100% found this document useful (1 vote)
3K views31 pages

SONAM CHADHA - Application - 156 - 3 - CRPC

This document is an application filed in court seeking monitoring of an investigation into a police complaint. Specifically, it alleges that the police investigation into the beating and killing of community dogs in AWHO Society has been inadequate and resulted in miscarriage of justice. It provides details of key witnesses and evidence that the investigating officer has allegedly failed to examine, including eyewitnesses to the incident and missing dogs. The applicant requests the court to monitor the investigation to ensure it is properly and thoroughly conducted.

Uploaded by

Sunil Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
100% found this document useful (1 vote)
3K views31 pages

SONAM CHADHA - Application - 156 - 3 - CRPC

This document is an application filed in court seeking monitoring of an investigation into a police complaint. Specifically, it alleges that the police investigation into the beating and killing of community dogs in AWHO Society has been inadequate and resulted in miscarriage of justice. It provides details of key witnesses and evidence that the investigating officer has allegedly failed to examine, including eyewitnesses to the incident and missing dogs. The applicant requests the court to monitor the investigation to ensure it is properly and thoroughly conducted.

Uploaded by

Sunil Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 31

IN THE HON’BLE COURT OF

CHIEF JUDICIAL MAGISTRATE,


DISTRICT & SESSIONS COURT
GAUTAM BUDDHA NAGAR
MISC. APPLICATION________/2023
IN THE MATTER OF:

STATE …COMPLAINANT
Versus
RWA OF AWHO & OTHERS …ACCUSED
FIR NO. 0117 OF 2023
U/S 429, 120-B, 34 IPC, 1860 &
U/S 11 OF PREVENTION OF
CRUELTY TO ANIMALS ACT, 1960
P.S.: - BETA-2, GREATER NOIDA
INDEX

S.NO Description Page No.

1. Memo of Parties

2. Application U/s 156(3) Cr.P.C. for

monitoring the FIR No. 0117/2023

along with affidavit.

3. ANNEXURE-1: True Copy of the FIR

No. 0117 of 2023 dt. 06.03.2023 along

with copy of written complaint dt.

06.03.2023.
4. ANNEXURE-2: True Copy of the

written statement dt. 07.03.2023 along

with copy of email dt. 08.03.2023 sent

by Sonam Chadha to the Police.

5. ANNEXURE-3: True copy of the

WhatsApp message sent by the

Deponent to the IO – eye witness

information.

6. ANNEXURE-4: True Copy of Tweet

dt. 15.03.2023 posted by Kaveri Rana.

7. ANNEXURE-5: True Copy of

WhatsApp Screenshots of text messages

sent by Kaveri Rana to Police.

8. ANNEXURE – 6: True Copy of the

written statement dt. 20.03.2023 along

with copy of email dt. 12.04.2023 sent

by Sonam Chadha to the Police.

9. Certificate under Section 65B of The

Indian Evidence Act,1872.


10. Application for exemption from

personal appearance alongwith

Affidavit.

11. Power of Attorney

12. Vakalatnama

FILED BY: -

Parth Semwal
Advocate
D/1459/2014
--------------------------------
Chamber No. - 78,
District and Sessions Courts,
Gautam Buddha Nagar, Surajpur,
Greater Noida, Uttar Pradesh
M. 98736 45260
E. [email protected]

Date:
Place:
IN THE HON’BLE COURT OF
CHIEF JUDICIAL MAGISTRATE,
DISTRICT & SESSIONS COURT
GAUTAM BUDDHA NAGAR
MISC. APPLICATION________/2023
In the matter of:

STATE …COMPLAINANT
Versus
RWA OF AWHO & OTHERS …ACCUSED
FIR NO. 0117 OF 2023
U/S 429, 120-B, 34 IPC, 1860 &
U/S 11 OF PREVENTION OF
CRUELTY TO ANIMALS ACT, 1960
P.S.: - BETA-2, GREATER NOIDA

MEMO OF PARTIES

SONAM CHADHA
MAXIMA M3/203, 66 FT. ROAD,
NEAR JALANDHAR HEIGHTS 2,
JALANDHAR, PUNJAB – 144002
INDIA
M. 88260 31179 …Complainant
Versus
UNKNOWN MEMBERS OF RWA OF AWHO
AND
UNKNOWN SECURITY GUARDS OF
PRO-INTERACTIVE SERVICES (INDIA) PVT. LTD. …Accused
Complainant Through: -

