IN THE HON’BLE COURT OF CHIEF METROPOLITAN

MAGISTRATE, DELHI

IN THE MATTER OF:

SMT. SADHNA SHAKYA

W/O SH. UDAY PRAKASH SHAKYA
R/O 51A, TULSI NIKETAN,
BHOPURA, SAHIBABAD,
GHAZIABAD, U.P. ….COMPLAINANT

VERSUS

1. SH. LAKHAN SINGH

S/O SH K.R. SAINI
R/O J-9, VIKASPURI,
NEW DELHI

2. SH. RAKESH BABU SHAKIA

S/O UNKNOWN
R/O A-8C, SURAKSHA VIHAR,
VIKAS NAGAR, UTTAM NAGAR,
NEW DELHI-110059 …..ACCUSED PERSONS

P.S.: KANJHAWLA

COMPLAINT UNDER SECTION 200 Cr.P.C. FOR TAKING

COGNIZANCE AGAINST THE ABOVE SAID ACCUSED PERSONS
U/S 120B/403/406/420/423/477/506/34 IPC

MOST RESPECTFULLY SHOWETH:

1. That the complainant is a peace loving and law

abiding citizen of India and is residing

alongwith her family at the above mentioned

address i.e. 51A, Tulsi Niketan, Bhopura,

Sahibabad, Ghaziabad, U.P.

2. That the Complainant has purchased a plot

before two years, measuring 80 Sq. Yards, Plot

No.65 & 66, Khasra No.8/20, 8/21 in village

Tikri Kalan, Abadi Colony known as Baba Haridas

 Nagar, Nangloi, New Delhi from the accused No.1

& 2 i.e. Sh. Lakhan Singh Saini and Sh. Rakesh

Babu Shakya after paying Rs.4,00,000/- (Rupees

Four Lacs Only) (Rs.50,000/- (bayana) +

Rs.20,000/- (part payment) + Rs.3,30,000/- (on

execution of papers).

3. That the above mentioned accused persons

executed the relevant papers of this property

i.e. Agreement to Sell, Power of Attorney,

Affidavit, Possession Letter, Will dated

22.07.2012 on the name of the complainant. All

these documents of the above mentioned property

were signed by the accused No.1 Sh. Lakhan

Singh S/o Late Sh. K.R. Saini, R/o Vikaspuri,

Delhi in front of the accused No.2 and on the

instruction of accused No.2 the full and final

amount of Rs.3,30,000/- was also paid to the

accused No.1 after deduction of bayana and part

payment amount. It is pertinent to mention here

that accused No.2 is the maternal uncle (Fufa)

of the complainant in relation.

4. That the complainant came in the knowledge

through accused No.2 that accused No.2 also

have his share in the above said property and

 it is free from all sorts of disputes paid full

and final payment to the accused No.1. After

receiving of full and final payment of the

above said property/plot, the accused No.1 has

also got notarized all the papers on 13.10.2012

and also assured that now the complainant is

the owner of said plot.

5. That whenever the complainant reached to the

said plot for taking possession, some person

come and stop her by telling that he is the

owner of the said property/plot and if somebody

else is there, he should come and stand there.

When the complainant approached to both the

accused to come to the plot, they straightway

denied and never came on the plot. The

complainant came to know that both accused

persons cheated the complainant and grabbed

Rs.4,00,000/-.

6. That on initial stage the accused persons were

continuously giving false assurances to the

complainant to get another plot on her name but

now both the accused persons started giving

threats to the complainant that neither they

will give her the above said plot nor they will
 return the money. They further threaten the

complainant that if she give any complainant to

any authority, nothing wrong will be against

them because the accused No.2 is the President

of “Bahujan Samaj Party, Vikaspuri

Constitutional area” and have good relations

with the police personnel of the area.

7. That later on the complainant came to know that

the above said accused persons are the head of

Land grabbers and therefore they also have

relations with musclemen and unsocial persons

of the society. Even the complainant got the

information from neighbours that if someone

talks with these accused in volume, they beats

him mercilessly. Even both the accused persons

threatening the complainant that they have

issued only receipt of Rs.80,000/- and bayana

receipt was taken knowingly from her, now the

complainant have no proof to prove that she had

paid Rs.4,00,000/- to them.

