370

r03

Criminal Complaint
(hsdefined in section 2 (d) of the Criminal Procedure Code, Complaint means any
allegation made orally or in writing to a magistrate, with a view to his taking action under
this Code, that some person, whether known or unknown, has committed an offlence,
but does not include a police reporta2
Important Sections of the Indian Penal Code
-34 Common Intention
109 Abetment
120-B Criminal Conspiracy
147
323
3U ."_'., Hurt - with a deadly'weapoh
i::.
,' ,. .

325
''i2,6 '"": 'Grievous
Hurt wittra deadiy'weapon '

352 Asshult
363 Kidnapping
379 Theft
3v2 Robbery
395 Dacoity
\
4W Criminal Breach of Trust
420 Cheating
426 Mischief
47 Criminal Trespass
467 Forgery
494 Bigamy
498-A Subjecting Manied Women to Cruelty
s00 Defamation
504 Insult
506 Criminal Intimidation
very Important sectlon of the Negotiabre Instruments Act
 Izgal Drafilng 371

L In fact, it is the duty of the State to maintain law and order in the State."No citizeii
should be lequired ei$gr to go to a police qtption or chowkey or criminal court of
law for asserting his right, but on acboun! of innumerable reasons, the sintation is
such that it is the neea of:today tfiat gven for criminaljustice. Og9 ha"l tn appruach
onrv..'i*io.r.ourtsbyfi1ing;,acomplaint'...".--.,
- 2. ft b potice machinery should act.lvith q r4cire responsibility for a simple reason that,
; ilad the pglig.e qgctinery ininoia bie, endor".d *itt .uiiire, in&egriff ,ctaracter
i and ibility, oilY a change in today's law was uncalled for. Without more restraints,
' when the pglice.machinery iq proving to be inesponsible and malicious with more
-'l- l'-,"'*'-'vsr' "'
tlbrrty, *hut it' *iu do is ;;;J;; il;.-'-"-: .v",'^
";

RIGIITS OFANACCUSED T T/
1. The law Presumes that an accused is innocent until lre ol phe is proved guilty.
,

2. A person arrested shall be produced Uefori a niagiitrate iitt ioZ hours.

4. An accused cannot be cross-ixaminsd, lutlhr/rhr'r*'cross-eiamioe ftrrerr.

5. An accused has a right to fair and Speedyifriat,' If # cannbt afford a lawyer, the
Governmentmustprovidehimalawyer. ::'r :"!.
6, Hand-cuffs cannot be used unless the accused is of a dangerous character. If hand-
' "cuffs are used, the polic'b must explaiir ttre reason
to the magistrate.
.j. lt': '' .' , ..',i I -" lr: ...,,,'r,"',." ,

r)',1 . t:

ll

l. \ : ..

it t-:, :' i ,
 372

1M

Criminal Complaint U/ss. 32313241504 & 506 R/w.

Se.. i? of the Indian Penal Code

_.JU\.,
Shri-D frA_K_,'' ' .
r: ''1'1
age 35 yeais, occupation - service,'r

PUNE 411 011.

Versus
1. SM ',
_B _,J_P_,
i

. )
age 56 years, occupation. buiiness, )'

L . A goMPLAIN[ u/ss 323, 324,504

& 506
R/W SEC. 34 OF THE INDIAN
PENAL CO;;

The complainant abovenamed

submits this complaint, praying
1" That the complainant is a resident to state as follows:
of the withinmentioned adcrress,
and the said
owned bv the accused
No. I and ret our to tr,i, .o*ii.in-,;;
l;ffi'|]rr,.is
3. ffi ff,f#fl;"
?: T*T:nt
servant, peace-rover
and taw-abiding citizen.

ffiJ;:TlTl"T,;i3;
vasafp the said premises
within $:.*ffi:;'.j,.T:;::
a week;r;;.
il,,ffifiIl*, *
,.\ vt O\,.
4, That since fhic nn*-r^:--
this complainant
did not r/acate the
then apain on +L^ ^^-- .
;;ffiil: . said premises, the accused No. I

;IffiH,l:; ::::i ::il;ffi

the compr ai n ant
ji:
d th reatened
i: : ffI*:T,ff I'lI:,:
;; : ;i;:,ll;,:::: [l,J];l;, ffi:
an
 I*gal Draltlng n73

if the complainant were to fail or avoid to vabate the said premises before the end
of:'20' : ', :ii
5, :.Ihat:thecomplainant submits.that he did not vacate the said premises, and he was
not legally bound to do so.
6. That then, or at 6.30 pnn., when this complainant had been returning from
hiq office,to his residence, while he was entering the said premises , both ttre accused
-,
acqoste.d the-complainant and started abusing him in a dirty and filthy I angaage,and
even though the complainant tried to convince and tell them that what they were
doing was all illegal, both the accubed attacked the complainant and gave him a
number of blop,s with fists, and lastly the accused No. 2 gavea severe blow with
a cudgel/staff/ stick in his hand on the forehead of this complainant and thereby
caused a serious injury to the complainant, and the complainant had also become
unconscious.
7 . That when the,people staying in the neighbourhood gathered there, the accused
, stopped beating and they both went away, announcing and pronouncing a threat
that if the complainant were to fail to vacate the said premises within a couple of
days, he would be killed, and hence, this complaint.
8. Jhat the cause of action for this complaint first arose on and the same has
since then been every day thereafter, and hence, this complaint filed today is woll
' within limitation
-
g. That the offence has been committed within the local limits of the jurisdiction of
this Court, and hence, this Hon'ble Court has jurisdiction to try and decide this
complaint
10. That the necessary court-fee is paid herewith.
1 1. That the complainant, therefore, prays that the accused be kindly charged with and
tried for the offence punishable u/ss 323,324,504 and 506 R/W Sec. 34 of the
Indian Penal Code and punished according to law.

Pune, Sd/- DMK

COMPLAINANT
- Dated: _
Sd/-xXx
.ADVOCATE
FOR COMPLAINANT
374

,l VERIFICATION
I, Shri DMK, the present complainant, do hereby state on solemn affi

*ffifltli ff ff ffi* [*fr :*il;:*t "no'*oi ; ;'TJ] H

Sd/- DMK
COMPLAINANT

I
 375

rter 105

Complaint U/Ss.l;23 & S04 R/w. Sec. 34 of

Shri-B-B-K , ')
age 30 years, occupation - service,
)
resident of 100 Shitolenagar, Sangavi, )
PUNE 4fi Ozt. ),
"r .:,.t.1.,

1:
)
. .age 56 years, occupation - agriculture, )
7
) Accused
. age 25, years, occupation.- household,
)
3. ,)
,'ate 30 years, occupation - service
, . )
4. rshri-_s_K_A , :

ageZl'yeiats,occupation'-education, ' ,
) "- '

all residents of yeli, Taluka pathardi, )

,,,;, ; , : ACOMPLAINTU/SS323&504

...
The complainant abovenamed submits this complaint, praying to state as
follows:
1, , Th,at the complainant is a resident of the withinmentioned
address, and the accused
No. 2. is his legally wedded wife, while the accused No. 1 is her father and
the
,pcgused Nos, 3 and 4 are her brothers. , . i.
?' , Thaqlhg',cqmplainant is originally a resident of the. village Yeli, Taluka
Fathardi,
DistrictAhmednagar.
,
-:: !!&6
EI

pgat Drufilnt
376
for the
r *'withinmentioned
3'ThatonaccountofhisserviceintheBajajr,yw.Limited,Chinchwad,Ptne,6u
ueerlffi;;; ':::"
comptainant has presently
last five years' No' 2 in the Year 1S--, ald
-ied
malrl to the apcused
4. That the comPlainant.was

, tri*:;',:lilTili::i.:i,i:;
a*"ti
instance *"
*: ::i,:l'*:fi:""i}:;:ffitr
N"t' 1'3 and 4'theaccus
ll;
"
withthecomplainantforthe..l,",*'',andduringthisperiod,shehasallalonS
No' I only' .
been residing';ith thg lccuqed ,nm.d'uv
by this complainant'
co
*O i iot of iersuasion made his
6. That despite several requests the accused |'1s'
parents and also reconciliatl"i *; by the r-elatives-in-common'
wittinslv and
has
2 hai never turned up ro *n*, -!a f;::l{.1:-j io f 1o
complainant'
ih e pzgfrof thb
willingly retused to fohabit for no fault ori
to the rgque-qts and appeals repeatedry
7 . That in rhe mean time, instead of responding
madebythiscomplainantwithaviewlorestoringbackthenormalcyofhisd3melticitl
,with the urrorJNo. 2, the accused No.2 has filed a maintenance applibation fi

the pathardi court, and the same has since then be6nicclding'in:that court of law.
g. That even,though the said case between the complaiiiant and the accused No.2
is already sub judice, all the accused on their own'pursued'the complainant upto
Pune and thereby committed the following offence-.- .r'. " r :

9. That on Sunday, the,- of whep-thg gomplainant returned from

-,
his duty in the evening, got down from his company-bu1 near the Khadki Statiog,
-_20-
all of a sudden, he happened to confront the accused near the Excelsior Talkies
where the accused accosted him.
10. That the accused asked this complainant that he should be ready and willing to
pay asump sum of Rs. 1,00,000/- towards the maintenance
of the accused No.2,to
whichthecomplainantdidnotagree,and when thecomplainantparticularly
' ''
out about the pending court-case, the accused threatenecl
pointed
that if tt . .o*ilainant
to show his readiness and willingness
Yere before the court of law to cohabit with
*.?,^?, tk1 undo whirt they please, and,
:1,i-:.:::,
accused Nos' 1'
lfalr at rhe same time, the
'
j ]'and
4 gave blows on the person
him down on the ground jdiid
of the complain*'nra rar*r,i
whire the o,irr;..rr.o
the accused No' 2 was shnding
*rr. ;r#;;complainant,
nearby shouting and
ti: ttrht the bomplainant was ihju"rea, abusing the coriiplainant.
AinO; *fr;r'iiii
the help of the passers-by, he
triedtostandup,aIlth.accus,cIhadaIreaclybe"no,.oooeared.
 Ixgal Dratthrg 377

