BEFORE THE HON'BLE COURT OF SHRI SHUSHANT

SIHAG, MM, SAKET DISTRICT COURT, NEW OELI

IN THE MATTER OF:

STATE VS ASIF MUSTAFA

APPLICATION ON BEHALF OF THE ACCUSED FOR

SUPPLY OF DOCUMENTS/COPY OF FIR NO O964 /2015 /
FILING OF VAKALATNAMA/ INSPECTION OF FILE WITH

SEEKING STATUS OF INVESTIGATION IN THE ABOVE

CAPTIONED MATTER

FIR NO-0964/2015

U/S 332/40DiCACT
P.S:JAMIA NAGAR

MOST RESPECFULLY SHOWETH::

1. That the Applicant/ Accused was informed by the

concerned 10 Shri Ashok Rana of Police station Jamia

Nagar, District South-East, New Delhi that some First

information report (FIR) was registered agait the

applicant/accused with regard to UinauiiHzed

construction and his Property No S6/2019 situated at

Jogabai extension,Jamia Nagar, New Delhi.

2. That during investigation by the 10 the accused/

applicant was issued notice under section 160 CrPC to
appearance before the concerned Police
station
put his
Jamia Nagar, Dist: South-East, New Delhi aid after
isitecd
receiving proper notice, the Applicant/Accuse
the concerned Police station and co-operaieti i
during the investigation.

3 That after Perusal of the record and investigatioi done

by the concerned 10, it is found by the counsel of the

applicant/accused that there are many discrepencies in

the investigation and no proper name and adicdress of
 the
Property booked by the South Delhi Municipal
Corporation ( SDMc) earlier the Municipal corporation
of Delhi, Central Zone, Lajpat Nagar, New Delhi for
carrying out the unauthorized construction i the
matter.

4. That the 10 demanded theOriginal Copy of the GPA

with other requisite documents to verify the status of
the Property and owner of the property in question.
Even the Photographs of the Building was shown by
the 10 to theApplicant/ Accused which the Applicant
recognize the Building and clarify that thrsaic
construction was done for their own living with his
elder brother who also have equal share in the
aforesaid property and the said
property
was

constructed for Personal use being the Joint family and

not for any Sale or to
any Purchaser. It is further
clarified that this construction is also not carried
by any
Builder/Promoter and the whole construction was
done by the applicant with the help of his elder
brother after demolishing the old construction.
5. That it is also clarified to the 10 that there is no
sanctioned Plan for the said unauthorized construction
as no sanction Plan is
being sanctioned in the area
which is already unauthorized in the record of the
MCD and now the Present State Govt started
issuing
the certificate of regularization as per their Plan which
will take considerable time, hence it cannot be said to
be unauthorized construction as the same is
constructed for own use and the same is
occupied by
the applicant/accused and his family members
including family of his elder brother who recently
expired.

6. That during the investigation, the Applicant provided

his Aadhar card with application dated 15 of
September 2020 stating about the incident of Dacoity
at his residence and absence of
any original documents
of the aforesaid Property which was booked for
 unauthorized construction
by the MCD in the
2015 and the year
same was taken on
record by the
concerned IO with the
copy of Charge Sheet. The true
Copy of the application with FIR
No 0357/2016 dated
25/04/2016 is attached herewith and marked as
Annexure A-1( Colly).
6. That the 10 even after
many request made hy the
Counsel as well as by the
applicant could not handover
the copy of First information
report ( FIR) registered
against the applicant/accused under section 332 and
461 DMC Act for carrying Out unauthorized
construction and stated that he has been instructed
by
the Higher officials to file the
Charge sheet at the
earliest in the aforesaid matter and he is to file ready
the charge sheet before this Hon'ble court.

7. That since the Passing of sufficient Period of almost 4

months for joining the investigation
by the
applicant/accused neither the final report nor the
charge sheet has been filed by the concerned i0 and
the applicant is not aware about the Progress of
investigation in the matter and about filing of the
charge sheet before this Hon'ble court.

