Protest Petition.

IN THE COURT OF Ld. JUDICIAL MAGISTRATE, FIRST CLASS, RAIPUR

C.C. No 45/ 2020

IN THE MATTER OF:

STATE OF CHHATTISGARH …. INVESTIGATING AGENCY

VERSUS

TIKAM DAS ……ACCUSED

AGE – 69, S/O – RITESHWAR DAS
OCUPATION- DOCTOR
ADDRESS – H.5, MAHESH COLONY,
SRI NAGAR ROAD, RAIPUR.

FIR No.: 45 of 2020

U/Ss: 294 B, 323, 380, 427, 448 IPC
P.S.: Gudhyari Police Station

PROTEST PETITION ON BEHALF OF THE VICTIM/INFORMANT

MOST RESPECTFULLY SHOWETH:

1. The Applicant herein being the Victim/Informant in the subject FIR

Case is preferring the present Application seeking directions by this

 Hon’ble Court to direct further investigation in the subject FIR Case

for an offence under section 294 B, 323, 380, 427, 448 of the Indian

Penal Code, 1860 (“IPC”).

2. The Applicant is a law student residing at H.05, Mahesh Colony, Sri

Nagar Road, Raipur, (C.G.). The Accused in the subject FIR case is a

Doctor residing at H.06, Mahesh Colony, Sri Nagar Road, Raipur,

(C.G.). The Applicant and the Accused in the present case are

neighbours.

3. On 16/04/2020 at around 9.00 am, he (Applicant) saw the accused

making illegal construction in his property. He went to stop the

accused from making illegal construction in his property without his

consent. The accused got furious and started abusing him in filthy

language. The accused addressed him as Dog and said the following:

“You belong to a family of bastards. I will make your entire family my

servants and make them do my dirty chores”. Later the neighbours

heard the hurling voices and came in to calm the situation.

4. At around 12.00pm, the victim was sleeping in his room when he

heard loud voices of his family members. He ran towards his living

room and to his shock he saw that the accused had entered the

victim’s house premises’ without his permission and started abusing

the victim’s family for stopping the construction work. The accused

attacked and started beating the victim badly. The victim suffered

heavy injury on his head and pain due to such beatings. The accused

was carrying a wooden plank and had entered with the intent to

cause hurt to the victim and to destroy the victim’s private

property.

5. Thereafter, the accused started thrashing the victims house. The

accused used a metal rod to damage the victim’s home appliances.

The accused damaged furniture and tv generating a loss of Rs

2,00,000 to the victim

6. The accused while leaving snatched the victims golden chain worth

Rs 1,00,000. The victim tried to stop the accused from taking his

chain but the accused grabbed his throat and snatched the golden
 chain. The accused then after taking the victims golden cahin left

the house.

7. At 2.00 pm, FIR bearing No. 45 of 2020 came to be registered by the

Victim at Gudhyari Police Station under sections 294 B, 323, 380,

427, 448 of the Indian Penal Code against Dr. Tikam Das

(hereinafter the “Accused”) for the offence committed by him. This

was lodged on the basis of information in writing submitted by the

Victim which stated that offences under section 294 B, 323, 380,

427, 448 of the IPC were committed against him by the Accused.

8. On 12.05.2020, the Investigating Officer (“IO”) filed a Closure-

Report ,under Section 173 CrPC, due to lack of sufficient evidence in

the present case. On this date, this Hon’ble Court was pleased to

give the victim a notice regarding the report submitted by the

Investigating Officer.

9. The Applicant further respectfully submits that the investigation has

been conducted in the present case in a shabby manner and there

 are various material deficiencies as well as important pieces of

evidence which have been overlooked.

10. It is submitted that the charge-sheet ought to have included

offences under section of the IPC as the ingredients of these

offences were made out and the Investigating Agency came to the

erroneous finding that there was lack of evidence.

11. It is submitted that the two witnesses cited in the Charge

sheet PW1 and PW2 are in fact associates of the accused.

12. It is further submitted that further corroboration can be found in

the present case by way of analysis of the CCTV footage of the

victims next door neighbour Mr. Mehal Jethani. It is submitted that it

is nowhere indicated in the charge-sheet that the Investigating

Agency has examined the CCTV footage of the next door neighbour

Mr. Mehal Jethani. The Victim has filed a separate application under

section 91 of the CrPC, seeking CCTV footage from the next door

neighbour Mr. Mehal Jethani which is pending before this Hon’ble

Court.
 13. In view of above mentioned, it is humbly requested that this

Hon’ble Court direct the Investigating Officer to investigate

whether offences under section 354, 323, and 509 of the IPC have

been committed by the Accused as well as examine the CCTV

footage of the victim’s next door neighbour.

14. The Applicant will be caused grave prejudice in the event the

relief sought herein in this present Application is not granted.

15. The instant Application is being moved bona fide and may be

allowed in the interests of justice.

16.