TO: DISTRICT MAGISTRATE AND SDM
EAST DELHI, COMMISSIONER
AND IT’S ADMINISTRATIVE OFFICERS, NCT DELHI
Aparana Kansal And KK Agarwal Advocate, WA-24B, First Floor, Near Modern Happy School, Delhi, Mb:- 09910362303, 09319365499.
SHO/S.I’s Police Station Shakarpur, Delhi
Art 350 of THE CONSTITUTION OF INDIA.
Sec 150 Cr.P.C
Complaint against SHO and other police officers Shakarpur P.S
Committed wrongdoing on his behalf and supervision daily.
PUBLIC SERVANTS INQURIES ACT 1850
S. 7, 10, 11, 12 13, OF - THE PREVENTION OF CORRUPTION ACT 1988.
S.34, 109, 119, 120B, 166, 167, 177, 182, 193, 196, 199, 203, 211,213, 217, 218, 219, 500, 506, 511 - Indian Penal Code 1860.
1. That I KK Agarwal Advocate a practicing lawyer of Delhi and U.P state region himself noticed and observed that current SHO Hari Singh of the Police Station Shakarpur, Delhi has working against the Indian Laws and misuse of his powers and assigned work honest position against the complainants who unfortunately may bring any crime report addresses to his police Station at Shakarpur in Delhi. That several times I compliant of the same continuing offences matter to him personally and by my mosiji Aparna but none preventive action was taken by him as he uses the Shakarpur police station as a business Sales shop where he sold his police unit support to whom he gets the illicit consideration from the complainant side or the opposite guilty party side. That he told me that he is a DU university student of law and know laws but I judged him that he forget laws and voice of legislation and misuse Indian laws provision against those who truly report the commission of offences to him on a written official compliant for his undue enrichment purpose. That any time when any crime was reported by the complainant he started off his business deal tactics and appoint any IO first and then that IO on his behalf secretly persuade & judge parties from both parties to extract money for this compliant resolution in their favor and then any party who gives the money wins the race and get the support of SHO police unit and the other party was forcefully suppressed by him by registering a wrong and false report against her/him like here he did to us. That in the Cr.P.C nothing is mentioned a Cross- Case but here your SHO and other police officers give full legal guidance and support to the culprit and guilty party, write premeditated Sec 161 Crpc statements in favor of paid party, so that the guilty party may compromise the matter in future before any court with the real aggrieved complainant who addresses his complaint in police station for preventing of crime against him/her.
2. That now an incident was happened on dated 12-July-2015 due to six to eight illicit tenants without police verification and no valid register agreement in between “owner and tenant” with a person name Samay Singh and his Son Umesh Singh and his wife Nirmala have been giving so long to that miscreant people who are violent nature, bad demeanor behavior attitude, alcoholic, naughty and wrongdoing type of people and they bring so many other strangers friends till midnight on Flat so that we may get day to tension from them and may not leave peacefully at my owned FLAT which we purchased on October 2012. That this is the Residential building in family area people having four Flats/Floors and were used for the sincere family class type of people and not a Hotel or PG to let & sublet the building floors for business or trade purpose for minting the money and make the other Flat co-owners life a living hell day to day for just some monthly money if the money is much more important than Samay Singh may directly sell his fourth floor Flat to any family who wants to live permanently at the fourth floor.
Now kindly bring attention to the provision of enacted law:-
Delhi Rent Control Act.
4. Registration of tenancy agreements.
(1) Notwithstanding anything contained in section 107 of the Transfer of Property Act, 1882 , (4 of 1882.) no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing.
(2) Every agreement referred to in sub- section (1) or required to be registered under sub- section (3) shall be registered under the Registration Act, 1908 , within such period as may be prescribed and for this purpose the agreement shall be deemed to be a document for which registration is compulsory under section 17 of the said Act.
(3) Where, in relation to a tenancy created before the commencement of this Act,-
(a) an agreement in writing was entered into and was not registered under the Registration Act, 1908 the landlord and the tenant shall jointly present a copy thereof for registration before the registering officer under the said Act;
(b) no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy and present the same for registration before the registering officer under the said Act: Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b) such landlord and the tenant shall separately file the particulars about such tenancy with the prescribed authority in such form and in, such manner and within such period as may be prescribed.
Sec 74. Penalties.
(3) If any tenant sub- lets, assigns or otherwise parts with the possession of the whole or part of any premises in contravention of the provisions of clause (b) of sub- section (2) of section 22, he shall be punishable with fine which may extend to five thousand rupees, or double the rent received by the tenant for sub- letting for every month till such time the cause of complaint ceases, whichever is more or with imprisonment for a term of one month.
