Complaint under Section 200 CrPC for defamation and related offences
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
COMPLAINT NO. Complaint number/Year
IN THE MATTER OF:-
SMT. Complainant's nameCOMPLAINANT
VERSUS
SH. Accused's nameACCUSED
I N D E X
| Sr. No. | Particulars | Pages |
|---|---|---|
| 1 | Memo of Parties |
| 2 | Criminal Complaint under Section 200 read with Section 190 of the Cr.P.C. for the commission of offences under Sections 499, 354, 500, 503 and 509 of the IPC, 1860, for making and circulating false and defamatory statements/allegations through mobile and electronic media against the Complainant by the above-named respondent |
| 3 | List of Witnesses |
| 4 | List of Documents |
| 5 | Certificate under Section 65-B of the Indian Evidence Act |
| 6 | Vakalatnama |
New DelhiComplainant
Date:
Through
Counsel
Law firm name & Associates
Counsel's office address, Delhi
M. Counsel's mobile number
Email- Counsel's email prefix@yahoo.in
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
COMPLAINT NO. Complaint number/Year
IN THE MATTER OF:-
SMT. Complainant's nameCOMPLAINANT
VERSUS
SH. Accused's nameACCUSED
MEMO OF PARTIES
Smt. Complainant's name
W/o Sh. Complainant's husband's name
R/o Complainant's address line, Complainant's address line
Complainant
VERSUS
Sh. Accused's name
S/o Late Sh. Accused's father's name,
R/o Accused's address
Accused
P.S.: Police station
New DelhiComplainant
Date:
Through
Counsel
Office No. Counsel's office number, Delhi
M. No. Counsel's mobile number
Email- Counsel's email prefix@yahoo.in
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
COMPLAINT NO. Complaint number/Year
IN THE MATTER OF:-
SMT. Complainant's nameCOMPLAINANT
VERSUS
SH. Accused's nameACCUSED
AFFIDAVIT
I, Smt. Complainant's name, W/o Sh. Complainant's husband's name, aged about 60 years, R/o Complainant's address line, Complainant's address line, Complainant's address line, Delhi-1100XX, do hereby solemnly affirm and declare on oath as under:-
1.That the deponent is the Complainant in the present complaint case.
2.That, being fully conversant with the facts and circumstances of the case, the deponent is competent to swear this affidavit, and the details set out in the present complaint have been entered at the instance and instructions of the deponent. The deponent has read and understood the contents of the complaint in the vernacular.
3.That the reliefs claimed in the complaint are urgent in nature, inasmuch as the Complainant is facing great hardship and has been harassed by the accused.
4.That the facts stated herein are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
Deponent
VERIFICATION:
Verified at Delhi on thisday of September, 2020, that the contents of the above affidavit are correct to the best of my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
Deponent
COMPLAINANT
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
COMPLAINT NO. Complaint number/Year
IN THE MATTER OF:-
SMT. Complainant's nameCOMPLAINANT
VERSUS
SH. Accused's nameACCUSED
P.S.: Police station
CRIMINAL COMPLAINT UNDER SECTION 200 OF THE CR.P.C. READ WITH SECTION 190 OF THE CR.P.C. FOR THE COMMISSION OF OFFENCES UNDER SECTIONS 354, 499, 500, 503 AND 509, ALONG WITH SECTIONS 34 AND 35 OF THE IPC, 1860, FOR MAKING AND CIRCULATING FALSE AND DEFAMATORY STATEMENTS/ALLEGATIONS THROUGH MOBILE AND ELECTRONIC MEDIA AGAINST THE COMPLAINANT BY THE ABOVE-NAMED RESPONDENT
MOST RESPECTFULLY SHOWETH:-
1.That the Complainant is a permanent resident of property bearing No. Complainant's property number, New Delhi-1100XX, and is a law-abiding citizen of India. It is further submitted that the Complainant is the wife of the accused. A copy of the Aadhaar Card of the Complainant is annexed hereto as ANNEXURE C-1.
