Criminal complaint under Section 200 CrPC with Section 156(3) application for FIR against accused
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 MATTER OF
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED PERSONS
(P.S.: Police station)
I N D E X
S.No.PARTICULARS — PAGES — C.F.
1.MEMO OF PARTIES
2.COMPLAINT UNDER SECTION 200 Cr.P.C. WITH AFFIDAVIT IN SUPPORT
3.APPLICATION UNDER SECTION 156(3) Cr.P.C. WITH AFFIDAVIT IN SUPPORT
4.LIST OF DOCUMENTS
5.VAKALATNAMA
DELHICOMPLAINANT
THROUGH
DATED:
Date of complaint
ADVOCATES
Off.: Advocate's office address
Advocate's office address
Mob. No.: +Advocate's mobile number
Email: Advocate's email address
IN THE COURT OF THE LEARNED METROPOLITAN MAGISTRATE, DISTRICT NORTH, ROHINI COURTS, DELHI
CRIMINAL COMPLAINT No. Complaint number OF 2024
IN THE MATTER OF
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED PERSONS
(P.S.: Police station)
MEMO OF PARTIES
Complainant's name: COMPLAINANT
VERSUS
1. First accused's name
2.Second accused's name
3.Third accused's name
4.Fourth accused's name
5.Fifth accused's name
6.Sixth accused's name
7. Seventh accused's name
Number of accused: ACCUSED PERSONS
DELHICOMPLAINANT
THROUGH
DATED:
Date of complaint
ADVOCATES
Off.: Advocate's office address
Advocate's office address
Mob. No.: Advocate's mobile number
Email: Advocate's email address
IN THE COURT OF THE LEARNED METROPOLITAN MAGISTRATE, DISTRICT NORTH, ROHINI COURTS, DELHI
CRIMINAL COMPLAINT No. Complaint number OF 2024
IN THE MATTER OF
Complainant's name: COMPLAINANT
VERSUS
1. First accused's name
2.Second accused's name
3.Third accused's name
4.Fourth accused's name
5.Fifth accused's name
6. Sixth accused's name
7. Seventh accused's name: ACCUSED PERSONS
(P.S.: Police station)
COMPLAINT UNDER SECTION 200 OF THE CODE OF CRIMINAL PROCEDURE FOR TAKING COGNIZANCE AGAINST THE ACCUSED PERSONS FOR OFFENCES PUNISHABLE UNDER SECTIONS 420/323/324/379/506/406/120B OF THE INDIAN PENAL CODE, ACCOMPANIED BY AN APPLICATION UNDER SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE
MOST RESPECTFULLY SHOWETH:
1.That the Complainant Firm is registered under the provisions of the Limited Liability Partnership Act, 2008, bearing Identification Number LLP identification number. The Complainant has filed the present complaint through its Designation of complainant's representative. The Complainant has been compelled to file the present complaint against the accused persons on account of their commission of theft, criminal assault, criminal intimidation, defamation and threatening acts against the Complainant and its staff. Apart from the Complainant, the accused persons have also cheated other persons, and their modus operandi of cheating is common and identical, as is evident from their manner of acting and representing themselves. Feeling aggrieved by the acts and conduct of the accused persons, the Complainant has been constrained to file the present complaint.
2.That the brief facts leading to the filing of the present complaint are as under:
3.That the Complainant is a registered firm under the Limited Liability Partnership Act, 2008. Upon mutual discussions and negotiations, the Complainant and the accused, who represented himself to be the authorised representative of the company Company name of accused pursuant to a Board Resolution dated Date of board resolution, entered into an Agreement dated Date of management and operating agreement, known as the Management and Operating Agreement, hereinafter referred to for short as "the Agreement".
4.Based upon mutual discussions and negotiations between the parties, and in order to effectively commercialise and market the services of the Complainant, the parties mutually agreed that the initial tenure of the Agreement shall be five (5) years, i.e., for a period commencing from the Effective Date; however, to the Complainant's utter dismay, the said date was, for certain reasons, left blank inadvertently in the Agreement, more particularly in Clause 9(a) thereof. In addition, the accused demanded from the Complainant an advance amount of ₹Advance security amount (₹)/-, which was to be paid as an advance security amount.
