IN THE COURT OF SHRI SONU AGNIHOTRI,CMM,

KAKKARDOOMA COURT, DELHI

PROTEST PETITION/ NO. _______ OF YEAR 2014

SANJAY ....COMPLAINANT

VS.

SHO OF P.S. KALYANPURI &

IO SHIV MURTI YADAV ....RESPONDENTS

IN THE MATTER OF:- FIR NO.105/15

U/S 306

P.S. KALYANPURI

PROTEST PETITION AGAINST THE FIR NO.105/15 U/S 306,PS.

KALYANPURI

Respectfully showeth :-
1. That the Complainant is Sanjay S/o of Late Tejvir resident of RZ-1414,Road
No.26, Tughlagabad Extension, New Delhi-19

2. That the Complainant sister named Usha had been living with her husband
Mahesh and with two girl children at the Matrimonial home at 5/311 Trilok
puri,along with the Father in-laws, mother in-laws and brother in-laws and sister
in-laws

3. That it is alleged that there had been always taunting and harrassment on
dowry demand and on the issue of gave birth to two girl children by husband
and in-laws of deceased. Being the only sister the Complainant's family
succumbed to their small small demands and tried to settle the issue only to save
the marriage of their only sister.But when they raised the demand to car they
didnot able to fullfill such unjust demands.

4. That the Complainant's sister found hanged on 18-07-2014 at her matrimonial

house at 5/311 Trilok puri,after seven years and 6 days of marriage.When the
relatives of Complainant reached there they found the deceased Usha's body on
hanging position. That there were big public was gathered and police was also
present there in big number. But the family members ,especially husband and
her in-laws were not present there. This matter of unnature death in a
suspecious circumstance is reported by various News paper too.
5. That when the Complainant and his relatives saw their sister in hanging
position, seeing the body they understood that accused persons killed their
sister and hanged her on 18-07-2014. There were nails marks on her chin and
there was bluish and red marks on her right upper cheek just down to the eye
ball, there was other injury marks on her both foot .

6. That Complainant took picture from their mobile camera at that time and they
have proof. That the feet of deceased person-Usha- were on the floor, her knees
were on bent mode, her eyes were close as well as her mouth. It looked like she
was sleeping. This proves that she was killed and then hanged because people
who are hanged, their feets don't touch the ground or knees are not bent.

7. That the Complainant mother Omvathi and brother of deceased Usha named
Raju also gave their complaint statement to the SDM on the same day of
incident. But all their allegation has not come in the statement and the statment
was not read over to them before obtaining their sign. Thae copy of said
Complaint was received by the Complainat only after one month of said
recording of the Complaint. That the Complainant tried to loge an FIR at the
Kalyanpuri Police station, however the police did not accept the request to file
FIR and has not even started an investigation.

8. That the Complainant made repeated oral submission to SHO without any
avail.Then the Complainant have sent number of complaint letter to Kalyan puri
police station SHO, the DCP of north West Delhi via e-mail, Registered post, on
23/8/2014 . Till date he has not received any reply from the part of police
official.

9. That the Complaint also filed a RTI for seeking information from police
officials in this regards and the Complainant even approched the Public
Grievence commission as well as NHRC in futile.

10. That finally the Complainant sought the court intervention by filing a
complainant U/S 156(3) in the Court Of Shri. Sonu Agnihotri CMM, Kakkardooma
Court on 15/09/2014.That the Ld. Court had given considerate time to file ATR
and to obtain FSL report. That on 24/01/2015 in the view of FSL report and the
photographs of crime scene on record Ld. Court ordered for Filing FIR with the
consultant opinion of Ld Public Prosecutor who suggested that it is matter of
serious offence not a suicide.

11. That on 02/02/2015 That the Investigating Officer ASI Shiv Moorthi Yadv
filed FIR which bearing the No.105/15 U/S 306 IPC.

12. That the present FIR is total misscarriage of justice, and it is aggreived the
Complainant and lost the hope in the investigation and the in the agencies
implementing Justices. Since this Protest Petition
GROUNDS

1. Because the police officials have not acted fairly, though the complaint was
reported on the same day, the day of the death f the deceased Usha,
ie,on18/07/2014,by the mother and subsequently on same day statement of
mother and brother of deceased recorded by SDM R.K Pandey,which revealed
the cognisible offence but the Police officials refuse to file the FIR on this first
information.

2. Because the copy of above said statement of the Mother and Brother of
Complainant has received by the Complainant after the laps of one month and
perusal of the same revealed that most of the information pertaining to the
dowry harassment and cruelity by the husband and other in-laws of deceased
supplied by the the Complaints were missing.But the SDM refuse to listen the
Complainant further.