Section of Complaint and Cause of Action:-
2.That this Complaint is filed under the authority of Section 200 read with Section 190 of the Criminal Procedure Code. Further, this Complaint is filed for the purpose of redressing the commission by the accused of "criminal defamation" of the Complainant within the meaning of Section 499 of the Indian Penal Code, 1860, in relation to the video made by the accused from his shop bearing No. Shop number-Shop number, Shop street or locality, Market name Market, Delhi, which was replete with allegations against and character assassination of the Complainant, and in which the Complainant was threatened that if she did not give him money and a share in the property, the accused would commit suicide and hold the Complainant responsible therefor, which video was distributed and disseminated. This Complaint seeks due and just punishment to the accused in terms of Sections 499, 354, 500, 503 and 509 of the Indian Penal Code, 1860.
Brief Facts:-
3.That the father of the accused, namely Accused's father's name, and the mother of the accused, namely Accused's mother's name, resided at Accused's parents' village (Rural), (21), Accused's parents' tehsil, Accused's parents' district, Haryana, for more than 50 years. The father of the accused died at Place of accused's father's death, District of place of death, Haryana, and the mother of the accused is alive and resides at Accused's mother's address, Accused's mother's district, Haryana, with her sons.
4.That it is pertinent to mention here that the relations between Accused's father's name, the father of the accused, and the accused have not been cordial for the last several years. It is further pertinent to mention that the relations between the Complainant and her son, namely Sh. Complainant's son's name, on the one hand, and the accused, on the other, have not been cordial for the last several years, and that such estrangement is the result of the atrocities committed by the accused upon the Complainant and her son. It is also pertinent to mention that the accused was, and is, a habitual drinker, and that he frequently creates unlawful scenes with the Complainant. The Complainant further submits before this Hon'ble Court that the Complainant and her son have been living peacefully and earning their livelihood on their own, and have no relations whatsoever with the accused.
5.That the accused and the Complainant reside under the same roof, but the accused and the Complainant are not on speaking terms; further, the kitchens of the Complainant and the accused are separate and are not joint in any manner. The conduct of the accused is against basic ethics, as he indulges in the use of abusive language, and in the past he has also raised his hand upon the Complainant and her son. It is pertinent to note that the conduct of the accused towards his parents, siblings and all other family members was similarly strained. It is further pertinent to mention that the accused has one son and three daughters, and that no member of the family is on speaking terms with him. The conduct of the accused towards his daughters is so deplorable that he attempted to create a ruckus at the marriage of his youngest daughter, and the accused was sent to a rehabilitation centre on the day of the marriage of his daughter.
6.That the Complainant submits that in and around Year of threat to father, the accused threatened his father, Late Sh. Accused's father's name, with dire consequences if the latter did not give the accused his share in the property, in consequence of which the father of the accused, being grievously hurt, openly declared in the family:
"ME TUJHE EK PAISA NAHI DEKAR JAUNGA, TERE HISSE KA SARA KA SARA ME APNI BAHU AUR POTE KO DE JAUNGA AUR APNI BAHU AUR POTE KO BOL KAR JAUNGA KI TUJHE KUCH BHI NA DE NAHIN TO SAB KUCH SHARAB ME UDHA DEGA", and that, despite the fact that the treatment meted out to the Complainant by the accused is absurd and unethical, and that the lives of the Complainant and her son are disturbed on account of the various atrocities committed by the accused, the accused, even otherwise and under the influence of alcohol, has quarrelled with the Complainant and her son and has used abusive language before everyone.
7.That it is pertinent to note that the siblings of the accused have been living separately from the accused for more than twenty years. It is the accused who quarrelled with his parents and siblings and demanded a share in the properties. Upon his father's refusal, the accused migrated from Ateli, Haryana to Raigarpura, Delhi, and after some time opened a shop at Karol Bagh, Delhi. Since then, the accused has been residing in Delhi with the complainant, one son and three daughters. For the last few years, relations between the accused and the complainant have been strained owing to the accused's excessive consumption of alcohol, as a result of which the accused has been sent to a rehabilitation centre a couple of times in the last four to five years.
8.That the accused's father, namely Sh. Accused's father's name (now deceased), made earnest efforts to impress upon the accused that drinking alcohol was not a good habit, and warned that if the accused did not desist, the father would disown him from all his movable and immovable properties. However, the accused failed to mend his ways and continued his misbehaviour towards the family members and his father.
