IN THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE,

JAMMU

Krishna Devi, Age 57 years,

W/o Sh. Sham Lal,
R/o Village Sure Chak,
Tehsil Mandal District Jammu.
….COMPLAINANT
VERSUS
1. Javed,
2. Shabir,
3. Muneer,
All sons of Sh. Gani,
Residents of Sure Chak,
Tehsil Mandal District Jammu.
…ACCUSED

IN THE MATTER OF: - An application in terms of Section

156(3) CrPC seeking appropriate
directions to the Incharge, Police
Post, Phallian Mandal, Jammu which
falls under the jurisdiction of Station
House Officer, Police Station,
Satwari, Jammu to register an FIR
against the accused persons under
Sections 452, 325, 323, 341, 504,
506 & 34 IPC and 4/25 Indian Arms
Act and other relevant Sections of
Indian Penal Code (IPC) for the
commission of offences committed by
them as narrated in the below
 mentioned paras and accordingly
investigate the matter under law.

MAY IT PLEASE YOUR HONOUR;

The complainant most respectfully submits as under: -

1. That the complainant is a law abiding citizen of India

having deep roots in the society.

2. That the complainant is an old ailing lady resides at Sure

Chak, Tehsil Mandal District Jammu and family of the

complainant an agriculturist.

3. That the complainant has sold the standing crop of maize

to the accused persons and later accused raised dispute

over the payment of the same.

4. That on 25.10.2023 at 9:00 am, all the above said

accused persons laced with sharp edged weapon and with

common criminal intention trespassed into the house of

the complainant, all of sudden all the accused persons

attacked on the complainant with intention to eliminate

her, the complainant received severe injuries on her body

parts and immediately approached the nearest hospital

for her treatment but the accused persons followed the

complainant and her family to the Primary Health Centre

 Sohanjana, Jammu. The complainant escaped from the

Primary Health Centre, all the accused persons alongwith

Saleem and Ghani had beaten the complainant and her

two sons at Primary Health centre also at 9:45 AM. Later

the complainant approached to the Police of Police Post,

Phallian Mandal, Jammu and Police brought the

complainant to the Hospital at about 2.20 PM where MLC

No.215 was registered.

Copy of MLC is enclosed herewith and marked as

ANNEXURE-A.

5. That all the accused persons threatened the complainant

and her two sons that they will eliminate them. The

complainant and her sons have apprehension that the

accused persons will again attack the complainant and

her two sons in order to eliminate them.

6. That all the accused persons have committed serious/

heinous offences and as they are liable to be prosecuted/

punished according to the relevant law of the land.

7. That if the accused persons are not dealt under law, they

will definitely succeed in their design to cause harm to the

complainant and her sons, as such, the circumstances of

 the case demand for taking cognizance by the Police

which alone can protect innocent, law abiding and peace

loving person like the complainant from the accused

persons.

8. That constrained by the illegal acts done by the accused,

the complainant approached the Incharge, Police Post,

Phallian Mandal, Jammu which falls under the

jurisdiction of Station House Officer, Police Station,

Satwari, Jammu with a request to register an FIR in the

matter against the accused but despite the receipt of the

complaint nothing has been done in the matter and the

FIR has not been registered till date.

9. That since no action was taken by the Incharge, Police

Post, Phallian Mandal, Jammu, the complainant

approached the office of Superintendent of Police, Jammu

South, Jammu by virtue of written complaint dated

03.11.2023 with the request to direct the Incharge, Police

Post, Phallian Mandal, Jammu to register an FIR in the

matter and on the same day the said complaint was

transferred to I/c, Police Post, Phallian Mandal, Jammu

by the office of SP, Jammu South with the direction to

enquire into the matter and necessary action under law

 but despite that no action has been taken by the Police

and the FIR has not been registered till date.

A copy of the said complaint dated 03.11.2023 also

showing the direction of SP, Jammu South is enclosed

herewith and marked as ANNEXURE-B.

10. That since no action has been initiated by the Police

against the accused as such the complainant is left with

no other option but to approach this Hon’ble Court

seeking the redressal of her grievance.

11. That despite the receipt of the written complaint made by

the complainant and also even after the expiry of

stipulated time, the Police Authorities have not taken any

action against the accused persons who are trying to

manipulate things and impersonate.