5.Moreover, the Agreement was liable to be terminated in accordance with the clauses expressly set out in Clause 9(b) of the Agreement, which are as follows:
-On the expiry of the term;
-On the occurrence of any of the following events, which shall be treated as a fundamental breach of the Agreement, terminating it forthwith:
-In the event of a breach by the Operator of any provision of the Agreement (other than a payment default) and a subsequent failure to remedy the breach within thirty (30) days of having been notified by the Owner;
-Failure to make any payments under the Agreement on the due date;
-Any assignment or disposal of the Business;
-Any challenge by the Operator to the validity of any part of the intellectual property rights of the Owner;
-If the Operator engages in any conduct prejudicial to the Business or which harms the reputation of the Owner or its Brand;
6.The accused is the owner of the subject premises, and it is a fact that the accused persons have been running and operating their administrative office/back office on the basement, a restaurant on the first and second floors, and a banquet hall on the third floor of the subject premises.
7.Based upon mutual discussions and representations inter se amongst the parties, it was agreed that the Complainant shall run, manage, operate and supervise the restaurant and banquet at the subject premises under the name of Business name of restaurant, at its sole cost, expense and risk, hereinafter referred to for short as "the Business".
8.The operation fee, consideration and other remuneration were stipulated as per Clause 7 of the Agreement, under which the Complainant was required to pay either a sum of ₹Minimum guarantee amount (₹)/- (minimum guarantee amount), exclusive of taxes, or a sum equivalent to 16% of the revenue on the net sales at the restaurant and 18% of the revenue on the net sales at the banquet, whichever is higher.
9.That thereafter, an addendum to the Agreement was executed inter se the parties, whereby the aforesaid clause with respect to the operation fee, consideration and other remuneration was amended vide a letter dated Date of addendum letter. Pursuant thereto, it was agreed amongst the parties that payment and remuneration need not be made on the basis of the minimum guarantee amount, but on the basis of revenue sharing, i.e., 16% of the revenue on the net sales at the restaurant and 18% of the revenue on the net sales at the banquet; and this arrangement was fixed for a period of one year, in order to give the Complainant time to establish its business in the vicinity.
10.In addition to the above, the Complainant was required to maintain the interior and exterior of the restaurant and banquet in first-class condition and in accordance with the standards set by the accused, and in the event the accused company was of the view that the said standards were not met, it was required to notify the Complainant in order to ensure compliance, as more explicitly provided in Clause 8(f) of the Agreement.
11.That, in compliance with the aforesaid clauses of the contract, the Complainant invested a sum of approximately ₹Amount invested in first floor restaurant (₹)/- on items including, but not limited to, crockery and utensils, as well as on the interior of the Restaurant name, which was to be operated as a restaurant, and similarly expended approximately ₹Amount invested in second floor (₹)/- on items including, but not limited to, crockery and utensils, as well as on the interior of the second floor. Moreover, during the operations, cash and articles belonging to the Complainant were lying at the restaurant.
12.That the accused persons, in collusion with one another and in furtherance of their common intention, forcibly took possession of the said premises by intimidating the staff of the Complainant, thereby becoming illegal occupants of the premises and of the valuables belonging to the Complainant. The list of valuables which have been stolen and illegally taken from the custody of the Complainant, together with the expenditure incurred, is as follows:
| S.NO. | HEADS | AMOUNT |
|---|---|---|
| 1. | Gold Coins | INR Value of gold coins (₹)/-; Bill Attached; the gold bars are lying inside the Subject Premises |
| 2. | Laptop (4) | INR Value of laptops (₹)/-; the laptops are lying inside the Premises |
| 3. | Mobile Phones (6) | INR Value of mobile phones (₹)/-; the mobile phones are lying inside the Premises, having been given to the staff and used for delivery purposes |
| 4. | Crockery and Cutlery | INR Value of crockery and cutlery (₹)/-; Bills Attached |
| 5. | Interiors, Upholstery and Stone Work carried out at inception | INR Value of interiors and upholstery (₹)/-; Bill Attached |
| 6. | Painting Cost incurred in October 2023 | INR Painting cost (₹)/-; Bills are inside the Premises |
| 7. | Microwave | INR Value of microwave (₹)/-; Bills are inside the Premises |
| 8. | Oven | INR Value of oven (₹)/-; Bills are inside the Premises |
| 9. | Grocery Stock and Packing Material | INR Value of grocery stock and packing material (₹)/-; Bills are inside the Premises |
| 10. | Continental Cooking Range | INR Value of cooking range (₹)/-; Bills are inside the Premises |
| 11. | Air Conditioner and Deep Freezer Repairs | INR Value of AC and deep freezer repairs (₹)/-; Bills are inside the Premises |
| 12. | Stainless Steel Thali Plates and Glasses | INR Value of thali plates and glasses (₹)/-; Bills are inside the Premises |
| 13. | Signage and Posters | INR Value of signage and posters (₹)/-; Bill Attached |
| TOTAL | INR Total value of stolen articles (₹) |
13.That the Complainant remained in possession of the Subject Property till Date complainant was in possession till and was carrying on the smooth functioning of the Restaurant. However, to the Complainant's utter shock and dismay, the accused persons, with the ulterior motive of defeating and frustrating the clauses of the Agreement and with the help of their associates, came to the Property on Date of forcible taking over of premises, threatened the staff of the Complainant, forced the staff to exit the property by use of force, and, by unlawful means, put a lock over the Subject Property. It is pertinent to note that various movable articles, inclusive of laptops, together with cash to the tune of INR Cash amount lying locked inside premises (₹)/-, are lying locked inside the premises, the keys of which are with the accused. Further, the signage boards displaying the name of the Complainant over the Subject Premises have also been taken down by the accused.