9.That on account of the continuous bad and unlawful behaviour of the accused, the deceased father of the accused summoned him and conveyed that he intended to distribute all his movable and immovable properties in equal shares between his two sons, namely Sh. Accused's brother's name and Sh. Accused's brother's name Kumar, and the accused's son, Sh. Accused's son's name Aggarwal. It is further submitted that the accused raised no query or objection and, in fact, gave his consent to the said distribution. The accused's father accordingly distributed all his movable and immovable properties equally in favour of Grandson's name (Will beneficiary) Aggarwal (grandson), Son's name (Will beneficiary) Kumar (son) and Son's name (Will beneficiary) Kumar (son) by way of a Will. A copy of the Will is annexed as ANNEXURE C-2. A notice dated Day of first newspaper notice.Month of first newspaper notice.Year of first newspaper notice, inviting objections to the Will, was also published in a daily newspaper by the Sub-Registrar, Sub-Registrar's tehsil, District Sub-Registrar's district, Haryana. A copy of the notice dated Day of second newspaper notice.Month of second newspaper notice.Year of second newspaper notice, published in a newspaper by the Sub-Registrar, Sub-Registrar's tehsil, District Sub-Registrar's district, Haryana, is annexed as ANNEXURE C-3. It is pertinent to note that the said Will was within the knowledge of the accused, and the accused never refuted the said fact.
10.That it is significant to state that in the year Year of accused's poisoning incident, the accused consumed a mixture of CELPHOS tablets, as conveyed by him, and was hospitalised at Hospital name. However, owing to legal issues between the accused and the hospital, the incident was not disclosed by the accused to the Government authorities and was conveyed only to the family members. After a few days, he was discharged from the hospital, and since then everyone in the family has been afraid of speaking to the accused, as he was highly aggressive. Since his discharge from the hospital, a drastic change has come over the accused's behaviour: he increased the frequency of his consumption of alcohol, and owing to his excessive drinking he was sent to rehabilitation centres. Even the accused's father, who was distressed by the accused's ill-behaviour, died on Day of father's death.Month of father's death.Year of father's death as a result of the acts of the accused.
11.That it has now been learnt that the accused is indulging in the excessive use of alcohol throughout the day, and his abusiveness towards the complainant has increased. He made a video from his shop bearing number Shop number-Shop number, Shop street or locality, Market name, Delhi, full of allegations against the complainant and casting aspersions on her character, levelling the gravest allegations of extra-marital/illicit relations with other persons, and threatening the complainant that if she did not give him money and a share in the properties, he would commit suicide and hold the complainant and all other family members responsible. The accused sent this video from his mobile number Accused's mobile number to his brother, Sh. Accused's brother's name, at the latter's mobile number Brother's mobile number, on Day of first video circulation.Month of first video circulation.Year of first video circulation, via X:Platform or channel of first circulation. The accused again sent the same threatening video to his younger brother, Sh. Accused's younger brother's name, from his mobile number Accused's mobile number to the latter's number Younger brother's mobile number, on Day of second video circulation.Month of second video circulation.Year of second video circulation, via X:Platform or channel of second circulation. The accused further sent the same objectionable video to his sister, Smt. Accused's sister's name, on Day of third video circulation.Month of third video circulation.Year of third video circulation, from his mobile number Accused's mobile number to her mobile number Sister's mobile number. The said video thereafter came to the knowledge of the complainant, and everyone in the family was shocked on hearing the contents of the video. The accused circulated the video to some of the relatives, threatened the complainant that he would spread the video to all relatives and friends, and began levelling false allegations against the complainant. The accused thus sent the video levelling false allegations against the complainant, together with threats that he would commit suicide.