8. That the Applicant/Accused has signed the

Vakalatnama with all details mentioning the FIR
number with Section of SDMC indicating the
concerned Police station Jamia Nagar. The true copy of
the Vakalatnama is filed herewith and marked as
Annexure A-2.

9 That the Applicant/ Accused know the

want to
Progress of investigation and filing of the charge sheet
in the aforesaid matter as he is unnecessary going
through mental trauma as soon as he came to know
about the Pending FIR NO -0964/2015 registered by
theSDMc/MCD in the year 2015 against him in the
month of September 2020 as informed by the 1O.

PRAYER:
 Under the facts and circumstances mentioned above, It
is,therefore, prayed that the Vakalatnama of the

COunsel for the applicant may be taken on recora,

direction to the Ahlmad to supply the Copy of FIR or

any documents related to the said Property, allow the

inspection of Judicial file if any and direction be issued
to the concerned 10 of Jamia Nagar Police station to
file the status report with regard to progress in the

investigation and seek status of the charge sheet to be

filed before this Hon'ble court in the interest of justice.

Prayed accordingly.

Filed by: Jurist Falcon

The Legal
Associates

Athar Alam, Adv

Mrs sumbul athar, Adv

Ms Shweta Sand, Adv

Azhar Alam, Adv

Mr Omair Shaquib, Adv

Ch: 411-A, Block ,

Lawyers chamber, Delhi
High Court, New Delhi
Ch: 302, 3 floor, Lawyers
chamber, Saket District
Court, New Delhi

M-9891356444/333
E-mail:
0/202 athar4333@gmail.com
I6121% o
Date: 13/12/2020

Piace: New Delhi

 P1aCe NpelH
(ANl 4-5.

S HO
AMA NALA R
NDELHI -2S
SubTaet:-
ToiN < aKIejai FIR No q64/s Under See te
332/4LI BMcAcf

J4nia NACAR NDELIi - 25 7 KHET lLo cRPC

3TIE
ER SeK3 FIR No 74/20/S Kegd ans
-

Sceroa 332]4CI Dmc ACT a7e7 E 3 .

2tT4 iH 2E
aceitY
TC)
9 H Z o i h a l dvgamet 4cegauad
k ea Cr 3T /a FR N:357 batsi

CoPay udER #tu4"B1ud HET a

AEK ar 31uu EnAL CuR6ED SHEEI n a e

NTE:- COPy FNo

357/2ob Rlo Sol14 Jot4-Bi ETNV
VAmIa-NA4
A/DELi - 2 5

Mt' 89 (48727
*

FIRST INFORMATION REPORT

(Under 8ection 154 Cr.P.C.)

(dr 154s ufi a i T7

(241i}:25/CA/2015
1.District ( 1 ) : SOU'H-ËAST P.S.(7141): JAIA NAGAR Year(n): 2016 FIR No( . .4.):0'37 Date
DELHI

2 Actis(#*etAaR)
Sections(nrNK}
IPC 1c
397/452342sln.3

3. Occurrence of Offence (3uTu Auen

(a) Day(R) Dale ToRiK TG), 25:04:201
Monday Date From(laia i: 25:04:2016
Time Period fin 3atd): Paar 2 Time From (217a d: 5 s Time To (FiT7i 1#)
Time (HU): 17:' rs
(bntormation received at P.S.(arTI AEI 7 1 UTA F : Datema); 250/2076
Time Z7): 115 hrs
(c1General Diary Reference (t1arRT HEd}: Entry No.(rafë a.): O22A

Type of lniormation (971 i r R ) : VRITIEN

. Place of Occurrence (etTRa ) :

Beat NoiE 7.}: 02
a) Direction and 3tr m): 0 KIL OMETERS
Distance from P.S (aTI À gi
NAGAR
b} Address(FT): S-619 2ND FLOOR. JOGA RAI EXT JAMA
cIn case, Outslde the limit ot the Police Statlon (atë *il FHMii ZIgT R
Name ot P.S(TI 41 ATH): Dictrie T