12. That the complainant was very much ashamed of himself when such a publie scene
was created by the accused, and he was, thus, torturecl by the accused physically
and mentally to a great extent,.and since then,,the,cornplainan I apprehencls thatthe
ascused may cause danger oq commit hurt to the coynplainant in future also.
13. That the complainant also made a compliiint:applica{ion !0 the.Y*adkt Baraar
Police Chowkey, with a request to glve him necessary help arrd prolec'tian,which

14. ,.Thatthe accused have,,thus, comriritled,an offenci: uf ss323 and504WW Sec.34

of the Indian Penal Code within the local limits, of;1h,e jurisdiction of this court,
and hence, this Hon'ble Coyrt has right and,jurigdlctign to !ry this complaintand

15. That the cause of action for this complailt first alose o, ..'..-, and the,same has
since thea been evgry day thereafter, and,.hen9g.llfif complainl filed today is well

16. That the offence has been committeO wittrin the local,limits of the jurisdiction of
this Court,,and hence,ghis Ho1'ble Court has jirrildigtion to !V
anO decide this
,..
complatnt
17 . That the necessary court-fee is paid herewith'
18. That rhe complainant, therefol.,p*yl,lha1,!"he lccused becharg3! with and tried
for the offence punishable u/ss 323 and SO+ B{W_ Sec. 34 of the Indian Penal Code

Pune,

Dated:
Sd/-xXx l

. .ADVOCATE FOR COMPLAINANT . :

I, Shri BBK, the present complainant, clq hereby state oij solernn'affinnation that
the contents of this complaint in paras I to 18 are trus ancl correct to the best of rny
knowledge and belief, ancl so I have sighed hereunclei.'

,
l.i':'r ' . Sd/- BBK
. . COMPLAINANT
,
 378

C 106

t: e' 34 or
criminar coTlg;;:9,ffi-3#
Thg lndlan,

HIGHLICHIS
other major religions'
l. Marriage is a sacrament in Hinduism and
would live togefhe
Z. When a man *i u *oran get inarried ,
it is understoo dthatthey

and share the conjugal bed.

3. ''Manu:'NeitherbyJr,norbydesbrtion,'canawifebereleasedfromherhusb-666n.
4. According to the Indian Horoscope,lhere is nocongept of
Two Husbands,trecause

it amounts t, i-.oratity; but the conceptof Two Wives *

-no:utrcommon.
5. It is said that "B ad sons are many, but there has never been a bad mothet'' . However,
bad husbands are too many, but bad wives are very few.
6. Husbands and in-laws are sinned more than their actual sinning.
7. Newly married women are sensitive - sometimes ultra sensitive, but they are not
always sensible. They have fallacious and misleading ideas, and sometimes, they

8. Section 498-4 is a stock weapon against the in-laws.

9' The in-laws and obsessed with their own'ideas, and they decline to
listen to good
sense. lf a person is obsessed with one idea, he says good
bye to his own cornmon
sense and loses touch with reality
10' An Indian wonuu isaonc-ManTJtpe,wr,reanIndian
man a riany-wonwn_rype.
REQUNEMENT Or SECTION 498.A:
1L. Shaw: *Thel-aw of Change is the
Law of God,,.
1'2' Tennyson: "old order changeth yielding
place to new, Lest one good
custom should

13' The ord traditions, though good,

are outworn, outmoded
cannot be,set back.
and outdated, but crock

THE OPERATION
SEC. 498.A
Ma*iage m av be a sociar conrract,
but family ; ;;;;-i
nor a contract, neither a partnership, ly i s neither an agreement,
nor a proprietorship,
company' nor a public limited neither a private limited
company' b,t
itis or;;-ns and
in ap respects a union

u
u
 kgol Dralttng 379

for unlimited private company. Maniage is a sacrament in Hinduism and other malor
religions. Besides the other objects, it should be first and last rcmembrefithat.when a
man and a woman get manied, it is prgfumgd thatlhey wguld.live trogether and sharre

the conjugal bed.

Manu's rule of law lhatneithe! by sale,nqr by,d.9s,pf(gncanawtfe be releasedfrom
Iur hwburd is not so untru!, and eveI ,today, !n many casgs, w€ find that as regards new
marriages, the in-laws are obsessed ryith theirgw.,qi{,eaq,.E.nd they declineto lisrcn to
good sense. It is true that if 3 person is obsgqsed wi1h,gpg i$.ea,he says good bye to his
o-wn common sense andv.ery often l9.sgs touch with rtalily, In Indian horoscope,there
is no concept of trvo husbands, fgr qs pel th.g unwritteu principles of Hinduism, such
a thought amounts to immorality. !f an aptrologer yQig,dpre to predict guch a case of
asuology,I am afraid, he would not be spared, but if he predicts a case of two wives for
a young boy, perhaps he would be b-e1terrryw, ar$ed on the spot. Swami Shankarachrya

rightly said that bad sons are many, but there has,n-qve,r,,been,a,bad mother. Howevet,
bad husbands are too many, but bad wives are very few.
The manimony necessarily pr€supposes the acceptance of an idea of a family
which in turn presulposes sharing the incomes, facilities and comforts by a group of
people. If looked into il from this poinf of yiew, the f4rqily itself would mean that each
of the persons is sacrificing somgthing for $e sake of others. This mutual sasrifice or
mutual suffering was the basis of the conqgpt of a famiJV and, therefore, leadership in
the farnily was also necessarily and conseqygntially recogmsed. Whether patriarchal or
matriarchal systems thosc ultimately were rysting gn the fundamental idea of leadership.
Therefore ,in afamily, someone was considered to be entitled to have an authority to
de*ideas to what others should or should not do as well as to control and regulate the acts
and activities of others. These restrictions or limitations were to be accepted by others
in lieu of the leader or controlling person providing protection, opportunities, facilities
and guidance to them. This was, then not a division of power or a division of labour but
promotion of mutual interests. The promoter did it our of. natural love and affection,
and the promotee too accepted it out of trust, natural love and affection, and hence,, it
obviously could not be a thing'that can every now and then be judged by a yardstick of
dry logic and hence could hardly be regulated by the provisions of law.
.
I
It was for this reason that the family affairs as far as possible were kept away from
law, or irl other and better words,law was not allowed to poke its nose into the family
qq-uitq, *O justifiably so, because the worldly considerations of profit and loss and rights
 re

380 k'gat Drafiing

-.i

and duties were not the zufficidnt explirnations'fol bringing up childrel by tt. paren!^r ,:i
r.'.. ::- .', ; : 'F

lookin! after the old-age parents by'the'children or protection of a spouse Uy u

r*-.,^oi'
this Ua'ciiffind has
!'ii.i rirc to what'was known as the family privilet. *i,.iil:|i
those acB in the nature of chastisement of a child which otherwise would
h.r;;:q
lorts:r drimel Those also were iii the nature and form of matrimonial ,il;.:i.
wfrich legaiilierfer,Shc.e berween the spouses'was barreo. so, the grievan..
of ;-?*,.'oy,i
a[out ill-treatm"nt oi rrrn manhandling *ur'ignorrd until they had decided
,"ii#.$1:
:[LTi:Hfr;;l:,Tffi,,T*;li:H',,mt;::ff
great
- , :-
exten!,beiause if
:fi
a spouse were to continue to cohabii and yet to initialise
xfjffi
c#ffi
Hifr *:,f l;*:,,;1,'.,.rJ"'*
n;" *o *i; l;ilil ;ffi H'tffi
o."i*.'"ithe srrength of the bonds of famiry rerations, ,n.
., :'i;;;il;.
suffering, mutual affections, mutuar ,r.rin."
,rr#i
egotism, and the people with ,*d## "*or. *r,
and protection rraagiven
riberty having ur.o*, more uro il#;6i#
had ttott'd thiowint
ooirio,"Iimitati-on
limitations' To ado io "*o
without going into fir" ob3ects gi;jilfi
*tr, *r *, ,o.*,; *'t r;tr,orri rir.-*.*
evolution j,*.r, ;;o 6, i"ilil'#,, t
resurt of which the famiry system
as a
of cotlarerals has become a thing
n., urolcen aoJn, rrdffi I
outlawed' and todav's residue oi T fi: t*,..
ii. ,**;, #;; In_,u*, a* irriaay, ,,

ur. originar ,"0"; liri;

chiidren' Perhap', *r
ffi;,r'on,, sptiusi:s ihiii
lls Thor "*.tr-rion
;;;;r, reft the young ,pourrr,ii, tiJii:,
::1':'_'_" :ompanv
for a[ the time, *o ut tt i, ;;;.*rd, rhe abovemenrioned ractoit,
:'::::l:s lnore
sharprv. rn some of the
*r*,;; habits and vices;ffi:Tr*ril
worse rore, and as the
;*;;;re
,o*"oth;;;. dl ;:il;iillil
::::::11,::l.r:1a
wr'es rn some of the cases was effect of arr
brutar, wh,e in
of the wives n::de the matrimoniar
,;Jro
ffi ffiffi#
, ,,,
.

privileges
barbaric. iriir:ii,,il
srarted.the mor.men, oi,n.
*Jo;;;ether cailed as rhe womei,s iittii
anv ^I:': name,
^-,, other r.::iiil:I:
. *rcrion in itr.ir *u, ur*uys
militance has become m,itani"r:"^:r:,:;:.:,;;n
a docizil *or.*r1 ;"il;*and
for resrrictions on the ,fiirti
husbands, actions made uv *"*r"t""u;;il;;;: era of a
rule of philosophv required rure of vores rather than,a,
the legislat;;;r;n"l,n",.gisration
of the Indian'Penal Code. Ttiis of section +gg-.A
prlvision n.s ,"**"oe it possible for a wronged wrfl
*" r#;it*.
::"T::r:ilTol:*1"
orDu rrr4utr rt possl'le tor
the wrohged
ro bring her in-raws rn
h^^,- -. ^ --^,,ioinrr h,s
women io p,r, ,rr, ;ffi;;*;:il"u-i*ro ,,