The statement/conversation/transcription of the video is as follows:
“SHRIMAN SHO SAHIB THANA Police station named in video MAIN Speaker's name in video AGGARWAL BOL RAHA HU MAIN AAJ BAHUT ZYADA PARESHAN CHAL RAHA HU ISKA KARAN YE HAI MERI PATNI Complainant's name as spoken in video AGGARWAL KE GAIR SAMBANDH HAI Name alleged in video AGGARWAL Name or detail alleged in video Name or detail alleged in video AUR Name alleged in video GAUR Name alleged in video SE RAAT KO PEECHE KE DARWAZE SE AATE HAI AUR CHALE JAATE HAIN MAIN BOLTA HUT OH APNE LADKE SE DHAUNS DETI HAI BULAUN USKO KARWAUN SIDHA YA CHUP RAHEGA PITWATI HAI MEREKO MAIN DARR KI WAJAH SE CHUP REHTA HU KAI BAAR MUJHE GHAR SE BAHAR NIKALWA CHUKI HAI ISKA KOI BHAROSA NAHI MEREKO GHAR MEIN RAKHEGI YA NAHI, 4 BAAR MUJHE NASHA MUKTI KENDRA MEIN BAND KARWA CHUKI HAI 4 SAAL KE LIYE, WAHA MUJKO PITWATI THI KHANA NAHI DETE THE BAHUT ZYADA PARESHAN KAR RAKHA THA MEREKO AUR DUSRA KAARAN YE HAI KI MERE BAAP DADA KI JO ZAYDAD HAI USME MERE BHAI DONO MEREKO BEDAKHAL KAR RAHE HAIN Accused's brother's name AND Accused's brother's name, MERI PATNI KO DE RAHE HAIN, MERI PATNI KA KOI BHAROSA NAHI MUJHE KAB GHAR SE BAHAR KAR DE ISILIYE MAIN APNA TEESRA HISSA CHAHTA HU, AUR MAIN SULFAZ KHA KE AATAM HATYA KARUNGA USKE ZIMMEDAR Name and address alleged in video, Name alleged in video, MERI PATNI Complainant's name, MERA LADKA Accused's son's name, Accused's brother's name AUR Accused's brother's name HONGE. YE VIDEO MAIN INDIA TV DELHI POLICE COMMISSIONER, AUR APNE SAMAJ KE LOGO KO BHEJUNGA TAKI MERE SATH INSAAF HO SAKE DHANYAWAD”
A CD containing the video is annexed as ANNEXURE C-4.
12.That when the complainant and her son confronted the accused about the video, the accused began issuing threats that he would spread the video to the public at large, the relatives, the media, the police and other social media platforms, and destroy the reputation of the complainant, unless one-third share in all the movable and immovable properties was given to him. Whereas the truth is that the movable and immovable properties of the accused's father stand already distributed equally among Grandson's name (property distribution) (grandson), Son's name (property distribution) Aggarwal (son) and Son's name (property distribution) (son), in accordance with his last Will.
14.That it is crystal clear from the above conversation in the video that the accused is threatening the complainant in order to obtain a one-third share in the properties, and he also speaks of being disowned from the properties by the complainant and the brothers, namely Accused's brother's name and Accused's brother's name, which statement is clearly false and frivolous. The fact, however, is that on account of the bad and unlawful behaviour and activities of the accused, his father had already severed all relations with him, which is why he had not given the accused any share in his movable and immovable properties, and had already executed a Will in respect of his properties. It is pertinent to mention that, on account of the cruel and evil-minded nature of the accused, the accused's mother has also severed all ties with him, and she too executed a registered Will in favour of Sh. Grandson's name (mother's Will) (grandson), Sh. Son's name (mother's Will) (son) and Sh. Son's name (mother's Will) (son). A copy of the registered Will dated Day of mother's Will.Month of mother's Will.Year of mother's Will is annexed herewith as ANNEXURE C-5.
15.That the accused had already demonstrated his intentions in the aforesaid conversation through the circulated video, from which it is evident that he is not mentally and psychologically stable, and there is a possibility that the accused may take the extreme step of committing suicide or may circulate the objectionable video among relatives, friends, neighbours or the general public. If the accused were to circulate the said video, it would cause grave loss of reputation to the complainant. It is further an admitted position that the accused is habituated to alcohol and has a history of treatment at rehabilitation centres. This clearly demonstrates that the accused bears a grudge against the complainant. It is for this reason that the complainant has lodged a complaint against the accused with the SHO, P.S. Police station of complaint to SHO, Delhi, with regard to the said act of the accused. A copy of the said complaint is annexed hereto as ANNEXURE C-6.