(a)Namc(-i1H). AS: F MUS7AtA IS/0; MD MUSTAF A

bDate/Year of Birth (M.4 fdfa rad): Nationality (Tigtari):

Date af issue ( ahià fat2 ): Place of issua (qTit r a 7 RTAE
c)Passport No.(1aYië a.)

djOccup3tion (dlru):
2NC FLOOR, JOGA BAl EXI. J*A NAGAR. SOUTH-EAST, DELHI, INDIA
(c) Address(4I):SE19.
accused wilh lull particilars(altach separate sheet if necessaryl{tni Ff 1aTA afiG
7 Details of KnonSuspect/Unknown

. Reason for delay in reporting by he compiaindnuiniormant (51ahii qami grm rytë ta R zi «aA i
tDELAY

properties stoleiinvolved (attach soparotu theet if necessaryl

9 Particulars of the

SI No. ( . ) Properly Type(Descrintlonj Es1, Value(Rs.)(74 Slatit

of property stolen ( ) gs aEulA s1 z Hwa):

10.Totat value
11. Inquest Report U.D. Case No., if any (H73 EHIG T i J 3 . g e r ate

.
 PS A 1A

2
F.IR. Contents (atlach separate sheet, f requirod](Cn qTAt Rnte nza):

orngna paper i1 aR T Mobile Lenovo Ar MI SIM NO. 9891708727 t 991 1630987 T

E a ATT A T T I AS age 20 2 2 ETA q7 H À arai aT 37 7 I 1 Z

14aig 71 T SD Engl1sh Asil Mustafa Sig Md. Mustafa R'o S6:19 Jogabai Extn Jam:a nagar ND
25 Mob 9881708727 Date 25:04/16 iTA Duly oil:er T4I Ú H qT cCA nT S T 7 ZTE
Emergency Duty Sl PCR Call vide OD No. 12; IHAA G7 HA SI T Ci Sardeep No 3555 SE 1 2
S6.19 2nd floor Jogaba Extn. Jama Nagar 1A ASif Mustafa T

R Crirme Team aFaTaR m Intoecton aETTE ET inspection T

397:452/342506:34 IPC I ETAT UTATI FTI r I 3T T TERAT ZE Ct Sandesr
eraTa1 è FHT zfAcT H C 4 Tra TA SHO E a SI Varun Kumar i a a
Fa 7 m T -2 zt b e R.45 AM. 7 I ET311 S-6/1, 2nd Floor, Jagaba
Exin, Jamia Nagar. Tta a 2 taTATi Mat 25L16 at 11.10 Alv, SD Enelish 25/94:16 S: R:sh
Sharma PS Jamia Nagar. RuaTl T 37 211 3U h A6T7 51 FHTRTTt Yr 4i HC/D0 ERT E
Operaiwr (CCTS) FT TTATAI T
Computer giT Ccmputer Computerizet FIR Copy T 3 5
T SI Varun Kumar Iza i Ti}MR 7AT
TERT ETTS T-CT FUiior nCHTESTI TEH TA1 SHO PI i
Efr Er 37T7 rëzHA 3THT Ti AT FIR Drait Do }i RTT TATI HC DO
commission f otfoncels) ui's as mentioned at ltem No. 2:
S1nce the above information reveals
13.Action Taken

and took up the iriv051igatio

OR
(Registered the case

VARUN KLIHAR GORAIT Rank (e

of the I.0.)(717 uTfTTi 7I ATA }:
ii) Directed {Name Si (SUB-INSPECTOR)

MA ura MA AT MT i AT) OR(}

to take up the invostlgatlon ( a
No(H)60 8
due to(fa lt):
ii Refused investigatlon Districm)
Transferred to P.S(name21a1):
iv)
fÊHT 7r Fria)
on point ol jurisdiction (1
to recorded and a capy given to tho complainaniinformant
FAR read over 1o the complainantinformant,admtea rrectly