12. That the complainant is before this Hon’ble Court for

lodging the FIR against the accused persons for the

offences committed by them mentioned in the preceding

paras.

13. That the said inaction on the part of concerned Police

Authorities is not only prejudicial to the complainant but

is also against the settled provisions of law and is

 contemptuous to the celebrated Judgment of the Hon’ble

Apex Court case titled Lalita Kumari V/s Govt. of U.P. It is

humbly submitted that the Hon’ble Apex Court has held

that once commission of a cognizable offence is reported

to a Police Officer it is mandatory upon him to register an

FIR under the relevant provisions of law and proceed

accordingly. There is no occasion for the Police Authorities

to deny this right to the aggrieved person. However the

authorities have not taken appropriate steps and thus the

complainant is compelled to knock the doors of this

Hon’ble Court to seek redressal of her grievances.

14. That the offence has been committed within the territorial

jurisdiction of this Hon’ble Court, hence this Hon’ble

Court has the jurisdiction to direct the Incharge, Police

Post, Phallian Mandal, Jammu falling under the

jurisdiction of Police Station, Satwari, Jammu to register

the FIR against the aforementioned accused persons

under Sections 452, 325, 323, 341, 504, 506 & 34 IPC

and 4/25 Indian Arms Act and other relevant Sections of

Indian Penal Code (IPC)and in this behalf appropriate

directions in terms of section 156(3) CrPC are required to

be issued from this Hon’ble Court.

 An affidavit in support of application is enclosed

herewith.

IN THE PREMISES:-

It is, therefore, most respectfully prayed that

keeping in view the submissions made hereinabove and

those to be made at the time of hearing, the Hon’ble

Court may very kindly be pleased to direct the Incharge,

Police Post, Phallian Mandal, Jammu falling under the

jurisdiction of Police Station, Satwari, Jammu to register

the FIR against the aforementioned accused persons

under Sections 452, 325, 323, 341, 504, 506 & 34 IPC

and 4/25 Indian Arms Act and other relevant Sections of

Indian Penal Code (IPC) and in this behalf appropriate

directions in terms of Section 156(3) Cr.P.C are required

to be issued from this Hon’ble Court in the interest of

justice.

COMPLAINANT
THROUGH COUNSEL

DATED: 11.11.2023

(PAWAN KR. KHAJURIA)

ADVOCATE

(NITTAN GUPTA)
 ADVOCATE
IN THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE,
JAMMU

KRISHNA DEVI V/S JAVED & ORS

…Complainant …Accused

IN THE MATTER OF: - An affidavit in support of application.

I, Krishna Devi, Age 57 years, W/o Sh. Sham Lal, R/o

Village Sure Chak, Tehsil Mandal District Jammu, do hereby
solemnly affirm and declare as under: -

1 That the deponent has filed an application under Section

156(3) CrPC before this Hon’ble Court seeking directions
to Incharge, Police Post, Phallian Mandal, Jammu falling
under the jurisdiction of SHO, Police Station, Satwari,
Jammu to register an FIR against the accused persons as
the police authorities have failed to take action against
the accused despite the receipt of the written complaint
filed by the deponent before local police as well as
Superintendent of Police, Jammu South, Jammu.
2 That the accompanying application has been drawn and
drafted by my counsel on my instructions and the same is
true and correct.
3 That the contents of the accompanying application have
been explained and read over to me.

DEPONENT
VERIFICATION: -
Verified at Jammu on this 11th day of November, 2023
that the contents of this affidavit are true and correct and
nothing has been stated wrong herein.

DEPONENT
 IN THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE,
JAMMU

KRISHNA DEVI V/S JAVED & ORS

…Complainant …Accused

IN THE MATTER OF: - INDEX

S.No.Particulars Page No.

1. Application in terms of Section 156(3) CrPC

alongwith affidavit in support

2. Annexure-A
Copy of MLC

3. Annexure-B
A copy of complaint dated 03.11.2023 also
showing the direction of SP, Jammu South

4. Vakalatnama

FILED BY: -
Dated: 11.11.2023

(PAWAN KR. KHAJURIA)

ADVOCATE

(NITTAN GUPTA)
ADVOCATE