$
 Legal Dra[ttng 3gl
that more attention is attracted by these cases of the investigation machi nery than eyen
the..gases of homicides,,.To this extent, it is good that justice has been clone to them.
However, the study and,analysis of a gymler of meclico legal cases show ancl sugge,st
ttra! qherever,mStrimony ryguld qot go all right for oge or the other
leason, tha stwk
weapon wguld be- Sec!i3na98-A, and eveq though such alegalprovision has become a
Uo1 t9.th3 g|1ed women? it has simultaneously been proving to be abane for
rywlY
the innocent in;laws: .Ff!,n iq
Fof cape! wherq some fault does lie on the side of the
wifg or hgr,pa5enls o1.,whgre those were the cases of.mutual disliking, thewife'aetuated
bv malicious motives
,-1 "... i- of harassing and torturing hr in-laws does resort to Section 4gB-A.
The old principle that law should be very slow while dealing with family matters has
been totally traversed, and today in the 498-A matters, the police machinery is more
active than in homicides. Without any verification of the facts to a satisfactory degree,
alTests are made, and newspaper publicity takes the matters to such an extent that every
such action makes the restoration of or reconciliation in matrimony impossible- This
is bound to cause further disruption of family relations even between spousc"s and is
likely to require a reasonable and anticipating person to choose even for relationship of
contract marriages or exfia-marital relations.
Justification of the provision of Section 498-A cannot be made by saying that ttre
police machinery should act with a more responsibility for a simple reason that, had
the
police machinery in India been endowed with calibre, integrity, character and ability,
many a change in today's law was uncalled for, and, at least, Section 498-A rvas not at
all essentiat. So without more restraints when the police machinery tvas proving to be
irresponsible and malicious with more liberty, what it will do is not a matter of guess.
In today's world of disintegrating societies, failing moral standards and loss of
characters, society will have to be strengthened the family with a live social understanding,
which is possible only by strengthening the family system. Therefore, the better use of
the medico legal facilities at the hands of magistracy without giving a free hand to the
executive is the need of time. Otherwise, the gain is much less by doing one thing thrut
the loss by the other. .
Indian sociologists have started to think that since Section 498-A is having more
anti-social effects than the fulfilment of its objects, it is required to be rcmoved from
the statute books. Despite all these defects, we have to accept that the old traditions,
though Bod, are outworn, outmoded and outdated, but clock cannot be set back and
hence its requirement can be justified for the very reason that as Shaw said,, "The Law
LX E -\

382 bga[Drafttng

of Change is tlie Law of God".It is further suggested byTennyson, who addsthat,,gq

order changeslietdin|phcb to new,lest one good. custom should comtpt tlu wor14,,.
While considering the major demerits of the provision of Section 498-A, it
should be borne in mind that many times, the newly married lryomen ue sensifive q
sometimes ulha-sensitive, but they are not always sensible. They have some fallactow
and misleading ideas, and very often, they are found to be ar aballuctnatingstage.
il
such cases, the husbands and the'in-laws'are sinned more thanthetr alfialsinning,ag4
Section 498-A in one sense or the otherhas nowadays become a stock weapon .Ur*i
the inJaws. However, we can all unanimously that this already.r"ro.a,;il
-
"grrc --vu
should be further
-:
amended.
: t
' , , ' '' :
"' :

' i.

1.

I l:

,J
r
I
 kgalDrafitng 383

CRIMINAL COMPLAINT U/S 498.A R/W SEC.34 OF

:l

IN TITE COURT OF THE JUDICIALMAGISTRATE, FIRST CLASS,

: Criminal Complaidt No. ' JzO-

"': Smt: SrA D-,' ' : '" : )
i' 'r ' age 25 years, occupation - service,
:.i,.,:.
) 'Complainant
resident of C/o Shd DAD,75 Kasba Peth,
,.. )
PUNE 411 011. )
Versus
:-
ii. :.- . ', , ' r '. r ''

business,
,i,, .r i.;3ge.30:year$.,occupation: )
2. Smt., " B.-A--D-, , i.. ) Accused
':"i:rr ,,age 55 yeam, occupation . household; '
j ' ) :

'1 i''',', ;both residents of'l5OAundhgaon; , . ) : ,i ' .

PUNE4lr007. ) :;
- 'r ':';' '
" "-'"
.
:

-:',lii..'
A COMPLAINT U/S 498.A
I.,1 ',. .: ":. .r. ;: .' , ...: ,,. '. . ':
'r,'-':. 't .rir, :',,.
R/W SEC. 34 OF TIIE INDIAN PENAL CODE
:-i, ,.,.i 'r . . I

.' I
!. . , : .

i .
t ,'
The
I
complainant
I abovenamed submits this complaint, praylng to state as follows:
1. That the,complainant is the.legally wedded wife o{ the aqgtlSed No. 1. and the
:. accu.qed No. 2 is the mother of the latter. , , ,

2.
. ...,:,:.That the complainant was married
, .-'r, . ., rl , 1.to the accused No. 1 at Pune on according
,,!o the Hindu religioll, vaidic rites and cgremonies. : . :, i -
: ,,
:

,,,
3. That before the marriage, the complainant was known ,by her. maide_g name as

,Klrqrari.Komal.,,, ,. r; ,. .:. : ::
, , , ,..,. , ,.

4,,, That in the celebration o{,the said maniage, t[re. parents of this,complainant did
,,.,; oygrything,without requiring the accused to ppend anything on any account, and
even though the father of this complainant is from mediocrity, all the customary
, : r, gifts and presents were given to the accused and their,near relations. ,, l

I,,,, Thatsince_thecomplainanthadbeeninGovernmentseryice;shehadherown.savings,
and after the marriage, she had kept the same for herself at her matrimonial home.
 kgal Dra/tltrg
384
after the marrage,when rhe comprainant and
6. That on the second day imrnediatery
this comprainant was
been Mahabreshwar for honeymoon,
rhe accused r.{o. i had
s'ocked to krro* and accept
it as a truth that the accused No. 1 is alcoholic, and
he is a man of many vices'
Mahableshwar, this complainant complainedWthe
1 That rvhen, rftr, ,eturn from
the pa*of theaccused No, 1 ,shepaidno
accused No.2 aboutthe misb-ehaviouron
heed to the siune, and it took no
time for this complainantto tealisethattheacqsed
accused No' Lcossetad.him
No. 1 being the only son and scion of her 1T,u1t,the
not allow this complainant
like anything and further that the acgused No. 2 would
to say anything againsthim or both of them'
8. Thatwheneverthecomplainanttriedtoopen hermonth abouttheindiffetentattitude
and misbehaviour on the part of the accused No. l,lotn
'y.-*:"t:dtoil|'tr,exthe
accused No' 2
complainant and the accused'No. with common intention of the
11

to suffer
had been creating heavl mental tensions and subjecting this complunant
fault of hers'
excruciating mentaliand,physical,tortures and misery for no
her parents" and on many
9. That the accused did not allow this comglainlnt to go to
she wffi also not allowed to
occasions, this complainunt'*ui tturved bylthem, and
talk to neighbours.
10. That it is respegtfuUy:qubmitted fo5,thq kind
information of this Hon'ble Courtthat
upon the misbehaviour
,ornrlainant und hg parents tried ttreir bestto improve
*,
of the accused No. 1 by requesting the accused
No' 2 to do something rvith a view
unfortunately' nothing of this
to bringing about, at leaSt, some improvement, but
of responding positively' started
sort could happen;and both the accused, instead
a loose end of their future'
to behave still differenuv and ultimately reached
cultured and of a
11,. Thatthis cornplainant also submits that she being edttcated,
efforts in this respect,
,a'p"roate clan, she has made ail sincere, devout and fervent
final bonclusion thatnorv nothing
but she is so unfortunate that she hab come to the
coulcl be done in the matter'
,this complainant was confinecl to a clark cell in
the
12, Thaton .* ancl 20- - not only
,house, ancr srre *ab girrn,no foocl ancl even no water, ancl the accused hacl
as rvell as physical
beatnnthe comp uilrn;ntup but also subjectecl her to mental
'
cruelty in an inhuman manner.
t0
t3. That since it has becdme totally and practically dii'iicult tor this complainant
: stal bn further with the accusecl, she was compelletl to go;to her parents' and stal
I i ..

'j
 38s

there against her and also their wish.

14. That the cause of action for this complaint first arose or and the same has
since then been every day thereafter, and hence, this complaint filed today is welT
-,
rvithin limitation
15. That the offence has been committed within the local limits of the jurisdiction of
'this Court, and hence, this Hon'ble
Court has juriscliction to'try and decrde tfus
complaint
16. That the necessary court-fee is paid herewith.
17. That the complainant, therefore, prays that the accused be kindly chargedwith and
tried for the offence punishable u/s 498-A R/W Sec. 34 of the Indian Penal Code
and punished according to law.
j,.