14.That the accused persons not only manhandled and assaulted the staff of the Complainant, but are also defaming and maligning the image of the well-reputed brand of the Complainant. It is further worthwhile to mention that the accused persons are threatening the Complainant with dire consequences and are passing derogatory and defamatory remarks against the Complainant and the Complainant's family.
15.That the accused persons, being at the helm of affairs, took part in all meetings and negotiations and were actively involved at the time of the execution of the Agreement. The accused persons were dealing with the Complainant since inception and have misrepresented to the Complainant with dishonest intentions on several aspects, for which the Complainant reserves the right to initiate separate proceedings in accordance with law.
16.That the Complainant has come to know that the accused persons have duped several other persons and companies by adopting a similar modus operandi and have amassed considerable wealth by duping innocent persons. The accused persons have thereby caused wrongful gain to themselves and wrongful loss to the Complainant. Further, the accused persons, being illegal custodians of the valuables and articles of the Complainant, are disposing of and selling the same for their personal gain. The accused persons are also attempting to remove all evidence of the possession and occupation of the Complainant, such as the removal of boards, which itself amounts to destruction of evidence.
17.That the aforesaid facts clearly establish that the ulterior motive of the accused persons was only to cheat the Complainant and to commit theft of the valuables of the Complainant, while knowing fully well that they never intended to honour the Agreement.
18.That it is crystal clear that the accused persons harboured a malafide intention from the very inception, when they approached the Complainant for the execution of the Agreement. It is evident that they misrepresented the Complainant and intended to, and in fact did, play a fraud upon the Complainant.
19.That it is pertinent to mention herein that the Complainant had earlier also filed a complaint dated Date of earlier police complaint vide Daily Diary No. Daily diary number of earlier complaint, bringing the facts to the knowledge of the local police; however, no action has been taken till date, nor has any investigation been conducted.
20.That, in the aforesaid circumstances, the accused persons have committed offences punishable under Sections 420/323/324/379/506/406 of the Indian Penal Code, and the accused persons ought also to be prosecuted for the offence of criminal defamation for abusing and injuring the goodwill and reputation of the Complainant.
21.That the Complainant lodged a written complaint at the Police Station Police station, Delhi, on Date of written police complaint, with a copy thereof to the Commissioner of Police, New Delhi. The Complainant, living in constant fear and threat, has been requesting the police officers to register an FIR against the accused persons; however, till date the police officials have failed to lodge any FIR against the accused persons.
22.That the accused persons, with ulterior motives, in connivance with one another and with their associates, and in furtherance of their common intention, have caused hurt, issued threats, assaulted, defamed and criminally intimidated the Complainant with malafide intent.
23.That the custodial interrogation of the accused persons is necessary and the same will reveal the ramifications of the offences committed. Police investigation is necessary to collect evidence in regard to the conspiracy and the other persons involved therein. This is a classic example of fraud, and the accused persons have committed the said crime with knowledge of the consequences likely to arise on account of their acts.
24.That the Complainant is left with no other option except to approach this Hon'ble Court for taking necessary action against the accused persons as warranted in law.