12.That the accused is creating hindrance, interference and obstruction in the complainant's peaceful use and enjoyment of her property, with bad motives and with the evil intention of grabbing all the movable and immovable properties of the complainant, for which purpose the accused is prepared to resort to every possible means to harass the complainant.
Circulation of the video/jurisdiction:-
13.That the video made by the accused has been circulated at various places, including on WhatsApp. Further, the video was made from the accused's shop bearing number Shop number, situated at Shop street or locality, Market name, Delhi, and was circulated by him from the same shop at Shop address locality, Delhi, which falls within the jurisdiction of this Hon'ble Court. This Hon'ble Court therefore has jurisdiction to entertain the aforesaid complaint and to proceed thereon.
14.That by making and circulating the "defamatory video" in question, the accused is liable for the irreversible and unquantifiable damage caused by making false, baseless, scandalous and malicious content, statements and allegations against the complainant. The complainant further submits that at this juncture it is very difficult to assess the exact loss suffered by her, since the complainant's reputation and business are worth lakhs of rupees, and she reserves the right to initiate other legal remedies, both civil and criminal, against the accused in future.
15.That it is settled law that every person has a right to have his reputation preserved inviolate. This right of reputation is acknowledged as an inherent personal right of every person; it is "a jus in rem". Where a wrongful act is committed which affects a person's reputation, it amounts to defamation, for which he becomes entitled to damages. It is pertinent to mention that the right to reputation has already been recognised as a fundamental right under Article 21 of the Constitution of India.
16.That the right to freedom of speech and expression carries with it a duty and responsibility not to abuse such freedom in furtherance of a personal vendetta against any particular individual. In the present case, the facts stated hereinabove disclose that the present defamatory and vilifying circulation of the video has been purposely carried out by the accused with an ulterior motive to malign the image of the complainant and to wreak vengeance upon her.
17.That the accused corroded the reputation of the complainant by sending the video to the complainant's relatives and on other platforms, and the complainant has been receiving calls from all such persons seeking explanations. The employees, friends and well-wishers of the complainant were shocked and surprised to see the defamatory video, which is still available on the mobile phones of the relatives. Subsequently, the complainant as well as other family members started receiving various calls from relatives and friends inquiring about the "defamatory video" containing defamatory content, including defamatory statements made about the complainant, purely with an intention to lower the impeccable reputation of the complainant in the eyes of her relatives, friends and the public at large; the same is therefore clearly defamatory and libellous. The said defamatory contents of the video have the sole objective of causing damage to the reputation and goodwill which the complainant has earned multi-fold over the last few years. In one of its landmark judgments, the Apex Court quoted a verse from the 'Mahabharata' to explain the importance of 'reputation' in a person's life.
In Kiran Bedi and Jinder Singh Vs. Committee of Inquiry AIR 1989 SC 714 - it was held as under:
The following words of caution uttered by Lord Arjun in the Bhagavad Gita with regard to dishonour or loss of reputation may usefully be quoted:
"Akirtnchapi Bhutani Kathaishyanti teavyayam,
Sambhavitasya Chakirtir Maranadatirichyate"
(Men will recount thy perpetual dishonour, and to one highly esteemed, dishonour exceedeth death)
18.That the accused has made various mischievous and malevolent comments and statements which are false and concocted in nature and defamatory of the complainant. The accused incorporated the same in the impugned video and further used unverified information going far beyond the facts. When the same was communicated to friends and relatives, it gravely affected the innocent minds of friends, relatives and the public at large, and was done by the accused with a view to tarnishing and maligning the reputation of the complainant and destroying her standing in society.
19.That the accused did all this to settle a personal vendetta against the complainant and, more particularly, to prejudicially affect her goodwill. It is pertinent to mention that the accused hatched a plan to malign the reputation of the complainant so as to enrich himself at the cost of her reputation.
20.That the actions of the accused amount to libel and slander. The sole intention of the accused behind making and circulating the video is to satisfy his personal vendetta against the complainant.
21.That it is submitted that the accused has failed to abide by the minimum moral standards expected of him, and there is a complete failure to comply with the ethical standards expected from him. It is submitted that the accused is attempting to garner excessive, adverse and false publicity, thereby injuring the reputation of the complainant, and in such cases, the inherent power vests in this Hon'ble Court to interdict and restrain the accused from carrying out such a vilification campaign against the complainant.
