IN THE COURT OF THE LD.

METROPOLITAN MAGISTRATE (SOUT), SAKET

COURTS, NEW DELHI.

IN THE MATTER OF :

K.S.BAKSHI (THROUGH S.P.A. – S.S. JARRY

Versus

STATE & ors.

FIR no. 99/21

U/s 406 & 420 IPC
P.S. Fatehpur Beri

APPLICATION ON BEHALF OF THE APPLICANT UNDER SECTION 156(3)

Cr.P.C. 1973 SEEKING MONITORING OF THE INVESTIGATION AND
DIRECTIONS TO THE CONCERNED AUTHORITIES FOR A FAIR & PROPER
INVESTIGTION IN THE FIR NO. 99/2021 DT. 07.03.2021 U/S 420 & 408 IPC
REGISTERED AT FATEHPUR BERI POLICE STATION AGAINST THE
ACCUSED PERSONS.

Most Respectfully Showeth :

1. That the present application is being filed by the applicant seeking Monitoring of
the investigation in relation to the FIR bearing No. 99/2021 dated 07.03.2021 U/s
420 & 408 IPC 1860 registered at Faterpur Beri Police Station (hereinafter referred
to as the said “FIR”) and to direct the concerned Investigating Autority to conduct a
fir and proper investigation with respect to the same. The True copy of the FIR no
99/21 dated 07.03.2021 registered at P.S. Fatehpur Beri is annexed herewith as
Annexure A-1.

2. That this Hon’ble Court was pleased to allow the application for registration of FIR
under Section 156(3) Cr. P.C. of the Applicant against the Accused Persons vide
order dated 05.03.2021 passed in C.C. no. 242/2021 titled as “K.S.Bakshi vs. State
 & Ors.”, wherein it was held by this Hon’ble Court as follows:

“From the careful scrutiny of the record it appears that all the
facts and circumstances taken up together hint at commission of
a cognizable offence and the same needs to be investigated.”

The True Copy of the Order dated 05.03.2021 passed by this Hon’ble Court is
annexed herewith as Annexure A-2.

Brief Facts of the Case:

3. That the accused no. 2-3 are Directors of accused no.1 company, and are known to
be wielding significant influence as land mafias. The accused no.4 is working in
connivance with the Accused no.1-3, and has been a part of the larger conspiracy to
cheat the Applicant/Complainant herein. Hence, it is most probable that the accused
persons will try to taint and influence the investigation being carried out by the
Investigating Authority.

4. That it is pertinent to mention that the Accused Persons even misrepresented to the
SDM, Mehrauli, and procured the Order dated 23.11.2019 and encroached the Suit
Property through Accused no.4, wherein a boundary wall was constructed illegally,
thereby obstructing the rasta/road constructed by the Applicant/Complainant for
himself as the terms of Agreement dated 30.03.1995 and for the public at large as
well. The said rasta/road has been used for more than 25 years by the Applicant and
the nearby villagers.

5. That the influence of the Accused Persons can be gauged from the fact that even
after the applicant through his Authorised Representatives, along with the MLA of
the said constituency, and Local Councillor arranged to meet with the SDM on
14.01.2020 in relation to the above mentioned encroachment. The same was to no-
avail as no one took any cognizance of the said illegal action, and the request of the
 Applicant fell on deaf ears. The representatives attempted to meet with the SDM on
several counts, however, their requests were declined on one pretest or another
thereafter.

6. That the applicant also filed a police complaint dated 24.01.2020 based on the facts
known to the Applicant back then. Despite several visits and reminders of the
Applicant, the Local Police did not take any action on the said coplaint.

7. That the Applicant (through his SPA) in light of several new facts being unearthed
after the complaint dated 24.01.2020, filed another Police complaint dated
26.09.2020 received on 30.09.2020 vide DD No. 39A before the P.S. Fatehpur Beri.
The True Copy of the Complaint dated 26.09.2020 filed on 30.09.2020 before the
P.S. Fatehpur Beri is annexed herewith as Annexure A-3.

8. That ever since filing of the complaint, the applicant and his Representatives had
been running pillar to post to get the Accused Persons to the book, but it was amply
clear that the Police Officials were acting at the behest of the Accused Persons, and
hence, turned a blind eye towards the plight of the applicant. Aggrieved by the
same, the Applicant decided to write to the Dy. Commissioner of Police South
District, Hauz Khas, New Delhi (“DCP”) the Representation dated 07.11.2020
received on 09.11.2020 vide Dy. No. 2854. The True Copy of the Representation
dated 07.11.2020 received on 09.11.2020 vide Dy. No. 2854 is annexed herewith as
Annexure A-4.

9. That as considerable time had passed since the illegal acts of the Accused Persons
was brought to the notice of the Investigating Authorities, the Applicant had no
other option but to seek indulgence of this Hon’ble Court by way of an Application
dated 04.02.2021 U/s 156(3) of the Code of Criminal Procedure Code, 1973 seeking
 registration of an FIR against the Accused Persons. The same was registered as C.C.
no. 242/2021 titled as “K.S.Bakshi vs. State & ors.”.