Sec 28. Restrictions on subletting.
(2) No premises which have been sub- let either in whole or in part on or after the 9th day of June, 1952 , without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sub- let.
(3) After the commencement of this Act, no tenant shall, without the previous consent in writing of the landlord,-
(a) sub- let the whole or any part of the premises held by him as a tenant; or
(b) transfer or assign his rights in the tenancy or in any part thereof.
3. That now the root of the problem is that the two boys take the Samay Singh fourth Floor on rent without verification and written agreement in just one month rent then after some days these two, bring two others boys and shared their rent in now 1/4th on monthly basis then after some days they again bring four boys and now eight persons shared in now 1/8th on monthly basis just get crowded living in two bedroom Flat and due to that heavy noises and day to day ups and downs as jogging style moving up and down, Daily listening music of their own style , using bear and wine bottle daily and use filthy vulgar for their talks and addresses to each other makes my life miserable for living peacefully at my first floor Flat. That every boy have their girlfriend and they also come and started off on fourth floor for meeting long hours day to day basis which makes our society a dirty impact and also ashamed us that we are living with them in brothel building surrounded by filthy boys and daily girls.
4. That due to this daily problem we want to sell our First Floor Flat but the Samay Singh and his family members report falsely to the property dealers that no Flat is for Sale here and may misguide about us so that no one can buy our Flat from us. That for this the Samay Singh and His family members provoked local neighbors so that a fight environment was occurred on week after week basis and due to that we cannot stay here permanently here and live peacefully here and after that Samay Singh may forcefully grab our Flat by their own family members use. Several written complaint were made for various incidents on various dates to various higher authorities but none permanent resolution were we get from the Delhi State Side.
5. Now when we call to police by dialing 100 an one patrol unit police officer may come he addresses all the parties to go to the Sahakarpur Police station with their complaints when we go there then the duty police officer not lodged any complaint instantly and not take needful action because they first addresses all matter to the SHO who said to bring all the parties after 6:00 PM then he ask local unfaithful and greedy Shakarpur police officers who report the crime in different direction and report falsely so that they may get heavy consideration from Samay Singh and his family relatives for giving his fourth floor to any number of persons and no one can take any action against them as they will provide full support to Samay Singh and his family members in vicious desire of monthly payment and that why the giving floors on rent to any type of boys are become a dirty business in Shakarpur locality and we are getting victimized of this environment make by the local police officers with the nexus of the Flat owners who wants to give their floors on rent and after that all the other Flat real owners of up and down floors may go to hell what are happening to them daily. That now these type of continuing offences has been going on since last two years but none resolution was provided by the Delhi Police or NCT of Delhi.
6. That as the SHO is here on true official complaint of incident 12-July-2015 made by Aparna a complainant lady, booked a false cross case against her and leave the necessary guilty parties such as wife Nirmala and Six to eight persons on rent on record, who all take part in commission of offences with her alone on that day at her Flat place of incident now it is the clear case of abuse the process of law and misuse of his police powers and defined above sections in IPC and Prevention of Corruption Act against a lonely lady and deprived her rights to live with dignity and peacefully at her Flat and make a criminal intimidation report against her so that in future she never report any crime to SHO Shakarpur so that the illegal business of same type of Fourth Floor giving on rent has been going till years to years and the SHO and his police officers may extract a percentage amount from the Samay Singh and his family members permanently for undue enrichment. That the Video recording of the SHO Police station and the voice of the incident of 12-July-2015 are with us for the veracity of the matter here carried with us and will present to you on demand. Other previous complaint of the same matter are attached here for the veracity of the same matter addresses to the SHO again and again for its resolution.
7. That kindly send one signature department copy of this complaint to the Special Executive Magistrate on top floor of the Krishna-Nagar, Police station where the date 17-Aug-2015 was fixed for presenting both the parties for the cross case made against us for pressuring us to get compromise with the culprit.
Now on these dreadful circumstances we pray to that kindly take legal action against SHO Hari Singh and other police officers such as Rajesh Head constable etc and other police officers who on behalf of SHO Shakarpur daily booking cross-cases simultaneously against real complainants like he did to us and suspend or remove him from the position of SHO, Shakarpur so that other people like us and we not get victimized against his dirty mind and dirty behavior and dirty actions applying against the complainants in the color of his chair and abusing the state powers for their personal undue enrichment.
Mr Kk Agarwal and Aparana Goel (First-Floor),
Mb:- 09319365499, 09910362303
Living Address:- WA-24B, First Floor, Near Ani Kumar Gupta Pani Wala,
Gali No.15 – Gurdwara Road, Shakarpur Khas,
Time :- 1.00 AM