Pune, Sd/- SAD

COMPLAINA}.IT
Dated:

Sd/-xXx ":
ADVOCATE FOR COMPLAINANT
,]
YERIFICATION
I, Smt. SAD, the present complainant, do hereby state on solemn affimration that
the contents of this complaint in paras 1 to 17 are true and correct to the best of my
knowledge and belief, and so I have signed hereunder

:'. .i.l
Sd/- SAD
i,". "' l
COMPLAINANT

:
 386

107
-'
'' t- ' ' i

Criminal Complaint U/s. 494 R/W Sec' 34 of

;iThe Indian PPnal Code

IN TITE COI.]RT OF TIIE JUDICIAL MAGISTRATE, FIRST CLA^SS,

(AI{TI.C0RRUPTI0NC0URT),PUNEAI,PI]NE'.'..
l,

.r!.:.i.-,,. l, ,.,r.',-',1r.:,:,i ,,i''..'.,,. ll.;; '.ii,',,1'l , ", '",, '

,r.
;,.,,.1i ri:ri-,,.,', ,,.,i.,, , .,, ,- ',. . .. r.'Criminal,QomplaintNq'-J20
Smt.-D A-S-, , , )
age25 years, occupation -service, ) Complainant
resident of C/o Shri DAD, 175 Kothrud, )
PUNE 4L1.029:, _ ; ,,,, ;.'. ,.,..., )
Versus
1. Shri-D-A-M-, )

2, Smt.-D-A-B-, , . r.-;,,;.: .:.;i ,.,..,,) , r,.,-Accused

age 55 yeais,occupation - household, )
3. Smt. D-A-R-,'.,.r, .,',.,,j ;r )
'?go20 years, occupation., educatiol; ':.:;, 1,,.::.,:.iii.::
.; ":': r.]) ,t , . ,, . i

allresidentsof320Erandwana; ':-. , . )

A COMPLAINT U/S 494 R/W SEC. 34

OF TI{E INDIAN PENAL CODE

The complainant abovenamed submits this complaint, praying to state as follows:

1. That the complainant is the legally wedded wife of the accused No. l, while the
accused No. 2 is the mother and the accused No. 3 is the second wife of the accused
No. 1.
2. That the complainant was married to the accused No. I at Pune on _ according
to the Hindu religion, vaidic rites and ceremonies.
 l*gat Drafiing 387

3. Thul beforg tl,re marriage, the complainint was known by her maiden name a's
Kumari Lata, ahd'likewise,the'accused No. 3, before this second marriage, was
.alsoknown.byhermaidennameas.Pata.,..:].;',i':':,]..,
4. Thatafterthemaniage,thecomplainantandtheaccusedNo. I cohabitedtogeiherfor
about three y€ars. However, during ttre existence of their marriage, this complainant
could not biget a child, and hence, on that count, the accused Nos. aidZwerc I
nervoris and unnecessarily offended for no fault on the part of this complainant.
5. That this complainant submits that last yotr, in the month of June;the accused No.
I told this coinplainant that she should better go to her parents', at least, for a few
days for a medical check-up, and under that pretext, she was sent to stay with her
parents.
6. That, thereafter, the complainant No. t did not either come to take back for
cohabitation, nor allow her to do:so, and'thus,'the accused No. t has deserted this

1'. That this complainant learnt fro*"rrry reliable sburces that the accused'No. 1 is
going to contract marriage on with the accused No.3 at the remote place near
Katraj, and the ceremony was, fi xed to be carried out in a bu ng alow of one, Shri XYZ.
8. That accordingly, this complainant lodged a report with the Sahakarnagar Police
Station, requesting them to tretp ttris complainant, and the police did try to do so,
but they could not register the offence committed by the accused for the reason
that the venue of the maniage was changed.
9. That, however, this complainant could know the changed venue, and she collected
all the details with a view to registering the said offence.
10. That this complainant states and submit that the said second maniage between the
accused Nos. 1 and 3 was celebrated in the Ganesh Mandir, one km away from
Katraj, which took place on at 6.00 p.ffi ., and about 100 people were present
for the said marriage.
-
11. That while celebrating the said marriage between the accused Nos. 1 and 3, all the
religious ceremonies and rites were performed.
12. That the cause of action for ttris complaint first arose orl and hence, this
complaint filed today is well within limitation. -,
13. That the offence has been committed within the local limits of the jurisdiction of
this Court, and hence, this Hon'ble Court has jurisdiction to try and decide this
complaint.
 la

388 l*gal Drafting

14. That the necessary court-fee'is paid herewith'

. ,t I L^ l.:-.llr
i' ' .-,let,
r aharnar{
l

charged
15. That the complaiiant, therefore, prays that th1 accused be kindly with and

tried for the offence punishable u/s

g|fulw sec. 34 ofthe Indian Penal code and

,i (

; YE- BIFICATION ,-
I, Smt. DAS, the present complainant, do hereby state on solemn affirmation that
the, contents of this complaint ir.r paras I to 15 are true and cprr,,egt to the
best of my

knowledge and belief, and so I have signgd hereundet' ,

j '" I -
l' -t . - 'r"

COMPLAINANT, ,,

i,il

,,;t

r i.!

,l
 389

108

Ciimiriat Complaint'U/s. 500 of The Indian Penal Code

i:;

, DEtr'AMATION
,, .] j
1,.

DEIAMAflON & RIGHT OF PRMCY: ',

1. DefamalOn iq an attack on one's reputation/honour. A newspap.er may3,publish a

trick photograph which shows one in an indecent posture; a short gtor)t writer may
weave a piece around one's private life, or a hostile neighbour may be phoning
everyone to say that "you have trouble with your husbmd'], They are all liable
for
defamation. Alleging that a woman had attempted to commit suicide; that she is
is impotent
seductress of other's husbands; is immodest; unchaste or queer; that she
or a.drunkard - Atl these amount to defamation.
2. Section i00 of the Indian penal Code says: "Whoev:r defames another shall be
punished with simple imprisonment for a term which may extend to two years, or
with fine, or with both". Sometimes, defa^mation is contained iir ironical phrases
or expressions. For instance, a. man says, "Monika is a loyal wife; she does not
love her neighbour, Sanjay". If this is intended to mean that she does love Sanjay,
; i' itivould amount to defamation.
3: Censure,in,good faith by a person having lawful authoriry over another is not
defamation. A mother reproaching her daughter, a teacher scolding an unruly
student, a judge censuring a lvitness are within the exceptions. It is not defamation
: to comment in good faith on tlie public conduct of public servants-' It is called a

DEFAMATION IN CIVILAW:
the
4. The aim of civil law is not to punish or imprison the guilty but to compensate
person defamed. In civil law, defamation is the "Fublication of statement,
which

tends to lower a person in the estimation of righfthinking members of the society

' ' 'generally, or which tends to make them shun or avoid that person"'
 rc
390 l,egal Dralting

A CRIMINAT COMPLAINT U/s.500 & 506 R/W SEC. 34 Of TIIE INDTAN

PENAT CODE
.J

IN THE COIIRT on THE JUDICIAT MAGISTRATE, FIRST CLAss,

,.,
Criminal Complaint No. _JZA
Shri-B-A-R-, '-.''
',
)
age 45 years, occupation - service,
) Complainarl,
resident of 777 Sadashiv peth, \'
,I
P{JNE 411 030'.

Versus

,,,,.S*r. R_A_B_,.'
I

age 35 years, occupation -

2. Shri:._A_B.'R_, ' ",' service,
. Accus€d
age 40 years, occupation - ,. :,.
, seryice,
,, both residents of 555 Narayan peth,
, P{INE 411 030. , :, i. :

A.COMPLAIT{T U/SS .5OO &

RYW SEC.. 34 OFTHE INDIAN
PENAL CO
The complainant abovenamed
submits this complaint, praying to
state as follows:
1:: i,

Since the- lnct rrrranr.,G..^ ---

*;;i;;;ffiffi;;:,ffi;*ffiHr
nf l\rfo^L^-: ^^r rr , , ;l,1".;'-,'*Jffilli'
su .{r I
-\DDrsLalllL

years. ,,
;;*;,''J#,llnTj
) That the accused No' 1, who is
the first wife of trre accused
service of the said rechnicar Educati
No. 2, is arso in the
on Department and i
in Physics' while the accused
s now w orki ng ., ;;:il;,
No. 2 is,,working as anAdministrative
*''rrrD*dLrvtr \Jr'wvr *' the
officer at -'-
sassoon Generar Hospitars, pune. ,
3. That as a colleague of this complainant
at the said institute, the accused No. I
also used to visit the residence
of the complainant and
thereby developed domestic
rs'rlry uuua$Iu'
r'D family
his occasionally and ,

intimacv rxrirh tr.o* .,

 kgal Draftlng 3gl

{. , That subsequently, when the accused No, Z contracted a seco#.ryqugq with

i, ,
olr.:Y,:_t_l*+U*, who,is also working at the gassoon General Hoqpitutr, hrne,
as a StaffNurse, the accused No. 1 started to narrate to this complainant and other

, ,aallqag,pes
intheirinstitutethqnewstoriesandtheindiffepncesthen beingdevetoped

, , Ft**n Qoth the accused, an$ 4f-qo.unnecessarily expected the compl unittotake
interest in the same and to do something on her behalf and in her favour, but taking
into consideration the very natutg o{ s-ugh family 4ffairs, the complainant rg{usv-d
1o inlerfere
wi$,the l11rre apd paid no heed to what the accused No. I was then
saying to him, which rightly or wrongly offended the accused No. 1, and this has
resulted into difference of opinions for no fault on the part of the complainant.
5. That as a result of such an indifferent behaviour on the part of the accused No. 1,
she made a false complaint to the Principal of the institute and also to the police,
alleglng,tha! lhg complainant teased her, and when there was an enquiry made in
the mattei, it was found that there was no substance in the said complaint, and
similar were the findings of the police investigation also.
6. That during the period of the last six months or so, the accused No. 1 with common
intention of the accused No. 2 w.rgtg five angnymous,letters to,the,ggmplainant
with intimidating and obscene language to the effect that his ten-year old daughter
will be kidnapped, raped and murdered,, ,

7. Th3tlheqomplainant pcgordilrgly reported the matter to the police, and from,their

preliminary investigations, it was revealed that those anonymous letters have been
written or caused to be written by the acguped No. 1 with.cgpryon inJentign,qnd
in league with the accused No.2.
8. Thaton acqountofthese threateningletters andfalse,fabricated,imaginary,baseless
and defamatory allegations made by the accused, the complainant and the whole of
his family havebeen defamed andare also under constanttensions and tortures,and
they apprehend that the accused may further indulge into such criminal activities
and cause danger to the family of the complainant.
9. Thatthiscomplainantalso submitsthatall suchillegalactivities indulgedintobythe
accused have threatened the'security of the family of this complainant as a whole,
and hence, it has become necessary for the complainant to book the accused and
file this complaint against them.
392
.. forthis
r-- ^r^:^ complaint
^^--r^.r-* Gr.or , on
first arose thas since then
10: That the cause of action -:'?ld
hence, this complaint frle'd
roday is well
been arising eYery day thereaft.r, und

within limitation'
rr., it thelocal
"'tritterl within the
ut rhe offence has been committed
tiftl of the iurisdiction of
has jurisdiction lo try and decide
this
this Court, and hence, this Hon'ble Court

is paid herewith'
12. ' Thaithe necessary court-fee ....se,r 6e kindlv charged with and
f,e UnaV-cl
tf"p1o'e' prays tn"tfT::*sed
13. ' That the complainant,

to law
Code and Punished aicording

Sd/- BAR
Pune,
j
COMPLAINANT

ADVOCATB TON COVTPIETNANT

VERIFICATION
' I, Shd B::, the present ;rr*,,;" r**,
coml state on solemn affirmatioo^*u

paras 1 to 13 are true and correct to the best of my

the contents of this complaint in
lief, and so I have signed hereunder'
. SdI. BAR
COMPLAINANT
 I
l
I

393 .tI
I

j
j
I
I
I

,:,
'Crifiipat Complai4t U/s,,1$8,of The :Negotiable Instruments i
I

Act & Section 420 of The Indian Penal Code

!
I
I

t20_
' r.t . ,ii.
.,
Complainant

..',
. . 11151.119M8NTS ACT & SECTION 420 OF
_
1"':, .
':.