10. That based on the Complaint of the Applicant, this Hon’ble Court was pleased to
call for the Action Taken Report from the Investigating Authority vide Order dated
10.02.2021. After perusal of the Application for registration of an FIR read with the
Complaint U/s 200 Cr. P.C. of the Applicant, alongwith hearing the detailed
Arguments for registration of FIR, this Hon’ble Court was pleased to direct
registration of an FIR, not limited to the offense mentioned in the Complaint vide its
Order dated 05.03.2021, and with a further direction the SHO, Fatehpur Beri to
submit a Compliance Report in this regard.

11. That thereafter, only after the indulgence of this Hon’ble Court, an FIR bearing no.
99/2021 dated 07.03.2021 was registered at P.S.Fatehpur Beri under Sections 406 &
420 IPC. That it is pertinent to mention that the said FIR did not contain the
particulars/details of the Accused Persons in the relevant column 7 (Seven), even
after the same were readily available with the Investigating Authority. Furthermore,
it is also pertinent to note that the offence under Section 120-B IPC was
conveniently omitted from the FIR, even after the conspiracy between the Accused
Persons to cheat the Applicant herein was specifically mentioned in the Complaint
filed before the Investigating Authority, as well as this Hon’ble Court.

12. That the illustrated above the Police Officials seem to be hand-in-glove with the
Accused Persons and are trying to protect them from being prosecuted lawfully and
in a just manner, thereby causing grave prejudice to the Applicant herein. That
considerable time has passed since the FIR bearing No. 99/2021 dated 07.03.2021
has been registered at P.S. Fatehpur Beri, and as per the knowledge of the Applicant
herein, no fruitful action/investigation has been carried out by the investigating
 Authorities till now.

13. That the Hon’ble Apex Court in landmark case of Sakiri Vasu vs State of U.P. &
ors, (2008) 2 SCC 409 [Paras 11, 17 & 24] has stated that the Magistrate has ample
powers under Section 156(3) Cr.P.C. to monitor the investigation to ensure a proper
& fair investigation is carried out.

14. That furthermore, it is also well-established by a catena of authorities as laid down

by the Hon’ble Apex Court and the Hon’ble High Courts that for monitoring of
investigation relating to crimes committed by influential persons and persons who
have political influence, with the apprehension that they could derail the
investigation, the Courts in public interest have to take such a course in larger
public interest as laid down by the in the landmark case of Shahid Balwa vs. Union
of India & Ors. (2014) 2 SCC 687.

15. That from the above said conduct of the Investigating Authorities, it is clear that
they are acting hand-in-glove with Accused Persons and solely with the object of
preventing them from being brought to the book for the offence they have
committed and by tainting the investigation thereby making the case of the
prosecution weak and insufficient to carry home the guilt of the Accused Persons
beyond reasonable doubt.

16. That therefore, in light of laidback, callous and suspicious attitude of the Police
Officials in investigating the matter, it would be in the interest of justice and fair
play that the investigation in the said FIR is monitored by this Hon’ble Court.

17. That the Present Application is being moved in the interest of justice, and grave
prejudice will be caused to the Applicant if the same is not allowed.
 P RAY E R

In the light of the foregoing, it is most humbly prayed that this Hon’ble Court may
graciously be pleased to:

a) Monitor the Investigation under Section 156(3) Cr.P.C. 1973 in relation to the
FIR bearing No. 99/2021 dated 07.03.202 registered at P.S. Fatehpur Beri under
Section 406 & 420 IPC 1860: AND
b) Direct the Investigating Officer to conduct a fair and proper investigation in the
said FIR; AND
c) Call for the Status Reports from the concerned Investigating Officers in relation
to the investigation conducted in the said FIR; AND
d) Pass any further Order(s) that this Hon’ble Court may deem fit in the interest of
justice, equity, and good conscience.

NEW DELHI

DATED :
 IN THE COURT OF THE LD. METROPOLITAN MAGISTRATE (SOUT), SAKET
COURTS, NEW DELHI.

IN THE MATTER OF :

K.S.BAKSHI (THROUGH S.P.A. – S.S. JARRY

Versus

State & ors.

AFFIDAVIT

I, Satender Singh, Jarry, Aged about 75 years, S/o Sh.Surinder Singh, R/o 64, RPS DDA
Flats, Sheikh Sarai, New Delhi-110021, do hereby solemnly affirm and declare as under :-

1. That I am the Applicant in the above said matter and as such I am fully conversant
with the facts of the case, hence, I am competent to swear this Affidavit.
2. That the accompanying Application has been drafted by my counsel under my
instructions and the contents of the same are true and correct and read over and
explained to me in vernacular, and be read as part and parcel of the present Affidavit
and the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:

Verified at New Dlehi on this day of 2021 that the contents of the above
mentioned affidavit are true to the best of my knowledge and nothing material has been
concealed therefrom.

DEPONENT.