8. That seeing no other option the complainant has

filed a complaint against both the above

mentioned accused persons in P.S. Ranhola vide

DD No.52B dated 17.09.2012 and a complaint to

 P.S. Mundka vide DD No.30B dated 09.10.2012,

further to P.S. Kanjhawla vide DD No.11A dated

13.10.2012 but no action was initiated by the

police authorities till date and complainant is

getting continuous threats from the above

accused persons and lost her hard earned money

which is grabbed by the above accused persons

illegally by making false documents.

9. That the complainant personally visited to the

P.S. Mundka and one police personal accompanied

the complainant on the suit property and he

informed that the suit property falls in the

jurisdiction of P.S. Kanjhawla, after that

complainant personally visited to the P.S.

Kanjhawla and a fresh complaint also given to

the SHO Kanjhawla on 13.11.2012 vide DD No.39B

for lodging FIR and taking necessary action

against the accused persons and informed the

complete facts of the case but only false

assurance was given to her by the police

officials of P.S. Kanjhawla and no action was

initiated against the accused persons.

10. That after seeing no other alternative the

complainant given a complaint to various higher

 police officials on 25.10.2012 for a direction

and requested to pass a direction to SHO, P.S.

Kanjhawla to lodge FIR on the complaint of the

complainant but no action was taken till date.

The complainant visited several times to P.S.

Kanjhawla to know about her complaints but no

satisfactory answer is given to her as well as

she was always forced to bow down before the

accused persons and forget about the said plot.

Hence the complainant left with no other option

except to approach the Hon’ble court.

11. That the accused persons were never the owner

of the said plot and intentionally,

deliberately and with full knowledge sold the

above said plot to the complainant to cheat and

grab her hard earned money and both of the

accused were fully aware that complainant will

never get possession of her plot.

12. That the suit property is situated in the

jurisdiction of P.S. Kanjhawla, the accused

persons also reside in the jurisdiction of

Delhi, all the cause of action took place in

Delhi only, hence this Hon’ble court has

 territorial jurisdiction to try and entertain

the present complaint.

13. That the complainant has not filed any

same/similar complaint against the accused

persons in any court of law in India except the

present complaint.

PRAYER:

It is, therefore, most humbly prayed that

this Hon’ble court may kindly be pleased to
direct the police of P.S. Kanjhawla, New Delhi
to register an FIR against the accused persons,
investigate the matter, book the culprits and
provide necessary protection to the complainant
and his family, in the interest of justice.

Any further relief (s)/direction(s) which

this Hon’ble court deem fit and proper to the
facts and circumstances of the present
complaint, in the interest of justice.

COMPLAINANT
DELHI
DATED:05.12.2012 THROUGH

(SUNIL SINGH)
ADVOCATE
CH NO.850, LAWYER’S CHAMBER,
DWARKA DISTRICT COURTS,
NEW DELHI
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DELHI

IN THE MATTER OF:

SMT. SADHNA SHAKYA ….COMPLAINANT

VERSUS

SH. LAKHAN SINGH & ANR. …..ACCUSED PERSONS

AFFIDAVIT

I, SMT. SADHNA SHAKYA W/O SH. UDAY PRAKASH

SHAKYA R/O 51A, TULSI NIKETAN, BHOPURA,

SAHIBABAD, GHAZIABAD, U.P., do hereby solemnly

affirm and declare as under:

1. That I am the complainant in the complaint and

well conversant with the facts and

circumstances of the present complaint and as

such fully competent to swear this affidavit.

2. That the accompanying complaint U/s 200 Cr.P.C.

has been drafted by my counsel under my

instructions and the contents of the

accompanying complaint are read over to me and

the same are understood by me which are true

and correct to the best of my knowledge. The

contents of the same are part and parcel of

 this affidavit and are not being reproduced

herein for the sake of brevity.

Deponent
Verification:

Verified at New Delhi on this 5 th day of

December 2012, 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
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DELHI

IN THE MATTER OF:

SMT. SADHNA SHAKYA ….COMPLAINANT

VERSUS

SH. LAKHAN SINGH & ANR. …..ACCUSED PERSONS

AFFIDAVIT

I, SMT. SADHNA SHAKYA W/O SH. UDAY PRAKASH

SHAKYA R/O 51A, TULSI NIKETAN, BHOPURA,

SAHIBABAD, GHAZIABAD, U.P., do hereby solemnly

affirm and declare as under:

1. That I am the complainant in the complaint and

well conversant with the facts and

circumstances of the present complaint and as

such fully competent to swear this affidavit.

