I request Sudhir Kumar Sir , to kindly go through the Draft of Police Complain, which i have drafted and correct me in the inputs accordingly .
Shri Baijnath S. Latpate,
PS: Nandgaon Peth
Ph: 0721 2384267
Sub: Application under section 154 CR.P.C. read with 156 (1) of CR.P.C for information relating to the Commission of a Cognizable Offence under section 441 & 427 I.P.C.
The aforementioned Complainant Mr. _________, S/o ___________, presently residing at ______, most respectfully Showeth and state as under:
I) That the Complainant had purchased a plot of 3160 sq. foots bearing Survey No 49/2 of Plot no 50, situated at Village Navsari, Taluka & District Amravati, on behalf of Tirupati Apartment from Shri Ramesh Bansilal Sharda , residing at Old Badnera Road, Ashish Colony , Taluka & District Amravati.
II) That there was a lawful consideration, between the Complainant / Buyer and the Seller for the abovementioned plot and both the parties entered into a valid contract. Further both the parties executed a Sale-Deed on Dated 18-04-2011, before the Joint Sub Registrar’s Class II, and the aforesaid Sale- Deed was duly registered in the office of Joint Sub Registrar’s Class II, subsequent to which the Title of the said plot was converted in the Complainant’s name. Exh. - 01 (Colly).
III) That the mutation entry was inserted by the Talati of the concerned village, from the name of the Seller of the plot, in the name of the Complainant / Buyer, in Village Form No 02 on dated 18-05-2011. Exh. - 02
IV) That the Complainant / Buyer and the Seller for the abovementioned plot executed the Sale-Deed which was duly signed by both the competent parties and was also signed by TWO witnesses i.e. Mr. Anil M. Sahu residing at Ratanganj, Amravati & Mr. Sanjay M. Deshmukh residing at Vidhutnagar , Amravati.
V) That both the abovementioned witnesses are the Property Dealers are the Agents of Seller of the Plot, who persuaded the Complainant /Buyer , for purchasing the aforesaid Plot.
VI) That by virtue of the aforesaid Sale-Deed executed on 18-04-20114, between the Complainant /Buyer and Seller, the Seller of the Plot has solemnly affirmed that the said Plot is free from all kind of encumbrances such as , Sale , Mortgage, Gift, Will, Line , Litigation , Disputes , Lease, Loan, Acquisition etc. It was also solemnly affirmed by the Seller of the Plot that any such disputes arising out of the said Plot shall be binding to him and the Seller of the said plot shall be solely responsible for the consequences arising therein.
VII) That the Complainant / Buyer of the said plot was suddenly informed by one of its family relative on Telephone, that the said plot illegally Encroached by one of the assailant on 02-04-2014. The said information was given to the Complainant / Buyer on 11-04-2014 around 1900 hrs.
VIII) That the Complainant / Buyer of the said plot was outraged and shocked to gather the information , related to his Plot which was so capriciously been fenced with cement poles and wires by some Land grabber within the vicinity of the plot.
IX) That on receiving the information of such an illegal encroachment, on investigating the matter it was derived that Mr. _______________________________________________, residing at __________________________________________, has done the illegal encroachment.
In view of the above facts and circumstances it is most respectfully prayed that
1) Immediate cognizance to be taken against the Illegal encroacher of the said plot under section 341, 447, and 506 of The Indian Penal Code.
2) Summon the TWO witnesses of the Plot and they be charged for the offence committed under section 418 of The Indian Penal Code.
3) Summon the Seller of the plot and they be charged for the offence committed under section 420 of The Indian Penal Code.
4) Summon to all involved and interested person in the dealing of the said plot and they be charged within the allied provisions of Fraudulent, Dishonesty and Cheating, as may deem fit and proper to you.
Date: _____________________ Signature of Complainant / Buyer
Copy Forwarded To:
1) O/o Deputy Commissioner of Police Amravati Shri Sanjay Latkar - Amravati
2) O/o Superintendent of Police Dr. Suresh Kumar – Amravati