Parth Semwal
Advocate
D/1459/2014
--------------------------------
Chamber No. - 78,
District and Sessions Courts,
Gautam Buddha Nagar, Surajpur,
Greater Noida, Uttar Pradesh
M. 98736 45260
E. [email protected]

Date:
Place:
IN THE HON’BLE COURT OF
CHIEF JUDICIAL MAGISTRATE,
DISTRICT & SESSIONS COURT
GAUTAM BUDDHA NAGAR
MISC. APPLICATION________/2023

In the matter of:

STATE …COMPLAINANT
Versus
RWA OF AWHO & OTHERS …ACCUSED

FIR NO. 0117 OF 2023


U/S 429, 120-B, 34 IPC, 1860 &
U/S 11 OF PREVENTION OF
CRUELTY TO ANIMALS ACT, 1960
P.S.: - BETA-2, GREATER NOIDA

APPLICATION UNDER SECTION 156(3) OF THE CODE OF


CRIMINAL PROCEDURE, 1973 FOR MONITORING OF
INVESTIGATION IN FIR NO. 0117 OF 2023, UNDER
SECTION 429, 120-B, 34 OF I.P.C, AND SECTION 11 OF THE
PREVENTION OF CRUELTY TO ANIMALS ACT, 1960; P.S.
BETA-2, GREATER NOIDA, U.P. FOR AND ON BEHALF OF
COMPLAINANT.

MOST RESPECTFULLY SHOWETH:

1. That on the basis of written complaint of the Deponent and


others, the FIR No. 0117/2023 was registered at Police Station
BETA-2, GREATER NOIDA on 06.03.2023
[True Copy of the FIR No. 0117 of 2023 dt. 06.03.2023 along
with copy of written complaint dt. 06.03.2023 is annexed
herewith and marked as Annexure – 1 (Colly)]

2. That the right to fair, effective and speedy investigation is


back bone of rule of law guaranteed under Article 21 of the
Constitution of India.

3. That proper investigation has not been conducted by the


investigating officer i.e. SUNNY KUMAR (Sub- Inspector)
by not recording statement of key witnesses and informants,
resulting in miscarriage of justice.

4. That in the second sentence of the FIR, it is clearly mentioned


that Col KK Das r/o AWHO, Greater Noida informed the
group of Animal Feeders and Caregivers of AWHO Society,
of which the Deponent is a member, that his driver had
witnesses the crime at 2am on 04.03.2023. The Deponent
submitted written statement on 07.03.2023 to the IO along
with an email dt. 08.03.2023 to the SHO, DCP, Commissioner
of Police, NOIDA, providing the name and car RC no. (DL-8-
CAN-2523), phone number of the driver i.e. Mr. Premvir
(+91-82871 50160), so as to enable the IO to conduct proper
investigation and record the statement of the eye witness Mr.
Premvir. However, as informed by Col KK Das, the IO has
not approached him for recording his statement or that of his
driver Mr. Premvir.
[True Copy of the written statement dt. 07.03.2023 along with
copy of email dt. 08.03.2023 sent by Sonam Chadha to the
Police is annexed herewith and marked as Annexure – 2]

5. That in the supplementary information submitted by the


Deponent on 07.03.2023 by hand to the IO and via email dt.
08.03.2023 to SHO, DCP and Commissioner of Police, it is
stated that that Col Amit Hajela r/o AWHO Society, who is a
member of the RWA possesses valuable information
regarding decision of the other RWA member(s) to get rid of
community dogs by all means even if it involved commission
of offences against the community dogs. The merciless
beating up of black dog – Tom, occurred in pursuance of the
decision taken by the RWA.

6. That it is also pertinent to mention that in the supplementary


information dt, 07.03.2023 provided by the deponent to the
Police officials, it was also informed that another dog by the
name COCO had been missing since a 02.03.2023 or
03.03.2023 i.e. a day prior to the crime against the Black Dog
in this FIR. There were blood marks in other areas of the
society and videos of which were captured by Saravani Hajela
d/o Col Amit Hajela. However, IO has not investigated this
and there is serious lacuna in the investigation being
conducted by the IO which is resulting in miscarriage of
justice.

