IN THE COURT OF Name of the presiding judge, LD. JMFC-01, PATIALA HOUSE COURTS, NEW DELHI
Criminal Case No. Criminal case number/Criminal case year
IN THE MATTER OF:
Complainant's nameVERSUS Accused's name
FIR No. FIR number
Under Sections: Sections of law in FIR
Police Station: Police station
Date of Disposal (D.O.D.): Date of disposal
APPLICATION ON BEHALF OF THE COMPLAINANT/VICTIM SEEKING DIRECTION TO THE SHO TO REVERIFY THE FACTUM OF DEATH OF THE ACCUSED
MOST RESPECTFULLY SHOWETH:-
1.That the present FIR was registered at Police Station Police station against the accused, Accused's name, and the proceedings arising therefrom were pending before this Hon'ble Court. The said proceedings were abated against the accused by this Hon'ble Court vide order dated Date of the order of abatement.
2.That the applicant/complainant is the victim in the present FIR case, and throughout the pendency of the proceedings, the complainant has diligently pursued the matter in order to secure justice.
3.That in the course of the proceedings, a report was filed by the Station House Officer (SHO) of Police Station Police station stating that the accused, Accused's name, had expired. The SHO further submitted that he had verified the original death certificate of the accused.
4.That on the basis of the said report of the SHO, this Hon'ble Court, vide order dated Date of the order of abatement, was pleased to abate the proceedings against the accused and to direct that the file be consigned to the record room after due compliance.
5.That the complainant has reason to believe that the report filed by the SHO requires further scrutiny so as to ascertain:
(a)Whether the death certificate relied upon for verification pertains to the same person, namely, the accused Accused's name.
(b)The process and the basis upon which the SHO verified the death certificate and its authenticity.
(c)The context and circumstances under which the verification of the factum of the accused's death was concluded by the SHO.
6.That the complainant/victim seeks reverification of the factum of the accused's death as a matter of justice and transparency. It is imperative to ensure that the accused and the person referred to in the death certificate are one and the same person, particularly in view of the gravity of the allegations and the public interest involved.
7.That if it is found that the verification report was based on insufficient or inadequate grounds, it would amount to a miscarriage of justice and would seriously prejudice the rights of the complainant.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
(a)Direct the Station House Officer of Police Station Police station to reverify the factum of the accused's death, including the authenticity of the death certificate and whether the same pertains to the accused, Accused's name.
(b)Call for a detailed report from the SHO explaining the steps undertaken during the initial verification process.
(c)Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
And for this act of kindness, the applicant/complainant, as in duty bound, shall ever pray.
APPLICANT/COMPLAINANT
PLACE: Place of filing
DATED: Date of filing
Complainant's name
Complainant's address
Email ID: Complainant's email address
Mobile No.: +91-Complainant's mobile number
THROUGH Advocate's name, ADVOCATE
VERIFICATION:
I, Complainant's name, the complainant/victim in the above-noted case, do hereby verify that the contents of paragraphs 1 to 7 of the present application are true and correct to my knowledge and belief, and the prayer clause has been made on legal advice. Nothing material has been concealed therefrom.
Verified at Place of verification on this Date of verification.
Complainant's name
APPLICANT/COMPLAINANT