IN THE COURT OF MS.
ANKITA LAL, NEW DELHI DISTRICT,
PATIALA HOUSE COURT COMPLEX, NEW DELHI.
APPLICATION NO. OF 2019
IN THE MATTER OF:
YUHANA MANZOOR …APPLICANT/COMPLAINANT
VERSUS
ANIL KUMAR AND ORS. … ACCUSED/RESPONDENTS
P.S-CHANAKYAPURI
FIR NO 088/2019
U/s 323, 341, 356, 379 and 34 IPC.
INDEX
S.NO. PARTICULARS PAGES
1. APPLICATION UNDER SECTION 156 (3) OF THE
CR.P.C. SEEKING DIRECTIONS FOR PROPER
AND COURT MONITORED INVESTIGATION AND
ADDITION OF CERTAIN NEW
CHARGES/OFFENCES IN THE FIR WHICH
WERE COMMITTED BY THE ACCUSED
PERSONS AGAINST THE
APPLIANT/COMPLAINANT ALONG WITH
AFFIDAVIT IN SUPPORT.
2. ANNEXURE – C-1
COPY OF THE FIR BEARING NO 088/2019
DATED 12.08.2019 LODGED AT PS
CHANAKYAPURI.
5. VAKALATNAMA
FILED BY
ADVOCATE FOR APPLICANT/COMPLAINANT
C–66, SECOND FLOOR,
NIZAMUDDIN EAST,
NEW DELHI–110013
PH. NO.
EMAIL:
DATED: 26.09.2019
IN THE COURT OF MS. ANKITA LAL, NEW DELHI DISTRICT,
PATIALA HOUSE COURT COMPLEX, NEW DELHI.
APPLICATION NO. OF 2018
IN THE MATTER OF:
YUHANA MANZOOR
D/O MR. MANOOR BHAT
R/O HOUSE NO SHUHUL 09
RAJBAGH, SRINAGAR ,
JAMMU AND KASHMIR … APPLICANT/COMPLAINANT
VERSUS
1. ANIL KUMAR
S/O VINCENT PETER
R/O ST MICHEAL CHURCH,
PRASAD NAGAR, NEW DELHI
2. JACINTA VINCENT
W/O ANIL KUMAR
R/O ST MICHEAL CHURCH,
PRASAD NAGAR, NEW DELHI
3. JENNY VINCENT
D/O VINCENT PETER
R/O ST MICHEAL CHURCH,
PRASAD NAGAR, NEW DELHI
4. APARAJITA
D/O BHOLA SINGH
R/O DHANBAD, JHARKHAND … ACCUSED/RESPONDENTS
P.S-CHANAKYAPURI
FIR NO 088/2019
U/s 323, 341, 356, 379 and 34 IPC.
APPLICATION UNDER SECTION 156 (3) OF THE
CR.P.C. SEEKING DIRECTIONS FOR PROPER AND
COURT MONITORED INVESTIGATION AND
ADDITION OF CERTAIN NEW CHARGES/OFFENCES
IN THE FIR WHICH WERE COMMITTED BY THE
ACCUSED PERSONS AGAINST THE
APPLIANT/COMPLAINANT ALONG WITH AFFIDAVIT
IN SUPPORT.
MOST RESPECTFULLY SHOWETH:
1. That the Applicant is a law abiding and peace loving citizen of
this country who happens to be a makeup artist by
profession.
2. That the applicant is a renowned personality in her field and
has brought many laurels and accolades to her name, both
nationally as well as internationally.
3. That it is submitted that on 12.08.2019, an FIR bearing
number 088/2019 u/s 323, 341, 356, 39 and 34 IPC was
lodged at PS Chanakyapuri against the above-mentioned
accused persons at the instance of the
Complainant/Victim/Applicant.
4. That it is prima facie evident from the contents of the FIR that
the Complainant/Victim/Applicant has been subjected to
many other grave offences, which have been made out,
however, the Police/Investigating Agency has failed to do its
duty in a fair and unbiased manner by not booking the
accused persons under relevant sections of law.
5. That it is pertinent here to note that the
Complainant/Victim/Applicant was subjected to so much of
physical as well as mental harassment and trauma and that
the Police has tried its level best to water down the case, so
that the Accused go scot free.
6. That a bare reading of the FIR clearly indicates that various
heinous offences punishable have been committed by the
accused persons, however, the accused persons have not
been booked under relevant sections of IPC.
7. That the entire conspiracy to water down the case of the
Complainant/Victim/Applicant has been in connivance with
the Police as well as the accused persons.
8. That a bare perusal of the RUKKA clearly indicates that
various heinous offences such as offences punishable under
sections 354, 392, 397, 506 IPC have been committed by the
Accused persons, however, the same has not been registered
by the Police.
9. That the Complainant/Victim/Applicant, by the way of this
application wants to convey to this Hon'ble Court that the
Complainant/Victim/Applicant is constantly receiving death
threats to settle the matter with the accused persons, as the
main accused namely Anil Kumar happens to be a very
powerful man who is very well politically connected and that
the said accused may go to an extent of killing the
Complainant/Victim/Applicant if she does not settle the
matter.