25.That in the event an urgent FIR under Sections 420/323/324/379/506/406/120B of the Indian Penal Code is not registered against the accused persons, and if they are not arrested, there is every likelihood that they will cause serious injury to the Complainant.
26.That, in view of their conduct, it is apparent that the accused persons have committed the criminal acts punishable under Sections 420/323/324/379/506/406/120B of the Indian Penal Code, and as such they are liable to be prosecuted for the offences punishable thereunder.
27.That the aforesaid complaint discloses various cognizable offences against the accused persons, in terms of the law laid down by the Hon'ble Supreme Court of India in the case of Lalita Kumari v. State of U.P. & Ors., (2014) 2 SCC 1, wherein it has been held that the essential requirement for recording an FIR is that there must be information which discloses the commission of a cognizable offence, and that when such information is laid before an officer in charge of a police station, he is bound to register the case on the basis of such information.
28.That, owing to the unlawful acts of the accused persons, the Complainant lodged a complaint with the local police of Police Station Police station on Date of police complaint. Needless to state, the local police have taken no action against the accused persons, nor have they registered the FIR till date.
29.That the complainant has every reason to believe, on the facts and circumstances of this case stated above, that the police are intentionally and deliberately not taking action and are acting in active connivance with the accused persons.
30.That it is pertinent to mention here that, till date, neither have the accused persons been arrested nor has any inquiry been made by the police officials, which clearly demonstrates the mala fide intention of, and the collusion between, the police officials and the accused persons.
31.That since cognizable offences punishable under Sections 420/323/324/379/506/406/120B of the IPC have been committed within the jurisdiction of Police Station Police station, the complainant caused a police complaint to be lodged against the above-named accused persons at Police Station Police station. The accused persons are, therefore, liable to be punished for the offences mentioned above.
P R A Y E R
In view of the above facts and circumstances, it is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(a)Take cognizance of the offences under Sections 420/323/324/379/506/406/120B of the IPC or under any other relevant sections, and direct the summoning of the accused persons and their trial for the aforesaid offences, in the interest of justice.
(b)Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
DELHICOMPLAINANT
THROUGH
Advocate's name
ADVOCATES
Off.: Advocate's office address,
Advocate's office address.
Mob. No.: Advocate's mobile number
Email:
DATED: Date of application
IN THE COURT OF THE LD. METROPOLITAN MAGISTRATE, DIST. NORTH, ROHINI COURTS, DELHI.
CRIMINAL COMPLAINT No. Complaint number OF Year in the complaint number.
IN THE MATTER OF:
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED PERSONS
(P.S.: Police station)
APPLICATION UNDER SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE ON BEHALF OF THE COMPLAINANT SEEKING A DIRECTION TO THE SHO, POLICE STATION Police station, FOR REGISTRATION OF AN F.I.R. AGAINST THE ACCUSED PERSONS FOR THE OFFENCES UNDER SECTIONS 420/323/324/379/506/406/120B OF THE I.P.C.
MOST RESPECTFULLY SHOWETH:
1.That the complainant has filed the accompanying complaint under Section 200 Cr.P.C. for taking cognizance of the offences under Sections 420/323/324/379/506/406/120B of the Indian Penal Code against the accused persons.
2.That, for the sake of brevity, the contents of the accompanying complaint are not being repeated herein, and the same may be read as part and parcel of this application.
3.That the intervention of the police is required in the instant case, as cognizable offences have been committed and the police have refused to register an FIR.
4.That, in view of the averments made in the complaint, the complainant has disclosed the commission of cognizable offences and has made out a prima facie strong and apparent case for issuing a direction to the S.H.O., Police Station Police station, to register an FIR under the said sections.
5.That the Hon'ble Supreme Court of India has specifically laid down in numerous cases that the police cannot investigate any cognizable offence without registration of an FIR: Madhubala Vs. Suresh Kumar 1997 (3) Crimes 162 (SC); Suresh Chand Jain Versus State of Madhya Pradesh 2001 IAD (SC) 109.
6.That after the complaint was received at the Police Station, the complainant requested the police officials to register the FIR against the accused persons, but to no avail, as no action was taken by the concerned police officials, despite their being duty-bound to do so in terms of the recent judgment of the Supreme Court in Lallan Bhai & Ors. V/s State of Bihar & Anr., SC 2006 (3) JCC 1731, and also the landmark judgments in Ramesh Kumari Vs. State (N.C.T. of Delhi) & Ors. 2006 I AD (Cr.) SC 505 and State of Haryana and Others Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335.