THE INDIAN PENAL CODE

| -.:. '

t.
st

for the last ten years

ess rp betrveen the comp and the

 I.e 1at
Drafihrg
39+

Amount Drawil
Date of Invoice
Sr. Cheque
No, in Rs.
No. No. Cheque
_.tl '9osmos
'1.12,200: 450' 11,0001:, Bani
l. MH- 12450
Mah. Ban[
2351 21,0001-
'l MB- 11000 2.12.200..
3458 4A,0001- lanata gan[
3. JB:345763 8.12.200,.
3400 8,000/-
4. cB-r2345 12,12.2A0.,
^i{;:. , .Grand Total 80;ooo/-

5. That rhesbmplainant submits and sayg tlat,lhe abovementionecl cheques we*

issued by the u..usrd at the time of delivery of goods and materials supplied b
him by the complainant, with an implied promise on the part of the accused that:'l
onthepreSentrnentoftheiecheques,theywillbehonoured.
6. That, however, all these cheques have been dishonoured by the bankers of the
complainant,and thesame'havebeenreturned tothe complainant with endorsement
. ti _ j',
' .'.';

"Insufficiency of Funds in the Account of the Drawer".

i .. ,'.
7. That the complainant says that had the complainant known that the cheques issue{
bytheaccusedwouldbedishonoured,thecomplainant wouldneverhavedelivered
the materials and goods to the accused.
8. That the complainant does hereby reiterate that the cheques rvhich were issued
by
the accused in discharge of his liability have been dishonoured
for the reason of
insufficiency of funds in his account.
9. That the complainant is also surprised that since
the date of dishonour of cheques,
he has been making serious and sincere
efforts to contact the accused person"ally,
but unfortunately the accused has been
at large and not being available, and his
whereabouts are also not known to
the compla'inant.
10, Thr-ttaking into consideratio,
suclt a typical position
createcl by the accused,rhe
complainant has come to a tacit conclusion
nni olro inr..r.,t trrat ttre accused took
the detivery of goorrs by deceiving
the cheques knowing it fully
ancr ctrearing ,r,. ."*pr;;;;;.;;,
issued
wett Inat he haclneither
sufficient balance in his banli

ffiJ# ;:l};iff ;f;'1" ";;il; il;ffi .li,l' *, c recr iti n g the necessarr

11. That from the total,bchaviour

on the part ol the
accusecr, it is apparent that he is not
only liablc civilly but also guiltv
"i rn. criiiiiiii,i uiie.ces untier rhe provisioi:s of
 Legal Draftiltg 395

minal I aw s particul arl y under sect ion 420of the Incli an Penal Code I 8.60 anciunder
cri

sectiorr 138 of the Negotiable Insrrumenti Act 1g91.

l2,.,.lThaftheqh-equgSw,9[epteseltedtpl[ig.$nkersofthecomplainanion' ,thesame
were retprned tq th.9,gomplainant,on
,, - for insufficiengy of funds in his account.
. 13. Thatthecomplainanthas accordingly servedanotice,dafed
' -,ontheaccusecl,
dem?$dipg pqym9q( qf.the,,s.qid amount o{ Rq. 80,0001- , but the,riccused did not do
so, and hence, thiqlqgmplainti : ,. ,.'^,. , ,

14: Tt1* thq caus9,9t,lg$on,for,tllis,complaint first arose oD _, and hence, this

complaint filed today is well within limitation.
15. Thattheoffencehas been committed within the locallimits of thejurisdiction ofthis
Court,andherye,ql{pHon'bleCourthasjurisdiction!otry and decidethis complaint.
16. That the necessary court-fee is paid herewith,, . ":'
11. That the complainant, therefore, prays that - :

(A) The accused be charged with and tried for the offence punishable u/s 138 of
the Negotiable lnstruments Act and also uls 420 of the Indian Penal Code
and punished according to law; , ,: t, :,

(B) This complainantbeawardedfrom the accused the said amountof Rs.80,000/-

along with intere st @ !87o p.a. from the date of tne issue of the said cheques
till the date of payment; and., . : ,
(C) Any other orders in the interest of justice be kihdly passed.
Pune, Sd/- STD
COMPLAINANT
Dated:
ir

Sd/-xXx
ADVOCATE FOR COMPLAINANT I

'

VERIFICATION
I, Shri STD, the present complainant, do hereby state on solemn affirmation that
thecontentsof thiscomplaint'inparas l to 17a(etrue,andcorrecttothebestof my
knowledge and belief, and so I have signed hereunder

Sd/. STD
COMPLAINANT
3e6

l.
110

193'463'5931 504
A Criminal Cpmplaint U/Ss'

IN THE COIIRT OI'THE JUDICIATMAGISTRAIE, FIRST CLqs,

(couRr NO.4)' P-UNE Ar' PUI\rE
Criminal Complaint No. ....12fr
\\
,

)
age 60 years, occupation - retired, ) Complainant
resident
-. of 1000 Sadashiv Peth, , )
Pune411 030. )
l
Versus
a-'
1,l
1.

age 45 years, occupation - business,'

residentrof 1500 Naravan Peth.
Pune 411 030. )
Mtthalwadi, Pune 411 051 )
2.
.Shri ISD,) , .

age 50 years, occupation - service,,

resident of 500 Shukrawar Peth,
Pune qn OOZ.
3. Shri PCO ,
age 40 years, occupation - service,
resident of 300 Alandi, Thluka Khed,
District Pune.
Shri PUC,
age 42 years, occupation - service,
resident of 300 Alandi, Taluka
Khed,
District Pune.
 kgalDrafting .- 3n
A COMPLAINT U/Ss 1g3,468,,503 ,
504 81 506 R/W SEC ,I+ Of
TI# INDIAN PENAL CODE

The complaiga.nt aloyelamed submits thii complaint,praying to state as follows:

1.
,:"That- the. comnlainant ip resident of
, :'i ", ',,""';-;.:-ii-'
" ., the withinmentioned
'.:.-.. '{ address, and the said

n ".1il'.'oroeert.I.i:ow49dbyhim..,-..i..'.i.;
T.hAt the compiainant was in the service'gf a private company, and since the last
,y9aI,hetookvoluntaryretirement.'.,"
.':" --
:. .i . _,.r . . :, .'..',1, I -. . I
. o ^. .

3. Thatthecomp|ainanti1.apgace.loverand!aw-abidingcitizen.
4.
fhat the complainarit owned and possessed a plot of land bearing No. 2, out of
Sutuey No. OO, Hissa No. 6, situate in the revlnu- vittage Alandi, Taluka Haveli,
District Pune.
5. Thatthe said propertry was originally purchased by the Late fatherof the comolainant,
and hence, it an ancestral propgrty owned and possessed by the complainant.
is
6. That the complainant being a heart patient for years, he decided to sell and dispose
of the said property with a view to raising funds foi his medical treatment.
7. That with that point in view, the complainant actually decided to dispose the said .
.."pIotoflandinthemonthofSeptember'..........

8. Thatthe accused came to know about the sale of the said property, and accordingly,
all the accused contacted and personally met the complainant only in the mbritfr of
'
September . .. ...., wlth a proposal to purchase and acquiie the said property.
g, , That after having ripeated visits made by the accused and then frof Oing ,Lr".ul
meetings, it was proposed that the said plot was to be purchased by and in the name
of the accused No. 1

10. That as per the terms and conditions worked out by and among the parties hereto,
the price of the said plot of land was fixed at Rs. 3,70,000/- to be paid by the
accused No I unto the complainant, and it was also agreed that the said amount
of consideration was to be paid only by cheques.
11. That before entering into any agreement in writing, the accused No. 1 on his orvn
and sno motu paid unto ihe complainant an amount of Rs, 51,000/- by a cheque,
e]en though the complainant was hesitant to accept the said cheque in the absence
of any agreement in black and white, but it was only the accused No. l, in support
 *%

t"egal Dyfrttls
398
to accept the
of the other acqqsed, who ilsi_qt9{ onrhe ::T'tt"ant said
che^ ,

transaction in between them has Ueeo

.ra\ing itfor granted that the proposed
: Oirtfluc,
intention of the other u..ur*,jn1'lY,
f Z., T1rat lhrn, r['r u.r,11rd *O_ l, with comrnon
to his idea to the effect
his mind ,no uppr*s to have given a thought *#*
us",?f,:rlt"b:?}:99tef i}-r9splgtof th".,g,o;;;il
:o:r,1be.a,{e1lro.nmtnl
, instg3dofa'sale-deed. .,,, .i -,.,,
13. "That'it'was'alio'drrur,rd'and pioriiised by ttreaccusga No''.r iri consultation,i,. ,
qheother accusg.d that the period for the comRleliol of project ,rodd,;;i'I
|he
'the aicui.a iri"ir be t*o ybarr, bui all ihe paymenf of the fixed .onrio.ruil;1,h.
Rs.3J0000/-, shalt be pai{ by theaceyfd qlpo'ttre complain*, *,riih Jlrlft
iil: il9tlthtl
9dy from the date qf rh; ;ifitio1 of th, arGtopment-agreemenr.
it was also agreed by a1d between the parties io execute a power oiuitol.n.,, i
'4. ",,ft"l
at'the tim" of'tiiaagierineni'rli a;ndtopment, *d thr'u".rr.i *.r.eotTrl ,

o1 y:*?v el9clte.d bv,th3 compr ail ant, th ou

8h ri
il,ffi:?rf#r::i I *;.
t', ., ., the ac.rttd No. l aloh! with the otheru.gur.a telephoned the coryrpl;jilfi
ln]lon
whel he was then workins,l s,aying that rhe complaiir;i6
lT,:T;e remlin prelent
.