7. That on 11.03.2023, the Deponent received a telephone call


from +91-78955 49616 wherein she was informed by the
telephone caller that he wants to provide information about the
murder of the dog. He informed that he is calling from
someone else’s mobile phone and that he works as a security
guard in AWHO Society. He informed that has seen with his
own eyes how the dog was killed by Tejpal/Tejram Bhati,
Ravi Kumar, Sonbir Singh, who tired the dog by running after
him and then beat the dog with iron rods outside Gate No. 2,
they stamped the neck of the dog with their feet, killed the
dog, put it in a sack and threw the body in a sewer nearby. He
also informed that these 3 security guards /supervisors are still
on duty in AWHO Society and that many other guards saw
this crime when it happened. That the Deponent recorded the
above-mentioned telephone call received from +91-78955
49616, who claims to be the eye witness of the crime, and the
deponent will provide the same to the Police or to this
Honourable Court upon being directed for the same.

8. That the Deponent informed the IO about this eye witness and
provided the information as mentioned above, however, the IO
has failed to investigate on this very critical aspect which can
lead to the key eye witness in this case.
[True copy of the WhatsApp message dt. 11.03.2023 sent by
the Deponent to the IO, informing him about eye witness is
annexed herewith and marked as Annexure – 3]
9. That on 14.03.2023, the Deponent found out through Twitter
that the black dog in this case i.e. Tom wearing collar no. 37,
had been reported to an animal welfare activist namely, Kaveri
Rana by President of RWA, Sector-XU-2, Greater Noida. The
dog was wearing collar bearing no. 37, the dog’s legs were
tied with a nylon rope and it had suffered grave injuries in all
legs where rope was in contact with the body. As a result, the
cuts and wounds were severe and the bones were visible to the
naked eye. The official twitter handle of DCP, Greater Noida
and Noida Police were also tagged in the tweet for necessary
action but no response received from either.
[True Copy of Tweet dt. 15.03.2023 posted by Kaveri Rana is
annexed and marked as Annexure – 4]

10.That, Kaveri Rana, telephoned the IO, sent him a WhatsApp


message but received no response. The SHO, ACP, DCP
administrative superiors of the IO were also informed via
WhatsApp but no response was received from all the Police
officers. The deponent physically verified the dog by visiting
the shelter of Kaveri Rana and found out that it was the same
dog i.e. Tom, which is involved in the present case.
[True Copy of WhatsApp Screenshots of text messages sent
by Kaveri Rana to Police are annexed and marked as
Annexure – 5]

11. That Kaveri Rana who was in possession of case property i.e.
the Dog, has not been contacted by the IO until today, for any
investigation whatsoever. Thus, the IO has failed to comply
with Section 34 of the Prevention of Cruelty to Animals Act,
1960 and Rule 3(a) of the Prevention of Cruelty to Animals
(Care and Maintenance of Case Property Animals) Rules,
2017 which requires the IO to produce the animal before
magistrate or veterinary officer for medical examination. The
provisions are reproduced as follows: -
Section 34 - General power of seizure for examination
Any police officer above the rank of a constable or
any person authorised by the State Government in this
behalf, who has reason to believe that an offence
against this Act has been or is being, committed in
respect of any animal, may, if in his opinion the
circumstances to require, seize the animal and
produce the same for examination by the nearest
magistrate or by such veterinary officer as may be
prescribed, and such police officer or authorised
person may, when seizing the animal, require the
person in charge thereof to accompany it to the place
of examination.
Rule 3: Custody of animals pending litigation
When an animal has been seized under the provision
of the Act or the rules made thereunder— (a) the
authority seizing the animal shall ensure health
inspection, identification and marking such animal,
through the jurisdictional veterinary officer
deployed at Government Veterinary Hospital of the
area and marking may be done by ear tagging or by
chipping or by any less irksome advance technology
but marking by hot branding, cold branding and other
injurious marking shall be prohibited;

12. That the Deponent has received information from Kaveri Rana
that she has got the dog medically examined and the dog was
found to be in critical condition with swelling and blunt force
trauma on entire body and both hind legs have injuries due to
nylon rope tied tightly for a period of 11 days approximately
from 04.03.2023 to 14.03.2023. This Hon’ble Court may be
pleased to pass an order directing I.O. to obtain the medical
report of the dog from Kaveri Rana so that the complete facts
are brought to the knowledge of this Hon’ble Court.
13. That, on 20.04.2023, due to high expenses and other reasons,
Kaveri Rana sent the case property herein i.e. the dog, to
Jalandhar where the Deponent resides.
14. That on 20.03.2023, the Deponent submitted another written
statement providing information to the I.O. regarding
information of eye witness driver Premvir, the phone call
(+91-78955 49616) from another eye witness who claimed to
be a security guard present on duty at the scene of crime and
named 3 culprits – Tejpal/Tejram Bhati, Ravi Kumar, Sonbir
Singh. Further the Deponent submitted that she had visited the
premises of Kaveri Rana and verififed that the dog found in
critical state by her in Sector XU-2, Greater Noida was Tom
wearing collar bearing the no. 37. She also submitted that
Government Veterinary officer Dr. Dheeraj Pal Gangwar at
Dankaur Govt. Veterinary Hospital had medically examined
the dog and diagnosed him as critical. The deponent requested
the I.O. for collecting all evidence, recording statements of all
witnesses in accordance with law and ensure justice prevails.
However, the I.O. has not conducted a proper investigation
and this Hon’ble Court’s intervention is required.