R.O.A.C.(TA.T )
 -

SJA11A 4ACAR
FIR Nu152 Dote. N

14. Signature Thumb

of the
ComplainantiImpression
Informant: Signature of Officeor

Namef-114): AN'I KAUSHIK

Rank (T): HC (HEAO CONSTABLE

No.(.) 259 10304

15.Dale and Time of

despatch lo the court:
 2 ADVOCATES WENFARE FUND
NCTT
OFDELHI COURT FEE DELH) DELHI ..C. No. ......
024574412034L
csEP-2020 Rs5
U/S****
24LL PM L U
1100s63 vEnveEES
****************

IN THE
COURT OF SHac1St eha, m-M loM
Suit Appeal No.
in re:
1R 0961S JURISDICTION OF 20

CATL (cpmeD Plaintiff(s) or Petitioner(s)

Appellant(s) Complainant(s)
VERSUS

9*Lf_muRTAA Defendant(s)/ Respondent(s) / Accused

KNOW ALL to wham these Present shall Coma that 1 / Wseh OLD u g cdm

The above named_

dKagkmn MALAFLK.v964
dohereby appoint
1
OHIMaK GLAm kAro CHA
CoMBOOAKw. VMArK H9JCH. 902
7ACAWp CH: 411t, 8l0t
(hereinsrer
herein after called the advocatesa) to be my/our Advocate in the ed22ho
To act, appear and plead in the above-noted case in this court or in any coVA
or heard and also in the appellate court including High Court subject to payment of téès sepataely tpkeághzodn by me us.
To sign file, verify and present pleadings, appeals cross-objections or petitions for
executions review, revision, withdrawal, comprom ise or other petitions or affidavits or other
documents as may be deemed necessary or proper forthe prosegtion ofthe said case in all its

stages subjects to payment of fees for each stage: D x A

To.file and take back documents, to admitándor dehy the documents of opposite party
To withdraw or compromise the said case or aubmit to arbitration any differences or

disputes that may arise touching or in any manner relating to theaid s

To take execution proceedings on paying separatefee.
cash and grant'receipts hereof and to
To deposit, draw and receive money, cheques,
do all other acts and things
which may be necessary to be dpne for the
pypoyes in the
and
course of the prosecution on the
said case.
To appoint and instruct any other Legal Practitioner authdrising him to exercise the power and authority hereby
to sign the power of attorney on our behalf.
whenever he may think fit to do so and
conferred upon the Advocate
to ratify and confirm all acts done by the Advocate or his substitute
And IWe the undersigned do hereby agree
as if done by melus to all
intents and purpose.
in the matter as mylour own acts,

And iWe undertake that iWe or mylour duly authorised agent would appear in court on all hearings and will
when the case is called.
inform the Advocate for appearance
not to hold the advocate or his substitute responsible for the result of
And We undersigned do hereby agree
shall receive
costs whenever ordered by the court shall be of the Advocate which he
the said case. The adjournment
and retain for himself.

undersigned do hereby agree that in the event of the whole or part of the fee agreed by me/us to be
And IWe
said case until the
unpaid he shall be entitled to withdraw from the prosecution of thee
paid to the advocate remaining case and above Court. / We hereby agree that once the fee is
same is paid up.
The fee settle is only for the above
same in any case whatsoever and if the case prolongs for
entitled for the refund ofthe
0aid, 1/ We will not be

more than 3 years the original fee shall be pald again by me/ us.
IN WITNESS wHERE OFIIWe do hereunto set my/our hand to these preaontsthe contents of which have
been understood by me/ us on this . . d a y ofeRKitIIN 20 D
the terms of the fees.
Accepted subject to

Advocatetmul a e
Client
Client
Ildentify The Signature/ Thumb Impression Of The Client
Who has singed in my presence

aaShsinbb