2. That the accompanying Application U/s 156(3)

Cr.P.C. has been drafted by my counsel under my

instructions and the contents of the

accompanying complaint are read over to me and

the same are understood by me which are true

and correct to the best of my knowledge. The

contents of the same are part and parcel of

 this affidavit and are not being reproduced

herein for the sake of brevity.

Deponent
Verification:

Verified at New Delhi on this 5 th day of

December 2012, 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
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DELHI

IN THE MATTER OF:

SMT. SADHNA SHAKYA ….COMPLAINANT

VERSUS

SH. LAKHAN SINGH & ANR. …..ACCUSED PERSONS

MEMO OF PARTIES

SMT. SADHNA SHAKYA

W/O SH. UDAY PRAKASH SHAKYA
R/O 51A, TULSI NIKETAN,
BHOPURA, SAHIBABAD,
GHAZIABAD, U.P. ….COMPLAINANT

VERSUS

1. SH. LAKHAN SINGH

S/O SH K.R. SAINI
R/O J-9, VIKASPURI,
NEW DELHI

2. SH. RAKESH BABU SHAKIA

S/O UNKNOWN
R/O A-8C, SURAKSHA VIHAR,
VIKAS NAGAR, UTTAM NAGAR,
NEW DELHI-110059 …..ACCUSED PERSONS

P.S.: KANJHAWLA

..COMPLAINANT
DELHI
DATED:05.12.2012 THROUGH
(SUNIL SINGH)
ADVOCATE
CH NO.850, LAWYER’S CHAMBER,
DWARKA DISTRICT COURTS,
NEW DELHI
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DELHI

IN THE MATTER OF:

SMT. SADHNA SHAKYA ….COMPLAINANT

VERSUS

SH. LAKHAN SINGH & ANR. …..ACCUSED PERSONS

INDEX

S.NO. PARTICULARS PAGES C.FEE

1. MEMO OF PARTIES

2. COMPLAINT U/S 200 Cr.P.C.

ALONGWITH AFFIDAVIT.

3. APPLICATION U/S 156(3) Cr.P.C.

ALONGWITH AFFIDAVIT.

4. LIST OF DOCUMENTS
ALONGWITH DOCUMENTS.

5. VAKALATNAMA.

COMPLAINANT

DELHI
DATED:05.12.2012 THROUGH

(SUNIL SINGH)
ADVOCATE
CH NO.850, LAWYER’S CHAMBER,
DWARKA DISTRICT COURTS,
NEW DELHI
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DELHI

IN THE MATTER OF:

SMT. SADHNA SHAKYA ….COMPLAINANT

VERSUS

SH. LAKHAN SINGH & ANR. …..ACCUSED PERSONS

APPLICATION UNDER SECTION 156(3) Cr.P.C. FOR

DIRECTION TO THE SHO TO REGISTER THE CASE
AGAINST THE ACCUSED PERSONS U/S
120B/403/406/420/423/477/506/34 IPC OR ANY
OTHER RELEVANT SECTIONS AS PER LAW

MOST RESPECTFULLY SHOWETH:

1. That the complainant has filed the complaint

case under Section 200 Cr.P.C. against the
accused persons for commission of offence U/S
120B/403/406/420/423/477/506/34 IPC or any
other relevant sections as per law, the
contents of which may be read as part and
parcel of this application as the same are not
being repeated herein for the sake of brevity.

2. That the accused persons have illegally and

unlawfully grab the hard earned money of the
complainant fraudulently and are now
continuously giving threats to the complainant
as the complainant is living under the
apprehension and fear at the hands of the
accused persons and are continuously giving
threats to the complainant and his family
members for dire consequences.
3. That when the complainant visited and inform
through complaint to the various police
authorities, but they have not taken any action
against the accused persons so far.

PRAYER:

In view of the above facts and

circumstances, it is, therefore prayed that
this Hon’ble Court may graciously be pleased to
direct the concerned SHO of P.S. Kanjhawla, New
Delhi to investigate the matter properly and
thereafter book the accused persons under the
appropriate provisions of law by registering
the case against the accused person, resulting
in peaceful living of the applicant as well as
to return his plot or compensate him in lieu of
money.

Any such other order which this Hon’ble

court may deem fit and proper be passed in
favour of the complainant and against the
accused persons.

COMPLAINANT

DELHI
DATED:05.12.2012 THROUGH

(SUNIL SINGH)
ADVOCATE
CH NO.850, LAWYER’S CHAMBER,
DWARKA DISTRICT COURTS,
NEW DELHI