Criminal complaints and FIRs

Application by complainant under Domestic Violence Act for direction to Protection Officer to search matrimonial house for passport

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IN THE COURT OF MS. Name of judge, LD. M.M. MAHILA COURT, NORTH DIST., ROHINI COURTS, DELHI.

CR. CASE NO. Criminal case number OF 2023

IN THE MATTER OF:

Complainant's name: COMPLAINANT

VERSUS

Respondents' names: RESPONDENTS

N.D.O.H.: Date of next hearing

APPLICATION ON BEHALF OF THE APPLICANT / COMPLAINANT FOR ISSUANCE OF NECESSARY DIRECTIONS TO THE PROTECTION OFFICER AND THE RESPONDENTS.

MOST RESPECTFULLY SHOWETH:

1.That the aforesaid complaint case has been filed by the complainant against the respondents, and the same is fixed for Date fixed for hearing.
2.That on Date of court order, both the parties, together with the State, appeared before this Hon'ble Court, and directions were issued to the Protection Officer to visit the house at Address of house to be visited, along with both the parties, on Date of visit at Time of visit (PM) PM. The SHO concerned was also directed to render all necessary assistance to the Protection Officer in carrying out the said exercise.
3.That in terms of the said order, the applicant, along with her counsel, duly reached the spot at Time applicant reached the spot (PM) PM as mentioned in the said order; however, the Protection Officer did not arrive. After waiting for a considerable period, the applicant contacted the concerned Police Station where the said Protection Officer is posted, and it was informed to the applicant that no official communication regarding the said order of this Hon'ble Court had been received at the said Police Station. On Date of second application, the applicant again moved an application seeking a direction to the Protection Officer for compliance of the order dated Date of order to be complied with passed by this Hon'ble Court, and the same was allowed vide order dated Date of order allowing second application.
4.That on Date of Protection Officer's visit, the Protection Officer came to the house at Address of house visited, along with both the parties, where only the room in front of the balcony and the room next to it were allowed to be checked by the Protection Officer and the applicant. It is pertinent to mention that the entire exercise was videographed by the Protection Officer.
5.That the applicant and the Protection Officer checked the drawing room area and the kitchen, and in a drawer of the drawing room the applicant found her Aadhaar card. The applicant thus recovered her Aadhaar card, but her passport could not be found, as the Protection Officer and the applicant were not permitted to check the other rooms of the said matrimonial house.
6.It is submitted that the Protection Officer and the applicant were not allowed by the respondents to check the terrace room and the guest room. A few articles belonging to the applicant were found in the house, which have been captured in the video. The passport of the applicant is still lying inside the house, as she was able to check only a few rooms. The applicant has an apprehension that her passport may be lying in the remaining rooms, which the respondents did not permit the applicant and the Protection Officer to check.
7.That the applicant seeks permission before this Hon'ble Court to allow the Protection Officer and the applicant, along with the respondents, to check the remaining rooms of the said matrimonial house so as to enable her to retrieve her passport, with all necessary assistance rendered to the Protection Officer in carrying out the said search exercise. The present application is made bona fide and in the interest of justice.

PRAYER:

In view of the facts and circumstances stated above, it is, therefore, most respectfully prayed that this Hon'ble Court may kindly allow the present application and issue necessary directions to the Protection Officer, and grant a fresh date and time for the purpose of collecting the passport of the applicant from Address of matrimonial house, along with necessary assistance to the Protection Officer, in the interest of justice.

Any other and further relief which this Hon'ble Court may deem fit and proper in the circumstances explained above may also be passed in favour of the applicant.

APPLICANT / COMPLAINANT

DELHI

DATEDTHROUGH

ADVOCATE

Advocate's name


IN THE COURT OF MS. Name of judge, LD. M.M. MAHILA COURT, NORTH DIST., ROHINI COURTS, DELHI.

CR. CASE NO. Criminal case number OF 2023

IN THE MATTER OF:

Complainant's name: COMPLAINANT

VERSUS

Respondents' names: RESPONDENTS

AFFIDAVIT

I, Deponent's name, W/o Sh. Deponent's husband's name, presently residing at Flat No. Deponent's residential address (flat number), do hereby solemnly affirm and declare as under:

1.That the deponent is the complainant in the above-noted case, is well conversant with the facts of the case, and is competent to swear the present affidavit.
2.That the contents of the accompanying application have been drafted by my counsel under my instructions, and the contents thereof are true and correct to my knowledge and belief; nothing material has been concealed therefrom.

DEPONENT

VERIFICATION:

Verified at New Delhi on this Date of verification that the facts stated in the above affidavit are true to my knowledge; no part of the same is false and nothing material has been concealed therefrom.

DEPONENT

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