i' . .
^. . ------J.'
1g9oi.1alv gigce (rl urri ffi-*"";oil,
in the \rrut.s
rrvevuL ru Jull-reglslrar,
Lrrv or*; r""JoT;tlil rlaverr No.
16' ' That accordin$Ifl,
E;: t.';- ','.1 ';:-...', r'r t-.n: I m;pune.
when the compiuii,iint visiteil ,r,"'Irn"" ;i,utro:'il;i,i,
Ilavel!
Io,'I,Pu1e, I :30 p:*: lhar day, he'was'reauy shock.oio t .;rJ fi#
at

li:::ro yr"Go*r'
coqnr ui n4t to ri gn
power of anornev, which ar trre
lnioevet 9nm**-.**, ;;i *ffi,;
accuseo naa arcaoy tapt rJad,
f*;#t;ffi ili#o
.- It , Sub-Registrar, HaveliNo m, prral;;;;;d;'-:-^-:.ii::ffiiv' '

17 ' Thatthe complainantrespectfully

submiqs rortt , tioa;rriir",io, or,nij Hoi,h,
i

Cou rt that he had'nb know t

and except an( slve a simple
ed ge Lr'rr.n .ryt d;;
"bb"ffi ffi ; ffi t;d'i:
. commirment onhil;;;;;d;ffi;;;;;
had no reason to listen to the
dictating,.*"or-,he accused. ..1 i .' r, 'l

1 8' rhat the complainant being of ve*"*;i

signed the requireo o"ir;iio,
o.,uffi;H:;
a
rn*,.[$d.dientry
ng
*ni;i ilfted had
19 ' That since the said documentr
n.a
arready nrJollri ir,1*
ffi;;;" rodged with the Sub-Regis[ar,
l'"T.ilrl; llY': ii$ 1.,,.0;;;ri ;;u*, thi s compr ai n ant ai a not g,r

il1,*:,1,'. t}'J:LTffiit*ll*I*Hilxfit#r.
 Lagal Drattlnr 3gg
,
20. Thatwhileexecuting the suid doouments,theaccusedNo, I withcommon intention
of the other accused pretonded that he had no time at his dispos al, and therefare,
the said documents should have been signed and executed then anel therc only.
,l That even though this complainant demanded the accused No, I to givehimaa:rg
of the documents to go through before,his signing and execu tion,the accvsdpaid
no heed to the request made by the complainant, and thus, the acsused No. 1 along
rvith the other accused became successful in his malicious plan and design playet
'by them on the complainant.
22. That after the execution of the said documents in the offrceof the Sub-Registrar,
Haveli No.,[I;Pune,the accused asked ttreeomplainantto go hontewithoutgiving
;an1l cop), saylng and promising that the copies of the documents would be given
,to him a little'later,,which the accused didnot do for armonth or so.
23. :That when,the accused No:,l:was avoiding to give copies of the'documents, this
complainantmaderepeatedrequests andappeals to theaccused,andthus,thecopies
were provided,by the'aicused;''." ;';) 1..,.i'.' i: ::',
u. That on the receipt of the copies,of.the documents, this complainant was shocked
and broken.into,pieces,to know and,note that:the amount of consideration was
rmentioned fio,be Rs.,2,00,000/- instedd of ,Rs. 3J0,000/:, as it was agreed by and
between the parties. 'i ',: : . : ''r) '...'.''.. t.1:. . rIi

25. That'when complainantasked the accused No. 1 about the same, he explained that
. for the sake of income-tax, etc., he has preferred to mentioned this lower figure,
which was totally illegal and not agreeable to the complainant.
26. That the accused No; 1 also assured and told the complainant that even though
the amount of Rs. 2,00,0A01- is mentioned in the document, he rvill pay the actual
amount of consideration, i,e. Rs. 3,70,000/-, to the complainant, to rvhich this
complainant did not agree. ;

n. Thatthe No. t has actually.paid unto the complainant a total amount of

apcused
Rs, 291,0001- by four cheques of Rs, 51,0001-, Rs, I ,00,000/- Rs. 22,000/- ancl
Rs. 18,000/-, where the accused No. I was to'p&y a sum of Rs. 3J0,000/-.
28, ,Thatthe accused No, I told the complainant that the remaining antount of Rs.
, L,69,0001- will be paid by hirn unto the cornplainant in cash and in instalments,
but in spite of the several demancls made by the complainant, the accused used to
, tantalize,the'complainant and did not pay anything, 1
 . ,,-jr-_..'

j
"rr "'

a00',i' .
..: Legal'Drafii\g

though' the'accused 'No' ! dfd not make any more

payment'to the
2g,,,fitat'even
--' ':complain
ant,heused to give big prbpisqs'thal as it would be possible for him, he
*ouia make the payments, but {or that purpose; the,complainant should extend
' ,,.rrre{sary'cooperaiion::pysignilcaf$lankvoulhls.'.. , ,.,,.
"'
''' ',..'
30. That in the circumstances; the;accused No-.,1 managed !o get seven blank vouchers
signed by the complaingnt;'even,the complainan{,did not actuqlly know as to how
.. -1.'- ''.1.: ..

.theacc.used.rta5g:ggingtouse.the]same.i,,,
gl. That the:accused No. 1'hadrilrealX,taten over the possession of,the said,piopp4y
along with the original gapegs tfrereof inA,udiqg NA order; city survey ex ttact,T X
' ,,:;12:ei['iet, etc., oirly;at,the time,gfjgiviiigilhs:gheque:oels.5]000/: o1 ..;';.'..:;.,.,
r . and.he had accordingly,r *rg,wortr of the,Proposed construciion on the
"*ea
saidpropertybVsubmittingbuildingplansto*iePuneMunicipalCorpqration,,which
I. 1 was Canctioned bj theauthorities'onl,,.,;.,.'..r; and-the actual work of constntction
'52;.'.Thaton
the sameidayof .;;..,;.. at9.00 pm.,theaicusedNo.,ltarheto the residence
; of,the complainantand,freated a scene ofoffence; 1,,',' ._, i'.,, _,,, _, t_,had
33,:, Thit before,going:'totthe residence'of the complainant, the,accused,No.
:..:..,.';,''...,--..,,..j.i'.,:,.,...,1.:.::...i',.,:'.
-t
: , :
his namd'and keep ready a non-judicial'itamp,paper of Rs. 50/. for the:pupose'of
remaining payment;andimmediatelyonarrivingintheresidenceofthecomplainant,
'he
took'the posSessiiiir' of the stamp"papei,
- - andrimmediately started threatening
:- :
the qomplainant and,his wlfe to lhe effect that the,complainant had handed over

1 .& bogus NA order, and hence;.lhe accusdd,was put to hgayy losses, and therefore,

'tihe accused:No,1 should,be,paid'and'compensated O, i+mri*er-est on thi amount

.' ':of Rs.2,01,099/-;pnid by,the:aCcused No,'1 to.the complainanf, .. ", ,', ' '
34. That at the time of threatening
. . cbmpiainant and his wife, he removed the belt
the
..,,:_...- i:....,-" :_
of his pants and was about torbeat theni with the same, but siircerthe coniplainant
.'' and his'wife'did not have any money, and they were not obliggd,to,pay anything
to the accused No. 1,the cpmplainant and his wife being under threat and coercion
promised to pay thq accused'No. I a sum of Rs.48,000/-, as was
calculated.by the

the next day for the collection of tt

lttt- "lu*orir,
and accordingry, ,rr. **qra
: rJ. iU _.
I,v-_v, v,i

l
35' 'Tharat the time pf thE collection of the said arnount of Rs. 48,000/-, the
aciused
No' 1 {so got the signature of the complainant on the stamp paper,
which he had
taken from qhe complainant' and brought to him, cluly
*ritten with the contents
showing that the accused No. I had received the said amount
of Rs. 4g,Nyl- by
*ay.of intelelf @ 24vo on the.amount of Rs, 2,0r,0001-, and
, stamp paper signed by the cornplainant. ,
he took awayr the
:_ --. .

36; 'That the acetised.'No: 1:'qent a registered letter, dated to the complainant
, to.the
effect thatrhe was already in receipt of the amount of Rs.
4sga;;i" i;;#;
z|Eo,and for the next period,of 90 days, the comprainant shourd
rur rna rn;
accused'No. 1; a sum'of Rs.32,000/- as interest @ 247oon the
basis;of the earlier
'"payment. ''.' ,r '*- i.":'' "

37. That ths complainant sent a notice, through his advocate, on .. ... , to the

' Rs: 1,69,000/- remainihg balance of the transaction plus Rs. 48,000/-, rvhich
the
accused No.' l had illegally usuqped fiom the complainant on
. . . . .: . . .; but instead
of making any payment, the accusecl No. 1 offered a very false reply fraught
- rvith
fllthylanguage: : , - :
38' That the accused No. 1 was also served with another notice by the complainant

obscene
language,
and also sen! xerox copies of seven uoo.rrerr:;;*;;;
n 'the'complainant:wai
in receipt of the amount of Rs. 3 J0,000i-, out of which Rs.
2,01,000/- received by cheques and Rs. 1f9,000/- received by cash.
:

39. That on one of the cash vouchers, the date of receipt of the amonnt of Rs. 1,00,000/-

and fabricated, too. , :

40. That as the accused No; t has since then never paid a sinlle paisa unto the
,9..9mplainant save and except the saicl amount of Rs. 2,01,000/-, as aforesaid; this
:"C"omplainant
was required to file a civil suit bearing No. 221200-. in the court of
,tfie Civil Juclge, Srnio, Division, pune. :

41. Thatthe said civil suitrvas clecided on...... by the Hon'ble Civil Juclge, Senior
Division, Pune, awarding an amountof Rs,2,f i,000/- rvith iuterest d 9VoO,u.
Ito the complainant-plaintiff, i.e. Rs. i,69,000/ as due ll
frorn the accused No. 1 ,iout
r
' 'of the total consideration of Rs. 3,70,0001-, which the accused No, I did not pay,
' evel,though;itwas binding and incunbent upon him to do so, and Rs:48,000/-,
 zi,,

I,

,1't
Il\i:
tegal Draltlng
402.
I had usurped illegally from the complainant by force and
which the accused No. ,

:. ancl the interest due thereon '

coercion on ... .,..