[True Copy of the written statement dt. 20.03.2023 along with


copy of email dt. 12.04.2023 sent by Sonam Chadha to the
Police is annexed herewith and marked as Annexure – 6]

15. That the directions for monitoring of the investigation can be


issued where there has been failure of justice due to poor
investigation and in the present case the IO has been observed
to have not done his duty in a satisfactory manner.
16. That the Hon’ble Supreme Court in Sakri vasu Versus State
of U.P 2008 1 SCC Cri. 440 in Para 13, Para 15, Para 24 &
Para 29 has, inter-alia, held: -
“13…….We would further clarify that even if an
FIR has been registered and even if the police has
made the investigation, or is actually making the
investigation, which the aggrieved person feels is
not proper, such a person can approach the
Magistrate under Section 156(3) Cr.P.C., and if the
Magistrate is satisfied he can order a proper
investigation and take other suitable steps and pass
such order orders as he thinks necessary for
ensuring a proper investigation. All these powers a
Magistrate enjoys under Section 156(3) Cr.P.C….

15. Section 156(3) provides for a check by the


Magistrate on the police performing its duties under
Chapter XII Cr.P.C. In cases where the Magistrate
finds that the police has not done its duty of
investigating the case at all, or has not done it
satisfactorily, he can issue a direction to the police
to do the investigation properly, and can monitor the
same.
24. In view of the abovementioned legal position, we
are of the view that although Section 156(3) is
verybriefly worded, there is an implied power in the
Magistrate under Section 156(3) Cr.P.C. to order
registration of a criminal offence and /or to direct
the officer in charge of the concerned police station
to hold a proper investigation and take all such
necessary steps that may be necessary for ensuring
a proper investigation including monitoring the
same. Even though these powers have not been
expressly mentioned in Section 156(3) Cr.P.C., we
are of the opinion that they are implied in the above
provision.

29……If the Magistrate on an application under


Section 156(3) Cr.P.C. is satisfied that proper
investigation has not been done, or is not being done
by the officer-in-charge of the concerned police
station, he can certainly direct the officer in charge
of the police station to make a proper investigation
and can further monitor the same”

17. That the complainant has not filed any similar application in
any court of law except the present application.
18. That it is pertinent to mention here that the complainant on
multiple occasions, provided vital information regarding the
case, providing information of witnesses and other facts which
may lead to discovery of evidences in the present case,
however the investigating officer acting in negligent manner
has been conducting a shoddy investigation leading to
miscarriage of justice, thus warranting interference of this
Hon’ble Court.
PRAYER
It is, therefore, most respectfully prayed that in view of the facts
and circumstances as mentioned above, this Hon’ble Court, may
be pleased: -
A. to monitor the investigation of the FIR 0117 of 2023;
B. to direct the Investigating Officer to record statements of
all relevant witnesses as mentioned in Paragraphs 4 to 9
above and collect relevant evidence from them;
C. to direct the Investigating Officer to submit a Status
report;
D. to direct the IO to complete the investigation
expeditiously and file the charge-sheet before this
Hon’ble Court;
E. to pass any other order(s) which this Hon’ble court may
think fit and proper in the interest of justice.
Prayed Accordingly.
Complainant Through: -
Parth Semwal
Advocate
D/1459/2014
--------------------------------
Chamber No. - 78,
Date:………….. District and Sessions Courts,
Gautam Buddha Nagar, Surajpur,
Place:………….. Greater Noida, Uttar Pradesh
IN THE HON’BLE COURT OF
CHIEF JUDICIAL MAGISTRATE,
DISTRICT & SESSIONS COURT
GAUTAM BUDDHA NAGAR
MISC. APPLICATION________/2023
In the matter of:

