shelter on her head. The smt. XXXXX has locked the flat and left the suit premises since the interim injunction order passed by the Hon’ble Civil court in her favor, since then it’s kept in locked position for years. The belongings of mine is left inside the said flat and door keys of it are with her only. The smt. XXXXX is habitual of flungs me into false criminal cases / complaints, threats and due to this cruel acts of her, which compelled me to stay out of the premises. The said facts are brought by me before the Hon’ble Civil court, at XXXXXX in civil suit. It has to be noted that the Hon’ble Court order, is not that she should locked the flat and restrain me to enter and use the premises, the smt. XXXX indulged into mal practice. Inspite of that I kept mum due to her aggressive behavior and habit of complaining trifle things to Police or court.
On XX/11/10 at about XXXX am, smt. XXXXX and her mother XXXXX XXXXX XXXXX accompanied with three man, entered into my Flat i.e. Flat no.303, 3rd floor, XXXXX C.H.S. XXXX Nagar, XXXXX and take away all the belongings including mine i.e. Wooden Wadrobe (Double door, Big, Pinkish color, affixed on wall alongwith top cabinets on it’s top surface touching to the celling) by dismantling it, one Gas Stove (double burner, ordinary) with Gas cylinder (issued from HP Gas agency), Suit Case (Big,pinkish color), Curtains accessories(Brown color) Clothes, Books etc. with the help of three to four more persons who are the hired helpers / labors to get down the things from flat to load into the Mini Tempo. The Tata Mini Tempo (four wheelers) of red color bearing no. MH-XX-XX-XXXX, which depart from XXXX C.H.S. XXXXX Nagar, 10.30 am at about 02.30 pm towards panvel city. I would mention here that there is no settlement / compromise deals happened between us till date in anywhere, in any place at any time, that she can take away the belongings of the flat, She has taken the belongings without my consent and knoweledge or with the permission of the court, during my duty hours at office. The shri xxxx xxxxxxx xxxx(father of her) was found on same area at about 5.30 pm and left towards panvel. I have apprehension on this regards, that they would take my belongings and cause damages to my properties and try to harm me in any sense,
I went to xxxxxx Police Station on 20/11/10 to inform / lodge necessary complaints. But onduty Police officer has send me back by saying that, your matter is in Court you may seek direction from the court, we can’t do anything in this regards.

Smt. XXXX has also admitted in court ON 1X/11/10 that she got married on 2X/02/10 to her second Husband. The smt. XXXX new residence address was XXXX XXXX XXXXX, A-102,
Sector-X, New XXXXX (East), Dist. XXXXXX. My belongings are taken away without my consent and approval and also committed . The smt. XXXX and her parents / agents have no rights to take away my belongings without my consent from the said flat. The Hon’ble court has only given interim injunction order on said flat into her favor for shelter purpose, not to take away the belongings (articles or things) from the said flat of mine . The order did not restrained me from entering my aforesaid flat as it was case for restitution of conjugal rights. Smt. XXXXX and her parents / agents are not allowed and not entitled to take away any of my belongings out of the house to serve their ulterior motives.
Smt. XXXX XXXX XXXX, alias XXXXX XXXXXX XXXX, smt. XXXXX XXXXX XXXXXX , shri. XXXXX XXXXXX XXXXX are the responsible for taking away / stolen / thefts of my belongings as mentioned above without my consent which are movable articles of mine. For this kind of acts all above named accused persons have committed an grave criminal offence under Indian Penal Code to cause damages to the properties and theft of the abovenamed Complainant.
Hence, I request to the Police authorities to treat my this written as complaint and take appropriate steps and necessary actions against the abovenamed culprits person. In order to get back my belongings in good and safe condition in the hands of the accused persons at soonest. You may contact me on my given address / or call me on my cell no. XXXXXXXXX, whenever it’s required for investigation on this regards.

Note: what else belongings of mine is left or not inside the said flat is not known to me as of now.
I, XXXXXXX

Complainant.
Place: Date 27/11/10

NOTE: SHE HAD PLAYED FRAUD WITH APPLEATE DISTRICT COURT BY CONCEALING HER SECOND MARRIED AND OBTAIN FAVOURABLE ORDER IN 125 CASE. DURING PENDCY OF CASE SHE GOT REMARRIED.



Expert : s.subramanian

Posted On 10 December 2010 at 08:35

I agree.



Expert : Advocate. Arunagiri

Posted On 10 December 2010 at 21:41

Mr.Shah the query is about private complaint before the Magistrate. But aw per your draft you have addressed to the police.

Rewrite the same in the third person.

In the court of Hon'ble Metropolitan magistrate, ____ area.

R/a, C/o, XXXXX
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX
XXXXXXXXXXXX

Vs.

1) Smt. XXXXXXXXXXXX (EX-WIFE)
R/a, XXXXXXXX,
XXXXXXX. XXXXXXXXXXX

2) Smt. XXXXXXXXXXX (HER MOTHER)
Occu. House Wife, Age XX yrs.

3) Shri. XXXXXXXXXX (HER FATHER)
Occu. Retired, Age XXYrs
R/o, XXXX XXXXXX
XXXXXXXXXXXXXXX.
XXXXXXXXXXXXXX
XXXXXXXXX

Compliants against below named Person u/s 379, 406 & 34 of I.P.C.
....
....
Final Prayer ........

This is sufficient. For a more professional drafting pls contact your local advocate.



Author : R.SHAH

Posted On 11 December 2010 at 09:23

dear sirs,
i feel before approaching to the magistrate i should give written complaint to local police station and after they won;t do investogation then upon this complaint i would appraoced the magistrate, ie. why posted the same compliant for your advise as i would be forwarding same to magistarte.

also, sir, it's possible that i can ammed alter / modified any words/para from this complaint at time of submiiting private comlaint to magistrate. it would harm me in future trail of court.

Also, sir on last date of mine i have orally informed to civil court judge that she has shift/takeaway belongings from the said flat including mine, but judge has not given much attention on it. it's bcoz it was crimnial offence nad civil court of conjugal right suit won't entertain such complaint of criminal nature. It's necessary to bring into civil court judge notice about i have made written letter to police station regading theft of my belongings by the plaintiff of this case.

if i won't informed it will not harm to my private complaint to magistrate.

kindly advise me, your valuable advice/suggestion would be highly apreciate to update my knoweledge and to represent inperson in the matter.

thanks alot



Author : R.SHAH

Posted On 17 February 2011 at 15:45

dear experts,

i have filed complaint u/s 380,406 & 120 of ipc before magistrate as private complaint, and judge has passed order for report u/s 156(3) from police.

i hvae file two complaint one u/s 380,406,120 and second u/s 209,210 of ipc two separate case.

but police is not doing well in this regards, i have been call by police for statment after 3 visit statmn. recorded but not staisfactorily, and during investigation police has taken to a scrap shop were my things are sold and still it was lying in the shop. but police not recovered those articles from shop and now telling to me is that we will visit to accused person place and identified your belongings.

but till date it was not happend and after 1 week there is court date on this case.
what will be the report or police will asked some more time. ? they won;t arrest the accused person.? no neigbours are ready to say anything before police when they asked about theft. all has said they don't know any thing. i have witnesses of my family, n now scrap keeper.

i feel scared to visit to accused place alongwith police due to there voilent behaviours in this respect what caution should i take to protect myself if any incident took place from side of accsued.

in 209&210 case police has not yet recorded my statment.

kindly advise what next move of mine shpould be.


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