42. That during;the hearing of the said civil suit, the accused
No' 1 used to file
, documents in support of his illegal claim and such type. of demand such as ttrree
, fabricated vouchers, out of which
one was dated
for Rs' 1 ,00,000/-, and the
same rvas further fabricated by overwriting the date as ... andthefabncatd
and bogus receipt, dated .,, showing the figure to be Rs. 3,700001- rnsl.f,ad'
of Rs.2,00,000/-.
43. That,during, the hearing ,of the said suit, the Hon'ble Court disproved the
abovementioned fabricated evidence produced by the accused No' 1.

4. That in support of his bogus claim, the ascused No. 1 examined the accused Nos.
2 and 3 as the witnesses for the defendant-accused No. 1, boldly showing that the
accused No. 1 paid the amount of.Rs. 1,69,0q0/- to this complainant through the
accused Nos. 2;3 and 4 by four different,cheques drawn in their names, who had,
, in fact, no concern of whatsoever nature,with.the actual transaction.
45.- That the complainant submits,that this,fact mentioned in para.... above was
completely disproved, when, at the instance of the complainant.plainti-ff, the
, concerned bank officials produced the documentary evidence in the Hon'ble Court.
46 . Thatin the hearing of the said suit, the accused Nos . 2 and 3 have furnished their false
affidavig-in-examination-in-chiefs in support of the illegal defence of the accused
. No. 1 tothe effect that they have paid an amount.Rs. 1,69,000/- to complainant as
per the instructions of the accused No. 1; but their affidavits-in-examination-in-
chief have been proved to be totally false.
47 ., . That since the accused No. 1 did not comply with and obeyed the orders of the
Hon'ble Civil Court, this complainanrplaintiff was conshained to filed execution
proceedings for the recovery of the claim, vide Drakftasr No. 1t t/200... against
the accused No. 1, and the notice of the same has been served on the accused No.

48.
I very recently.,
ThatwsoonuNtheaccusedNo. I receivedthenoticeofthe Darkhast,healonggi$
s
rti
, and in'common intention of the other accused have
started to create problems ffid
dangers for the lives of the complainant and his family.
49, ThBt the'complainant also submits for the kind consideration
of this
cgurt thatall the accusecl are of clangerous nature, nncl
they have been threateSg,
and intimidating this complainant constantly,
ancl since then the complainant and

'i
 kgal D1afri1g 4O3 .

his family have been under very high.tensions:and tortures, and the complainant

, partic}l,arfy afqo,sybmi6 that,there, is ev.ery danger to,fiq.,.life,os well as of his

family,andhence,thiscomplaipt'.],..::,,,,,
50. That it is hereby reiterated and submitted forthe kind consideration of this Hon'ble )

Court that since the date of the order, judgment and decree passed by the Hon'ble
Civil Court, as,o.q .....:. ., the accused No. 1 in common intention of the remaining
accused Nos.,.2,,3j.q$,-4 started not only to harass, ill-treat but also to threaten
and intimidate the complainant with dire consequences that if the complainant
were to insist on his claim as decided and ordered by the Hon'ble Civil Court, the
complainant and his family would be finished and killed.
51. That the cause of action for this complaint flrst arose on ........ r., and the same has
since then been arising every day thereafter, and particularly from the time offiling
the Darkhas, on . . ... . the notice whereof was served on the accused No. I

on . .. . .... , and hence, this complaint filed today is well within limitation.

52. That it is also submitted that an EIR was accordingly lodged with the concerned
police, but unfortunately no cognisance was taken by them, and on the contrary,
the policemen advised this complainant to approach a criminal court for filing a
private complainant, and hence, this complaint.
53. That the offence has been committed within the local limits of the jurisdiction of
this Court, ffid hence, this Hon'ble Court has jurisdiction to try and decide this
complaint
54. That the necessary court-fee is paid herewith.
55. That the complainant, therefore, prays that the accused be kindly charged with and
tried for the offence punishable u/ss L93,468,503, 504 and 506 R/W Sec. 34 of
the Indian Penal Code and punished according to law'

Pune, tsADl
COMPI,AINANT
Dated:

Sd/'x x x
ADVOCATE FOR COMPLAINANT
 :qq

404 Lcgal Dialting

..i'. ,'' '-'' ' ., 1 ., , '.: YERIFICAIION

I, Shri SAD, the present complainant, do hereby state on solemn affirmation that
the contents of this'complaint in paras I to 55 are true and ionect to the best of my

:, tsADI

. l.: r

il:

r.i

i
1
 445

111

A Cqqblaint U/Ss 323,504 & 506 R/W Sec. 34 of

IN TI{E COURT OF THE JUDICIAL MAGISTRATE, HRST CLASS,

(couRT NO.6), PrJhlE AT PUNE

Criminal Complaint No. ,...J20-

age 30 years, occupation - household, ) Complainant

. resident of 900 Raviwar Peth,) r " ' .

' , "'Rrne411 002.) ,

, ' Versus l

I. Shd B. .N.........K......,.:., ) .,

resident of 500 Guruwar Peth, )

Pune 4ll002. )
2. Shri V. .B.........V........., ) Accused
age 4A years,occupation - service, )
resident of 550 Guruwar Peth, )
Pune 411002. )

age business,
45 yearc,occupation - )
resident of 585 Guruwar Peth, )
Pune 4ll W2.) .,1'

A COMPLAINT U/Ss 323,5M & 506

RIW SEC. 34 OF THE INDIAN PBNAL CODE
 1406 kgal Drafilng

The complainant abovenarned submits this complaint,

and the accused ji

I . That the complainant is a resident of the.withinmentioned {dlr.gps,

3.
and their children. i({

th,Pune411002is o*'i$
4. Tt Attt "t 9qs.eiprgpqrty.begripg,g-Is No.525;GuruwarPe l$

by the family of the complainant, and the same isr[g the name of her father-in-lav. :'111

5. Thatthe said house property was purch4sgd by the father fnllaw of thecomplainantll{
in the year 19..;.,,.and.rin the beginry.ng;the family;of the.complainarft,lilso usedto i
J ix,l.,,l,-1$6,1 '
f"ffi
reside there fr
."' .;.i.-.'.
. ":" ,,,',,,,,r'..:.j i!.1,,.'t. ',:'
:'
':ti

'

6. That,however,due to theincrease inthe numberofmembers;inthertamtly,theyhad

numberofmembers,inthe,family,theyhad
to shift their residence to the withinmentioned address,,and hence, the said house
property at CTS No. 525 Guruwar Peth, Pune, remained vacant and unoccupied

7. That in the circumstances, the accused'along rvith othqr persons approached the
father-in-law of the complainant and requested him to allow them to keep a Ganpati
. .1

idol in the corner of the said house property, saying that such a requirement would
be only for a very short period of about six months or so during which they rvould
make their own arrangement.
8. That the accused also told the father-in-law of'the cornplainant that they have
tas
formed a manda.l under the narne and style '1vetei Young Mandal", .{nd all the
functions and objects of their Mandal are only social and religious.
9. Thateven though the accused had told the father-in-larv of the cornplainant that
their Mandal is formed, registered ancl hacl such objects like'social and religious,
on further enquiry made by the members of the family of this complainant, it had
subsequently been revealed that no such mandal was either,fcirmed or registered,
and such illegality and position still exist with the accusecl till toclay.

'10.':/'Thativhbnit'Wasnecessaryforsomeoftlremembersofthecomplainant,sfamilytoi
1''lr-;',shifitiaikto the saicl premises for'use'anclroccupation, the accused
were requested
the Ganpati idol which they hacl put in
the corner of the said premisosi'i
::::,r*:
usu4use tlle memDers of tne complatnattt's tamily being religious and of Gro',;
',S
,"..4i
 Legal Drofilng 4ry7

fearing nature felt it that there should be no domesticity continued in the presence
of a godly idol like that of the Lord Ganesh, the accused sftaightnway refused to
do so, and they avoided to concede request made out to them on one or the other
ground;
11. That the accused claiming to be the members of the saicl so-called "Veer Young
Mandill"didnot,thus,removetheGanapatiidolaspertheirpromise andassttrance,
even though the father-in-larv of the complainant repeatedly asked, requesled
and called upon them to remove the Ganapati idol from the space they hadbeen
occupying for the same.
12. That despite the fact that the said so-called "Veer Young Mandal't in general and
the accused in particular had no right or authority to let the Ganpati idol remain
in the space olned and possessed,by the family of the complainant, the accused
created tense atmosphere and terror, saying that the Ganpati idol of their Mandal
qrill not be removed from the said premises wherein the accused had, ir?urt, been
' trespassers and acting in the name of the.so-calied Mandal.
13. That taking into consideration'the very'delicate position of the family of the
complainant because of their being belonging to the minority class and, thereforeo
they have been foreigners to the,Pune locality, their family had no guts to do
anything against the accused for the purpose of getting back the peaceful and vacant
possession of the small premises, which they were occupying for the Ganapati idol
andin the name of Hindu religion:
14. That this issue of occupying the said small premises was being of a very sensitive
nature, which ultimately caused emotional and religious effects on the family of
the complainant,the accused took only firll and all the disaclvantage ancl continued
to misbehave all the time.
15. That during that period and especially in the absence of the members of the
enmplainant's family, the accused also had alreacly locked the rvhole premises
owned and possessed by the complainant's family and, on the contrar]; started to
obstruct the real owners thereof, which deprivecl thc complainant's family of their
use and enjoyment of the saicl premises.
"16. That as a result of all this, the father-in-law of the complainant ancl all the farnily
' r i came'to atacit conclusion that the accused would not keep their rvclrcl and may not
I , porhaps vacate
the small portion of the saicl premises and rvoulcl not remove the
illegal lockthatthey had puttothe saicl premises, the father-in-law of the complainant
 Legul Draltlng
408
a civil suit bearing No ' 2000119
was compelled and constrainecl to file "' al

tlte accused and some other pelsolls'

accusecl, the members 0f.
11 . That from the total misbehaviour on the part of the ..,]
complainant's family realised that,even though the accused
hwe 'been s
and preteudirtg to serve the cause of society by tlteil,lafiicip1tion fhroueh
Ganpati festival, they nre not all. religious but their n{ure agpears to be.ficti
and slippery.
18. That the civil suit bearing No. 2000/19... was decided by the Joint Civil Judge, J
Division,Pune.on .......,rcstrainingpermzurentlytheaccused-defendantsfromdi
the possession ard enjoynent of the cornplainant's family.. :