4. Because the police officials deliberatly and intentionly not file the FIR and
without carring out the investigation harrassed the Complainant by telling them
that the deceased had committed suicide.
5. Because the complainants various efforts to register the FIR by writting
complaint to various autorities from pillar to post ie. To SHO,ACP,DCP has gone
in vain and no specific steps has taken by the police officials.

6. Because the Complainant had to approch Magistrate to register FIR U/S156(3)

on 15/09/14

7. Because the persual of order sheet of Ld.CMM reveals that police officials (IO
Shiv Moorthy Yadav) didnot comply with the order of Magistrate to file the ATR,
timely and because the present IO Shiv Moorthy delebratly delayed the matter
by not apperaring before the Court time and again.The true copy of orders
annexed herewithas Annexure No

8. Because the conduct of IO was so lethargic to investigate the matter fairly and
the action taken report filed by IO was merely an eye wash to escape from the
wrath of the Hon'ble Court and was highly perjudiced one.The copy of ATR as
well as Reply to that ATR is Annexed herewith as Annexure No.

9. Because inspite of report of the death of the deceased launched same day and
repeated efforts wee made the FIR which is registered only after the order of
Magistrate U/S156(3)of Cr.P.C on 2/2/15 which was only a skin saving excercise
on the part of the Police officials to bypass the consequence of the order of this
Hon'ble Court.However at this stage also no attempt seem to have been made
by IO with respect to the alleged incident and even after clear allegation about
the husband and in-laws.

10. Because on the same complaint the IO was not convinced to register FIR on
the ground that the complaint dated 18/07/14 has not revealing any cognizable
offence,however IO has registered FIR subsequently on 2/2/15 by the Ld.Court
Orde on the same complaint and not on the subsequent complaint registered U/S
156(3) which has been revealed the cognisible offence against the in-laws and all
the material evidence including Crime scene photographs, News pappers report
on the incident were also placed before the Magistrate, but IO turned down all
the effort was made by the complainant to register the FIR without the any

11. Because even after the death happened within 7 years and 6 days of
marriage police didnot deliberatly register the FIR U/S 304B though there was
serious allegation of Dowry Harrassment, Police officials seemed to be more
techinial and mechanic in their approch rather sensitive to the social issue. Only
because 6days more crossed from the technical presumption of within '7 years of
marriage' for taking cognizence on U/S 304B IPC in the case unnatural Death of
a women and took a stand which was against the finding of this Hon'ble Court
and not even registered the case U/S 302/34 IPC but registered U/S 306 IPC in
order to help the accused persons.
12. Because the police officials acted very capricely to let go all the evidence
against the accused persons by deliberatly delaying tactics and because the
police officials acted hand in-glove with the accused persons.

Prayer:

1. It is, therefore,humbly requisted that, in the interest of justice, equity, and fair
play of the case the protest petition may kindly be accepted, take appropriate
and legal cognizance against the accused persons by exercising the judicial
powers vested with the Hon’ble Court under relevant provisions of the Indian
Penal Code.

2. It also humbly request issue directions to amend the FIR on the basis of
Complaint U/S 156(3) Cr.P.C and register the case U/S 304B/34 or U/S 302/34.

3. It is also humbly requisted to supervise entire investigation and to give

directions to police officials to file charge sheet without much delay.

Dated:
Place:

Complainant

Through Counsel:Adv.Jasmy.M.J & Aanam Khan

576, Masjid Road,Bhogal,

 Jangpura, Delhi-14

IN THE COURT OF SHRI SONU AGNIHOTRI, CMM

TIS HAZARI COURT, DELHI

PROTEST PETITION/ NO. _______ OF YEAR 2014

SANJAY ....COMPLAINANT

VS.

S.H.O KALYANPURI ....RESPONDENTS

AFFIDAVIT
I,SANJAY, S/O LATE TEJVIR, R/O,RZ-1414, ROAD NO-26,TUGHLAGABAD EXT.
NEW DELHI-19, DO HEREBY SOLEMNLY AFFIRM AS UNDER:-

1. That I am the petitioner in the above said protest petition which has been filed
by me and well conversant with the facts and circumstance of the case.

2. That the contents of the complaint has been read and explained to mein my
vernacular language ie hindi and I was understood the contents thereof.

3. That I further state that the contents thereof are true and correct to the best
of my knowledge and belief

DEPONENT

VERIFICATION

Verified at New Delhi on this day of day of February, 2015 that the contents of
the above affidavit are true and correct to best of my knowledge

DEPONENT