Application by complainant seeking direction to SHO to reverify the accused's death
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IN THE COURT OF Name of the court
CR. CASE NO. Criminal case number/Year of the criminal case number
IN THE MATTER OF:-
Complainant's nameVERSUS Respondent's name
FIR No. FIR number
P.S.: Name of the police station
D.O.D.: Date of offence
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 P.S. Name of the police station against the accused, Accused's name, and the proceedings against the said accused were abated by this Hon’ble Court vide order dated Date of abatement order.
2.That the applicant / complainant is the victim in the present FIR case and, during the pendency of the present proceedings, the complainant has been diligently pursuing the matter to ensure that justice is done.
3.That during the proceedings, a report was filed by the SHO of P.S. Name of the police station stating that the accused, Accused's name, had expired, and the SHO submitted that he had verified the original death certificate of the accused.
4.That, on the basis of the report of the SHO, this Hon’ble Court, vide order dated Date of abatement order (day).Date of abatement order (month).Date of abatement order (year), abated the proceedings against the accused and directed 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, i.e., the accused Accused's name.
b)The process and the basis on which the SHO verified the death certificate and its authenticity.
c)The context and circumstances under which the verification 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 deceased referred to in the death certificate are one and the same person, particularly in light of the gravity of the allegations and the public interest involved.
7.That if it is found that the verification report is based on insufficient or inadequate grounds, it would amount to a miscarriage of justice and would prejudice the rights of the complainant.
PRAYER:-
In view of the above, it is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to:
a)Direct the SHO of Police Station Name of the police station to reverify the factum of the accused's death, including the authenticity of the death certificate and whether it 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 any other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.
It is, therefore, most respectfully prayed accordingly.
APPLICANT/COMPLAINANT
DELHITHROUGH
DATED
(Counsel's name &
Counsel's name)
ADVOCATES
Complainant's address
Email Id: Complainant's email address
Mob No: Complainant's mobile number