Thatitisrespectfully submittedfor,kind and sympatheticconsideration,infi

and notice of this Hon'ble Court that even though the said civil suit was decided
favourof the plaintiff,i.e.thefather-in:law o!this complainant,they could not
.,i
to go on, not-only on the said'small portion of.the,said premises but also the saii
premises as arvhole; andwhenever sorne attempts 'qere made by the complainanf
family to do so, the accuserl always used,tq threaithem,and also caused Cri
intimation for the lives of the family meinbers of this complainant.
20. l'hat taking into consideration.such a strong legal,positioh:of tfr",.o*pfainant,j
family, nothing could be doneby them touse,and enjoy their property-only ciue
,
the constant threats caused,by the accused.
21. That since the orders passed by the Flon'ble Civii Couri could not be'executed
i
good faith and were resulting into infructuous position, the father-in-larv
of
complainant,finally filed execution proceedings/ Darkltastin the:Hon,ble
Courtoi
the Civil Judge,.lunior Division, Pune, rvhic.h is pencling
antl sai:7 ttdice,but sinci
due to the old age of her father-in-law, this complainant,
as his lawful attorney, i
been attending the said Civil Courr throughout.
)) That it is also submitterl for the kincl infclr:nration
that rvhenever the saicl Hon
'court' has been attencled to by the comprainant,
she being the attorn.y in rt. ,
mattnr of the execution'proceecliu gslDurkhast,
the u..ur*d still used to tlrreat -'
23. :l1l: :"i:.lr.:ces
in the evenr of e'rer.ing rtre soid pre,ntr.;;;;;;.
Thatiit is also submitte<l for the
kinct inforn-.,otioi, oi* ililil;, tharffi
: :1rE
been making Jitlse attempts
ou rlris cornplainanr for rvithdrarving thff
:::,'i:1tave
.
:ll'. f i:]"::l
r:'i
^u,r'1J
o t" *: r'ai I ir: g w I r i ch tt,

yyuurLr,us :
suDJectert by the acctrsecl
ffi ; ;;';;;r*ooi
i, .o,of t
.-.'.:.r to suffer harciship and daqgef ,,
 ' lngal Drafiiny W
24. That on :... .: .. .i, when the complainant, her mother-in-law and her elder co-sisler
had
gonetothesaidpremisesforsom ePooiapuqpose,astheyhavealwayshadverysensitive
ii feelings and such raith ttrat ttreir said prbmises are the real and genuine source of their

' progress, weal and'welfare, the acdused on their own removed the lock, whichthey
rrrri i'had put to the said premises, but
then and theie, they not only abused the ladies but
' also thieatened them and hlso caused a false and bogus criminal complaint to the police
i ''' with Sec. 34 of the Indian Penal Codeiagainst these ladies including this
r"/s 448 read

complainant, and while doing so;they had successfully managed the things with the
t-
concerned policemen and hand in gloves with them.
25.' That'the'said criminal complaint was decided on ..... by this Hon'ble Court,
hcquitting on merit the ladies including this complainant there being no substance
in the said complaint made by the accused,'even though it was'caused, by and
' throughthepolice. :.i ',
26'. That even though the said'criminal complaint was also disposed of by this Hon'ble
-. Court, the misbehaviour on the part of the accused has never lessened or improved but
, the sirme has since then been increased day by day.
27 . That it is also respectfully submitted for the kind information and sympathetic
consideration of this Hon'ble Court that since then, the accused huu. op.nly ,turtra
: to threat this complainant in particular and other members of her family in general of
: dire consequences to the effect that if any one of them were tb dare to enter the said
premises owned by the complainant's family, they would be beaten up and killed,
'and hence, this complaint.

28; That it is furtherrnore submitted for the kind consideration of this Hon'ble Cour[
that whenever any of the accused happens to meet the complainant on a road, he
'' 'i causes severe criminal threat and intimation towards her, ancl since then, the lvhole
familyof thecomplainanthas always had been unclerheavy mental tensions,torfures
and excruciating agony, and they have always hacl been and constantly subjected
: to such tortures caused by the accused, and hence, this complaint.
29 . That this complainant submits for the kind consideration of this Hon'ble Court that
"I she had also made a complaint to the police on ,. . . .. ., but they have not taken any
' ''' cognizance of the same, and as such, the total situation has since then gone from
bad to worse, because the accused have been more active and prornpt in indulging
into such illegal and criminal acts against the complainant and other members of
her family.
 ,410 I-e,gal Draftlng

ft at as aresultol
cally thatas
specifically a res ult of merctalmisbehavi*,':
the total
30. tle complaina't also submits specifi
Thatthecomplainantalso
That
on rhe parr of the accused and due ," !T:1":::::':'*i*1l1,l11ouses uft;ilr
caused by the accused, the
and criminal intimidatiott and constantthreats
in-larv of the complainant recently diecl qn
" ' "' and hence' this
31. That for.the purpose, of protection and qafeguard of the complainant and her
intimidation caused by the accused,
from the illegql activitles, criminq! threatp and.

police, butno cognizancethe;

,coqrplainantalsomadecomplaint;applicationq to,the
has, been taken by, them,, and hence, thip cgmpl.ainj, i, 1"'-',

32. That this complainant has also'made one more complaint to the police, reporting
illegal acts and ttreats given by the accused to the complainant and some other rlernt
.espgsialfV ladiesfrom herfamily,butitappearp thatno cognisancethereof has sofE
takeq,by them,and hence,this complaint.,, ,;r r ,.r ..:
33. That this complainant respectfully submits that since the orders of acquittal
by the Honllle criminal court,,the aqc}sed.qppeal;to have,been at a loose
and lhe complainant is afraid
-h4q.1helacculgd are,ready to do and undo
as per their sweet wish, and in the interest of natural justice, the
complainani
herfamily be kindly safeguarded and pptected frorn the dangerous and
ileg;
-,
and criminal:threats and intimidatio.n causgd by.the;a9gused,. . ,..-. ,, '
,,, ,,,-,
34. ,That the comprainant submits thalthe aqgqqed,gith unJ
ip"o**on ir*irioiil
started to create problems'and dangers for,the
livep,pf,lhe cornplainantiand:
I I

35 ' That the complainant also submits for the

kind consideration of ttris tton,ute,c
'-l

of.dangerous narure, and they have

:T:,T,,i:::t1 ,.t: u.r" ,r*""rirg
and since then thecomprainant.and
her family,have been under
-'. very trigh
"'"tn'ii.;il;.
" and tonqrgg'
ang tOrtures, and
aq{ the cOmnlai
complai nant particularly
narri n,,t ^-,,, ^, ^ ^ _--,"
al so submits that there ir .Jrry_oufr'ffi
ro her rife as,we, as of he1fam,y,
36'
and hence, *ri. .o*;;;.-r"'"^"""':**ri
lrave,committed an offence u/ss
:ll',jli:.1hr
Sec. 34 of the, ir::r.d
Indian,penal
323.504 anrr 506
,504 and 505 read rvi
rvirl
Code. , , ,

37. Thatthecauseofaqtionforthiscomplaintfirstaroseon,..

o"y thereafte,,
ilT:,ftr i;lfrffi il,,.o o* ;;;;, ;;,; ;;;ffi,,'i,.a,
'l

it - -'i - -'.:"lr 7'tjr --*

 kgal Dratting 411

38. That the offence has been committed within the local limits of the jurisdiction of
thisHon'bleCourt,andhence,thisHon'bleCourthasjurisdiction totryanddecide
thisco14plaint....-,.'.,...'..,,,..
39. That the necessary couqt-{ee is paid herewith.
.40, .That the complainant, therefore, prays that the accused be kindly chargedwith and
tried for the offence punishaple,q/.sqr]23,504 and 506 R/W Sec. 34 of the Indian
'._,,t.l.:.,:r
P9naICodeandpunishedaccordingtoIaw.1;,
r:,:;: -.;'.
r. i ,. , j. Q ...

,|,,

.':'.".t''.''
Pune, I S.........G.......:.P........,]
,; , , ,; , ,. ,C0\{PLA{NANT l

:. Dated:
" '
..,., ..' .' I :.

Sd/-xxx

,:
VERIFICATION
I, Smt. S.........G...-.:'...P...'.....;., the-present complainant, do hereby state on
iolemn affrrmation thht thb contents of this complaint in paras 1 to 40 are true and correct
to the best of my knowledge and belief, and so I have signed hereunder.
'

i, ,i-;"-'i.:rr.. ): ,";'...,,4, r: :, -. , ' ,' .

j:i, .
-.,', r
1s.........G. .P.........I