STATE …COMPLAINANT
Versus
RWA OF AWHO & OTHERS …ACCUSED
FIR NO. 0117 OF 2023
U/S 429, 120-B, 34 IPC, 1860 &
U/S 11 OF PREVENTION OF
CRUELTY TO ANIMALS ACT, 1960
P.S.: - BETA-2, GREATER NOIDA

AFFIDAVIT
I, Ms. Sonam Chadha d/o Mr. Barinder Singh Chadha, r/o Maxima
M3/203, 66 Ft. road, near Jalandhar Heights 2, Jalandhar, Punjab,
Pincode – 144002, Punjab, aged about 37 years, do hereby solemnly
affirm and declare as under: -

1. That the deponent being the complainant in the aforesaid


case/FIR, is fully conversant with the facts and circumstances of
the case and as such competent to swear this affidavit.
2. That the contents of paras 1 to 18 of the accompanying
application u/s 156(3) of Cr.P.C. are correct and true to the best
of my knowledge and belief and nothing material has been
concealed therefrom.
3. That the accompanying application under section 156 (3) of
Cr.P.C. has been drafted by my counsel on my instructions and
advice and the same has been read over to me which is correct
and true to my belief and knowledge.

DEPONENT

VERIFICATION
Verified at Jalandhar, Punjab on this ____ day of _______ 2023 that
the contents of my above affidavit are true to my knowledge and
belief and nothing has been concealed therefrom.

DEPONENT
IN THE HON’BLE COURT OF
CHIEF JUDICIAL MAGISTRATE,
DISTRICT & SESSIONS COURT
GAUTAM BUDDHA NAGAR
MISC. APPLICATION________/2023
IN THE MATTER OF:

STATE …COMPLAINANT
Versus
RWA OF AWHO & OTHERS …ACCUSED
FIR NO. 0117 OF 2023
U/S 429, 120-B, 34 IPC, 1860 &
U/S 11 OF PREVENTION OF
CRUELTY TO ANIMALS ACT, 1960
P.S.: - BETA-2, GREATER NOIDA

CERTIFICATE UNDER SECTION 65B OF THE INDIAN


EVIDENCE ACT, 1872

1. I, Ms. Sonam Chadha d/o Mr. Barinder Singh Chadha, r/o

Maxima M3/203, 66 Ft. road, near Jalandhar Heights 2,

Jalandhar, Punjab, Pincode – 144002, Punjab, aged about 37

years, do hereby solemnly affirm and declare as under: -

2. That I am the complainant in the FIR No 0117/2023 and I am

fully conversant with facts and circumstances of the case, hence

competent to swear and depose this certificate under Section

65B of the Indian Evidence Act, 1872.


3. That the accompanying application under Section 156(3) of the

Cr. P.C alongwith annexures, may be read as part and parcel of

this present certificate u/s 65B of the Indian Evidence Act,

1872. Some of the annexures are the hard copies of electronic

records comprising of the emails sent to Police and screenshots

of my WhatsApp chat with the Police, screenshots of WhatsApp

messages received from Kaveri Rana, screenshots of tweet dt.

15.03.2023 posted by Kaveri Rana. These documents were

taken by me through computer and mobile. These documents

contain facts relevant to the above said matter. I crave leave to

refer to and rely upon clear copies / transcripts of the same at

the time of hearing, if necessary.

4. It is stated that the said bunch of annexures relied upon and

filed by me before this Hon’ble Court, are the computer and

mobile output / hardcopies, of the electronic records stored,

synced in my computer & my email ID – [email protected]

and mobile phone of iPhone, Mobile number +91- 88260 31179

(SIM of JIO company);


5. I confirm that the contents of the hardcopies of the said

annexure/documents, filed and relied upon by me before this

Hon’ble Court which were taken through computer terminal and

the said mobile operated by me, are identical to the original

electronic record matter at the above said devices. The said

documents have been taken by me from my computer and

mobile and are the computer outputs / printouts of the above

said electronic records, as defined under Section 65B of the

Indian Evidence Act, 1872. I am using the said computer and

mobile regularly to store a process of formation without any

breakdown. The said documents are also saved in the hard disc

of computer. The aforesaid the e-mails, tweet screenshot,

WhatsApp messages and WhatsApp screenshots are derived

from such information fed/received into the computer and

mobile phone in the ordinary course and it has not been

tempered / altered.