10. That it is pertinent here to note, that on ......, the main
Accused, Anil Kumar, through his legal counsel, Mr Kapil
Chandana has returned back Rs 50,000/- which was looted
by the Accused persons and an unsealed new IPhone 8+
mobile phone to the Complainant/Victim/Applicant.
From......, the Accused person(s) are after the life of
Complainant/Victim/Applicant to settle the matter and sign
the MoU, so that the FIR can be quashed.
11. That the present Application is being filed by the Applicant
being aggrieved of the inaction on part of the concerned police
officials who have failed to register an FIR under relevant
provisions of law despite repeated oral complaints filed the
Applicant disclosing commission of various heinous offences,
by the Accused, which have not been added in the FIR, till
date. The Applicant is therefore, constrained to move the
present Application seeking directions from this Hon’ble
Court for proper time bound investigation and registration of
F.I.R. under relevant provisions of law against the Accused
persons
12. It is submitted thatin ‘Sakiri Vasu v. State of UP and Ors.’
[(2008) 2 SCC 409], the Hon'ble Supreme Court of India has
held that:
"Section 156(3) Cr.P.C. is wide enough to include all such
powers in a Magistrate which are necessary for ensuring a
proper investigation, and it includes the power to order
registration of an F.I.R. and of ordering a proper investigation if
the Magistrate is satisfied that a proper investigation has not
been done, or is not being done by the police. Section 156(3)
Cr.P.C, though briefly worded, in our opinion, is very wide and
it will include all such incidental powers as are necessary for
ensuring a proper investigation".
13. That it is submitted that since no action whatsoever has been
taken by the police officials against the Accused persons till
date with regard to the aforesaid complaints filed by the
Applicant, the Applicant is therefore, approaching this
Hon’ble Court seeking strict action against the culprits who
are named in his Complaint as per law. It is pertinent here to
note that this Hon'ble Court has granted interim protection to
only one accused, namely, Anil Kumar and the other accused
persons are still roaming around scot free. Hence, the
present Application.
14. That the Applicant craves kind leave of this Hon’ble Court to
add, alter, amend or delete the contents of the present
Application and rely on any additional grounds as may be
available to him at the time of hearing before this Hon’ble
Court.
15. That since the aforesaid offences have been committed within
the jurisdiction of this Hon’ble Court, therefore, this Hon’ble
Court has the territorial jurisdiction to hear and decide the
present Application.
16. That the Applicant has not filed similar Application or any
other Application seeking same relief(s) before this Hon’ble
Court or any other court in India.
17. That the present Application has been moved bonafide and in
the interest of justice.
PRAYER
In light of the aforementioned facts and circumstances, it is
therefore, respectfully prayed that this Hon’ble Court may
kindly be pleased:
a) to issue directions to the S.H.O. P.S.
Chanakyapuri, New Delhi/concerned police
officer/s to add other charges/ offences against
the Accused/Respondents u/s 354, 392, 397 and
506 IPC and carry out the investigation in a free
and fair manner and submit the final report in
this regard; and/or
b) topass any other and further order(s) as this
Hon’ble Court deems fit and proper in the facts
and circumstances of the present case in favour of
Applicant/Complainant and in the interest of
justice.
APPLICANT/COMPLAINANT
THROUGH
ADVOCATE FOR APPLICANT/COMPLAINANT
C–66, SECOND FLOOR,
NIZAMUDDIN EAST,
NEW DELHI–110013
PH. NO. EMAIL:
PLACE: NEW DELHI
DATED: 26.09.201
IN THE COURT OF MS. ANKITA LAL, NEW DELHI DISTRICT,
PATIALA HOUSE COURT COMPLEX, NEW DELHI.
APPLICATION NO. OF 2018
IN THE MATTER OF:
YUHANA MANZOOR … APPLICANT/COMPLAINANT
VERSUS
ANIL KUMAR AND ORS. … ACCUSED/RESPONDENTS
AFFIDAVIT
I, Yuhana Manzoor D/o Mr. Manzoor Bhat, aged 24 years R/o
House No Shuhul 09, Rajbagh, Srinagar, Jammu and
Kashmir, presently at New Delhi, do hereby solemnly affirm
and declare as under:-
1. That I am Applicant/Complainant in the present case and
being well conversant with the facts and circumstances of the
present case, I am competent to swear this affidavit.
2. That the accompanying Application under Section 156 (3)
Cr.P.C. has been drafted by my counsel on my instructions
and I have read and understood the contents of the same and
I state that they are true and correct to the best of my
knowledge and belief.
3. That the contents of the accompanying Application may
kindly be read as part and parcel of this affidavit also as the
same are not being repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at New Delhi on this 19th day of September 2019
that the contents of my above affidavit are true and correct to
the best of my knowledge and belief and nothing material has
been concealed therefrom.
DEPONENT