7.That as the accused persons committed the offences of theft, threatening, criminal assault, defamation and criminal intimidation, being offences involving mens rea (guilty intention), evidence showing the dishonest intention of the accused is required to be led. In cases of this nature, in order to secure summoning and conviction by this Hon'ble Court, it is essential that evidence showing dishonest intention be placed before this Hon'ble Court, which is possible only through investigation by the police authorities.
8.That the complainant has no means to investigate the matter and/or identify the accused for the purposes of trial unless and until this Hon'ble Court directs the police to investigate the matter and find out/identify the accused and other conspirators. That the complainant, on his own, is unable to collect and bring the entire evidence which can prove the mala fides of the accused persons.
9.That upon a direction being issued by this Hon'ble Court under Section 156(3) Cr.P.C. on the complaint of the Applicant, the police shall be duty-bound to register the case and investigate the same.
10.That investigation into the abovementioned cognizable offences committed by the accused persons is essential to unearth the whole truth and to ascertain the manner of conspiracy and the exact role of the accused persons in the commission of the said substantive offences, so that, upon submission of the final report, this Hon'ble Court may try and punish them in accordance with law.
11.That this Hon'ble Court has jurisdiction to entertain this complaint and to pass a direction under Section 156(3) Cr.P.C. to the S.H.O., Police Station Police station, Delhi, as the cognizable offences punishable under Sections 420/323/324/379/506/406/120B of the Indian Penal Code committed by the accused persons have been committed within the jurisdiction of the aforesaid Police Station and within the jurisdiction of this Hon'ble Court; and this Hon'ble Court has the right to issue a direction under Section 156(3) Cr.P.C., call for the final report, and try and punish the accused in accordance with law.
12.That, in order to save the valuable time of this Hon'ble Court, it is expedient in the interest of justice that a direction be issued to the S.H.O., Police Station Police station, to register an FIR under Sections 420/323/324/379/506/406/120B of the IPC.
P R A Y E R
It is, therefore, most humbly prayed that this Hon'ble Court may direct the S.H.O., P.S. Police station, to immediately register an FIR against the accused persons under Sections 420/323/324/379/506/406/120B of the IPC and under any other relevant sections, and to investigate the matter further and submit a final report in this regard, in the interest of justice.
Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
DELHICOMPLAINANT
THROUGH
DATED: Date of application
Advocate's name
ADVOCATES
Off.: Advocate's office address,
Advocate's office address.
Mob. No.: Advocate's mobile number
Email:
IN THE COURT OF THE LD. METROPOLITAN MAGISTRATE, DIST. NORTH, ROHINI COURTS, DELHI.
CRIMINAL COMPLAINT No. Complaint number OF Year in the complaint number.
IN THE MATTER OF:
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED PERSONS
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, AR / Deponent's role in LLP of M/s. LLP name at LLP address, presently at New Delhi, do hereby solemnly affirm and declare as under:
1.That I am the Authorised Representative / Partner of the complainant firm in the above-noted matter, am well conversant with the facts and circumstances of the case, and am competent to swear and file the present affidavit.
2.That the contents of the annexed Complaint under Section 200 of the Code of Criminal Procedure have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and explained to me in my vernacular language, and the same are true and correct to my knowledge, no part thereof being false and nothing material having been concealed therefrom.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification, day of Month and year of verification, that the contents of the above affidavit are true and correct to my knowledge, no part thereof is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF LD. METROPOLITAN MAGISTRATE; DIST. NORTH; ROHINI COURTS, DELHI.
CRIMINAL COMPLAINT No. Complaint number OF Year of the complaint number.
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
VERSUS
Accused's name: ACCUSED
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, Authorised Representative / Partner of M/s. LLP name, presently at New Delhi, do hereby solemnly affirm and declare as under:-
1.That I am the Authorised Representative / Partner of the complainant firm in the above-noted matter, am well conversant with the facts and circumstances of the case, and am competent to swear and file the present affidavit.
2.That the contents of the annexed application under Section 156(3) of the Code of Criminal Procedure have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and explained to me in my vernacular language, and the same are true and correct to my knowledge, no part thereof being false and nothing material having been concealed therefrom.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification, day of Month and year of verification, that the contents of the above affidavit are true and correct to my knowledge, no part thereof is false and nothing material has been concealed therefrom.
DEPONENT