private complaint format
R.SHAH
(Querist) 08 December 2010
This query is : Resolved
dear all,
how to file criminal private complaint before magstrate.
can anyone help me and passed it to me a format of complaint.
thanks
adv. rajeev ( rajoo )
(Expert) 08 December 2010
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.
R.SHAH
(Querist) 09 December 2010
COMPLIANANT
R/a, C/o, -----
---------------
------------------
------------------
------------
To,
The Senior Police Inspector
----------------
-------------------
------------
Compliants against below named Person u/s 379, 406 & 34 of I.P.C.
1) Smt. ------------ (E--WIFE)
R/a, --------,
-------. -----------
2) Smt. ----------- (HER MOTHER)
Occu. House Wife, Age -- yrs.
3) Shri. ---------- (HER FATHER)
Occu. Retired, Age --Yrs
R/o, ---- ------
---------------.
--------------
---------
Respected Sir,
I, abovenamed complainant Mr. --------, age -- yrs. Occu. Service, R/o. -----
-------------- -------- ----- -----, ----- - --- Dist. -----. Working in private
company ----- -------- , Mumbai. I hereby inform you as follows :-
The Flat no.--- of ----- C.H.S. Ltd, Bldg.No.-, -rd Floor, ---- Nagar, Behind
----. office, -----, is my name and I m the sole owner of the said Flat. The
said flat is purchased before my marriage with smt. ----- d/o ---- ----- -----.
The marriage between me and smt. ---- d/o ----- ------- -------- was solemnized
on -----, at Kurla, Mumbai as per muslim customs and rites.
The complainant has divorces as per Muslim rites and ritual to the smt ---- d/o
---- ----- ----- on --/--/2005 and she received the talaknama duly signed by me
and shariat Authority / Witness on --/--/2005. Thereafter she lodged false
fabricated criminal case under IPC 498a against me and my relatives, bearing FIR
no. ----/05 registered on --/--/2005, the trial is pending before the leaned
Judicial Magistrate of First Class at ----.
The Hon’ble civil court, at ---- in civil suit of Restitution of Conjugal Rights
bearing no. RCS----/2007 has passed the interim injunction order on --/--/2008
on the said flat (matrimonial house). The order restrained me not to sold the
said Flat and not to dispossess the smt. ---- ---- ---- d/o ---- ----- ------,
as shelter on her head. The smt. ----- 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. ----- 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
------ 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. ---- 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 --/11/10 at about ---- am, smt. ----- and her mother ----- ----- -----
accompanied with three man, entered into my Flat i.e. Flat no.303, 3rd floor,
----- C.H.S. ---- Nagar, ----- and take away all the belongings including mine
i.e. Wooden Wadrobe (Double door, Big, Pinkish color, affi-ed 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-----------, which depart from ---- C.H.S. ----- 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 ---- ------- ----(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 ------ 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. ---- has also admitted in court ON 1-/11/10 that she got married on
2-/02/10 to her second Husband. The smt. ---- new residence address was ----
---- -----, A-102,
Sector--, New ----- (East), Dist. ------. My belongings are taken away without
my consent and approval and also committed . The smt. ---- 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. ----- 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. ---- ---- ----, alias ----- ------ ----, smt. ----- ----- ------ , shri.
----- ------ ----- 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. ---------, 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, -------
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.
Advocate. Arunagiri
(Expert) 10 December 2010
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, -----
---------------
------------------
------------------
------------
Vs.
1) Smt. ------------ (E--WIFE)
R/a, --------,
-------. -----------
2) Smt. ----------- (HER MOTHER)
Occu. House Wife, Age -- yrs.
3) Shri. ---------- (HER FATHER)
Occu. Retired, Age --Yrs
R/o, ---- ------
---------------.
--------------
---------
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.
R.SHAH
(Querist) 11 December 2010
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
R.SHAH
(Querist) 17 February 2011
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.