22.That the defamatory video is still widely available with relatives and friends and is continuously maligning the image of and causing damage to the complainant. The accused has thereby rendered himself liable to be prosecuted in accordance with law.
23.That the complainant has no other speedy and efficacious remedy at present against the accused, and the accused's repeated denigration of the character of the complainant is plainly defamatory and serves no public interest, nor has it any legitimate connection with public discourse and debate.
24.That it is therefore thoroughly derogatory on the part of the accused to make such statements, which have eroded the well-earned reputation and character of the complainant.
25.The complainant respectfully submits that it is an utterly criminal act on the part of the accused to first make a video containing false allegations and then to circulate the same along with a threat to commit suicide. Such outrageous acts constitute the most daring acts of criminal defamation. Accordingly, the accused must be held fully responsible for criminally defaming the good name and reputation of the complainant.
26.As such, the accused has committed a blatant act of defamation in respect of the complainant's name and character.
27.The complainant respectfully submits that, through the "defamatory video", the accused has made allegations amounting to the character assassination of the complainant, and has levelled the worst allegations of extramarital and illicit relations with other persons, and has threatened the complainant that if she does not give him money or a share in the property, he would commit suicide and hold the complainant and all other family members responsible therefor, thereby ruthlessly destroying her reputation. The accused must therefore be held liable for his acts. Accordingly, his false statements have incalculably injured the reputation of the complainant.
28.That by repeatedly expressing false indignation, the accused have gravely and most seriously damaged the reputation and character of the Complainant.
29.The Complainant respectfully submits that she is unable to ascribe any lawful or innocuous meaning to the aforesaid statement, which can only be understood as carrying a derogatory reference to her.
30.That by making false and baseless allegations against the character of the Complainant, the accused have committed a grave defamation of the character and reputation of the Complainant.
31.The Complainant offers below a general submission on the non-applicability of the exceptions to Section 499 of the Indian Penal Code, 1860:
32.That the Complainant respectfully submits that the statements and allegations made by the accused are far from true, and even to the extent any of them may be true, they were made solely for the purpose of inflicting injury upon the reputation of the Complainant, and not for any object of public good. Further, the comments made by the accused are grossly excessive and intrusive, and were made with the object of humiliating the Complainant and rendering her an object of contempt and ridicule. Similarly, the knowing, deliberate and intentional fabrication of stories, invention of fictions and characters, and manufacture of statements are acts of falsehood which cannot, by any stretch of imagination, be regarded as lawful or made in good faith.
33.Actual harm caused to the Complainant: The Complainant respectfully submits, as already set out in the paragraphs above, that her reputation has been gravely injured by the acts of the accused, and that every grievance raised in this complaint against the acts of the accused may be read as including the further grievance that those acts were calculated to injure and harm the reputation of the Complainant, and that they have in fact caused actual injury and harm to her reputation.
34.That in the premises aforesaid, the accused are liable to be punished under Sections 354, 499, 500, 503 and 509 of the Indian Penal Code, 1860.
35.Limitation under Section 468 of the Criminal Procedure Code, 1973:
The Complainant respectfully submits that the video was filmed and circulated on Day of video filming.Month of video filming.Year of video filming. The present Complaint has been filed within the period of limitation prescribed before this Hon'ble Court. As such, this Complaint is within time as reckoned for the purposes of Section 468 of the Criminal Procedure Code, 1973.
