IN THE COURT OF SHRI MOHAN AGNIHOTRI, CMM,

KAKKARDOOMA COURT, DELHI

PROTEST PETITION/ NO. 456 OF YEAR 2019

In Re:

Sanjay Kumar ……..Complainant

S/O Pawan Kumar
R.O RZ-1414,Road No.26,
Tughlagabad Extension, New Delhi-19

VS.

SHO OF P.S. KalyanPuri &

IO Shiv Murti Yadav ……Respondents

IN THE MATTER OF:-

FIR NO.105/15 U/S 306
P.S. KALYANPURI

PROTEST APPLICATION ON BEHALF OF THE COMPLAINANT AGAINST THE

CLOSURE REPORT SUBMITTED BY THE POLICE

Respectfully showeth :-

1. That the Complainant is Sanjay S/o of Pawan Kumar resident of RZ-1414,Road No.26,
Tughlagabad Extension, New Delhi-19

2. That the Complainant sister named Usha had been living with her husband Mahesh and with two
girl children at the Matrimonial home at 5/311 Trilok puri, along with the Father in-laws, mother in-
laws and brother in-laws and sister in-laws.

3. That it is alleged that there had been always taunting and harassment on dowry demand and on
the issue of gave birth to two girl children by husband and in-laws of deceased. Being the only
sister the Complainant's family succumbed to their small small demands and tried to settle the issue
only to save the marriage of their only sister.But when they raised the demand to car they didn't able
to fullfil such unjust demands.

4. That the Complainant's sister found hanged on 18-07-2018 at her matrimonial house at 5/311
Trilok puri, after seven years and 6 days of marriage.When the relatives of Complainant reached
there they found the deceased Usha's body on hanging position. That there were big public was
gathered and police was also present there in big number. But the family members ,especially
husband and her in-laws were not present there. This matter of unnatural death in a suspicious
circumstance is reported by various News paper too.

5. That when the Complainant and his relatives saw their sister in hanging position, seeing the body
they understood that accused persons killed their sister and hanged her on 18-07-2018. There were
nails marks on her chin and there was bluish and red marks on her right upper cheek just down to
the eye ball, there was other injury marks on her both foot .

6. That Complainant took picture from their mobile camera at that time and they have proof. That
the feet of deceased person-Usha- were on the floor, her knees were on bent mode, her eyes were
close as well as her mouth. It looked like she was sleeping. This proves that she was killed and then
hanged because people who are hanged, their feet don't touch the ground or knees are not bent.

7. That the Complainant mother Kashi and brother of deceased Usha named Raju also gave their
complaint statement to the SDM on the same day of incident. But all their allegation has not come
in the statement and the statement was not read over to them before obtaining their sign. The copy
of said Complaint was received by the complainant only after one month of the said recording of
the Complaint. That the Complainant tried to lodge an FIR at the Kalyanpuri Police station,
however the police did not accept the request to file FIR and has not even started an investigation.

8. That the Complainant made repeated oral submission to SHO without any avail.Then the
Complainant have sent number of complaint letter to Kalyan puri police station SHO, the DCP of
north West Delhi via e-mail, Registered post, on 23/8/2018 . Till date he has not received any reply
from the part of police official.

9. That the Complaint also filed a RTI for seeking information from police officials in this regards
and the Complainant even approached the Public Grievance commission as well as NHRC in futile.

10. That finally the Complainant sought the court intervention by filing a complainant U/S 156(3) in
the Court Of Shri. Sonu Agnihotri CMM, Kakkardooma Court on 15/09/2018.That the Ld. Court
had given considerate time to file ATR and to obtain FSL report. That on 24/01/2019 in the view of
FSL report and the photographs of crime scene on record Ld. Court ordered for Filing FIR with the
consultant opinion of Ld Public Prosecutor who suggested that it is matter of serious offence not a
suicide.

11. That on 02/02/2019 , the Investigating Officer ASI Shiv Moorthi Yadav filed FIR which bearing
the No.105/15 U/S 306 IPC.

12. That the present FIR is total miscarriage of justice, and it is aggrieved that the Complainant has
lost the hope in the investigation and in the agencies implementing Justice and police officials have
not acted fairly.

13. That the conduct of IO was so lethargic to investigate the matter fairly and the action taken
report filed by IO was merely an eye wash to escape from the wrath of the Hon'ble Court and was
highly prejudiced one.

14. That the police officials let go all the evidence against the accused persons by deliberately
delaying tactics and because the police officials acted hand in-glove with the accused persons.

Prayer:

1. It is, therefore, humbly requested that, in the interest of justice, equity, and fair play of the case
the protest petition may kindly be accepted, take appropriate and legal cognizance against the
 accused persons by exercising the judicial powers vested with the Hon’ble Court under relevant
provisions of the Indian Penal Code.
2. It also humbly request issue directions to amend the FIR on the basis of Complaint U/S 156(3)
Cr.P.C and register the case U/S 304B/34 or U/S 302/34.
3. It is also humbly requested to supervise entire investigation and to give directions to police
officials to file charge sheet without much delay.

Dated: 05-02-2019
Place: Kalyan Puri , Delhi
Complainant
Through
Ritik Sharma
Advocate
Counsel for the Complainant