36.That the requisite Court fee has been affixed on the present Complaint.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(i)summon the accused to answer a charge of having acted in furtherance of a common intention to commit criminal defamation of the Complainant, in terms of Section 499 of the Indian Penal Code, 1860; and
(ii)adjudge the accused as guilty, whether upon plea of guilt or upon trial, and punish each of them, individually, with the due and full punishment in terms of Sections 354, 500, 503 and 509 of the Indian Penal Code, 1860; and
(iii)pass such other or further order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
PlaceComplainant
DateThrough
Counsel
Law firm name & ASSOCIATES
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
COMPLAINT NO Complaint number/Year
IN RE:-
SMT. Complainant's nameCOMPLAINANT
Versus
SH. Accused's nameACCUSED
P.S. Police station
LIST OF WITNESSES
1.The Complainant herself
2.Sh. Witness 2 name (son of complainant), S/o Sh. Witness 2's father's name (Son of the Complainant)
3.Sh. Witness 3 name (brother-in-law), S/o Late Sh. Witness 3's father's name (Brother-in-law of the Complainant)
4.Sh. Witness 4 name (brother-in-law), S/o Late Sh. Witness 4's father's name (Brother-in-law of the Complainant)
5.Smt. Witness 5 name (sister-in-law) (Sister-in-law of the Complainant)
PlaceComplainant
DateThrough
Counsel
Law firm name & ASSOCIATES
Office No. Counsel's office number
MOB: Counsel's mobile number
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
COMPLAINT NO Complaint number/Year
IN THE MATTER OF:-
SMT. Complainant's nameCOMPLAINANT
Versus
SH. Accused's nameACCUSED
P.S. Police station
LIST OF DOCUMENTS
| S NO | PARTICULARS | PAGE NO |
|---|---|---|
| 1. | Annexure C-1 — Copy of Aadhaar Card of the Complainant |
| 2. | Annexure C-2 — Copy of the Will of Testator's name (father's Will) |
| 3. | Annexure C-3 — Copy of notice dated Day of newspaper notice.Month of newspaper notice.Year of newspaper notice published in the newspaper by the Sub-Registrar, Sub-Registrar's location |
| 4. | Annexure C-4 — Original CD of the defamatory video |
| 5. | Annexure C-5 — Copy of the registered Will dated Date of mother's registered Will of Smt. Testatrix's name (mother's Will) |
| 6. | Annexure C-6 — Copy of the police complaint dated Date of police complaint |
PlaceComplainant
DateThrough
Counsel
Law firm name & ASSOCIATES
Office No. Counsel's office number, Delhi-Counsel's postal code,
MOB: Counsel's mobile number
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
COMPLAINT NO Complaint number/Year
IN RE:-
Complainant's nameCOMPLAINANT
Versus
SH. Accused's nameACCUSED
P.S. Police station
CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872
1.I, Deponent's name (65B certificate), W/o Deponent's husband's name, R/o Deponent's address, New Delhi-1100XX.
2.I state that the video containing the defamatory statements made by the accused is saved on my mobile phone and computer; the same was in my possession, and the printout was taken from my printer and is in my safe custody, and it is annexed to the petition by way of a CD.
3.I state that the computer, printer and mobile phone from which the video was copied onto the CD remained in my lawful custody and control. The computer used for copying the video onto the CD was, at the relevant time, operating properly, and nothing was observed that would affect the electronic record or the accuracy of its contents. The process of copying the video from the computer involved retrieval of the data, and the data was copied directly from the mobile phone, the only human intervention being the giving of the copying command.
4.In the facts and circumstances of the case, this Certificate may be taken as sufficient compliance with Section 65B of the Indian Evidence Act, 1872.
Deponent's signature
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
COMPLAINT NO Complaint number/Year
IN THE MATTER OF:-
SMT. Complainant's nameCOMPLAINANT
Versus
SH. Accused's nameACCUSED
AFFIDAVIT
I, Smt. Complainant's name, W/o Sh. Complainant's husband's name, aged about Complainant's age in years years, R/o Complainant's address line, Delhi-1100XX, do hereby solemnly affirm and declare on oath as under:-
1.That the deponent is the Complainant in the present complaint case.
2.That being conversant with the facts and circumstances of the case, the deponent is competent to swear this affidavit, and the contents of the present complaint have been set out at her instance and instructions. The deponent has read the contents of the complaint, and the same have been understood by her in the vernacular.
3.That the reliefs claimed in the complaint case are urgent, inasmuch as the Complainant is suffering great hardship and has been harassed by the accused.
4.That the facts stated herein are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
Deponent
VERIFICATION:
Verified at Delhi on this Day of verification of affidavit day of Month of verification of affidavit that the contents of the above affidavit are correct and true to the best of my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
Deponent
COMPLAINANT