6. That, accordingly, I am making this present affidavit to certify

that hard copies of the said documents, filed and relied upon by

me before this Hon’ble Court, are “true copy / reproduction of


the electronic record which was fed into / transmitted through

computer terminal and mobile. The above affidavit, therefore, in

the facts and circumstances of the case, is sufficient compliance

of Section 65B of the Evidence Act. The above hard copies /

printouts as taken out from the computer and mobile, therefore,

can be treated as certified copy of same.

DEPONENT

VERIFICATION

Verified at Jalandhar, Punjab on this ………. day of …………….


2023 that the contents of the above affidavit are true and correct to the
best of my knowledge and belief and nothing material has been
concealed therefrom.

DEPONENT
IN THE HON’BLE COURT OF
CHIEF JUDICIAL MAGISTRATE,
DISTRICT & SESSIONS COURT
GAUTAM BUDDHA NAGAR
MISC. APPLICATION________/2023
IN THE MATTER OF:

STATE …COMPLAINANT
Versus
RWA OF AWHO & OTHERS …ACCUSED
FIR NO. 0117 OF 2023
U/S 429, 120-B, 34 IPC, 1860 &
U/S 11 OF PREVENTION OF
CRUELTY TO ANIMALS ACT, 1960
P.S.: - BETA-2, GREATER NOIDA

APPLICATION FOR EXEMPTION FROM PERSONAL


APPEARANCE

Respectfully Showeth:

1. That the applicant has filed the accompanying application under


Section 156(3) of the Cr.P.C. in the FIR No. 0117/2023 which
may be read as part and parcel of this present application.
2. That the applicant in the present case is unable to put her
personal presence before this Hon’ble Court due to the reasons
that the Applicant has recently shifted from Greater Noida to
Jalandhar, Punjab and is taking care of her elderly parents aged
around 70 years
3. That the non-appearance of the applicant before the Hon’ble
Court is neither intentional nor wilful but is due to the above
mentioned reason.

PRAYER

It is, therefore, most respectfully prayed that this application may


kindly be allowed and the applicant may kindly be exempted from
personal appearance.

Prayed Accordingly.

Complainant Through: -

Parth Semwal
Advocate
D/1459/2014
--------------------------------
Chamber No. - 78,
District and Sessions Courts,
Gautam Buddha Nagar, Surajpur,
Greater Noida, Uttar Pradesh
M. 98736 45260
E. [email protected]

Date:
Place:
IN THE HON’BLE COURT OF
CHIEF JUDICIAL MAGISTRATE,
DISTRICT & SESSIONS COURT
GAUTAM BUDDHA NAGAR
MISC. APPLICATION________/2023
IN THE MATTER OF:

STATE …COMPLAINANT
Versus
RWA OF AWHO & OTHERS …ACCUSED
FIR NO. 0117 OF 2023
U/S 429, 120-B, 34 IPC, 1860 &
U/S 11 OF PREVENTION OF
CRUELTY TO ANIMALS ACT, 1960
P.S.: - BETA-2, GREATER NOIDA

AFFIDAVIT
I, Ms. Sonam Chadha d/o Mr. Barinder Singh Chadha, r/o Maxima
M3/203, 66 Ft. road, near Jalandhar Heights 2, Jalandhar, Punjab,
Pincode – 144002, Punjab, aged about 37 years, do hereby solemnly
affirm and declare as under: -

1. That the deponent being the complainant in the aforesaid


case/FIR and is fully conversant with the facts and
circumstances of the case and as such competent to swear this
affidavit.
2. That the contents of paras ..... to ...... of the accompanying
application are correct and true to the best of my knowledge and
belief and nothing material has been concealed therefrom.
3. That the accompanying application for exemption from personal
appearance has been drafted by my counsel on my instructions
and advice and the same has been read over to me which is
correct and true to my belief and knowledge.

DEPONENT

VERIFICATION
Verified at Jalandhar, Punjab on this ____ day of _______ 2023 that
the contents of my above affidavit are true to my knowledge and
belief and nothing has been concealed therefrom.

DEPONENT
POWER OF ATTORNEY TO ADOPT AND DEFEND LEGAL
PROCEEDINGS

Be it known to all to whom it may concern that I, Ms. Sonam Chadha


aged about 37 years, d/o Mr. Barinder Singh Chadha R/o Maxima
M3/203, 66 Ft. road, near Jalandhar Heights 2, Jalandhar, Punjab,
Pincode – 144002 on this ______day of________2023, the
complainant in FIR No. 0117 and FIR No. of 2023 and FIR No. 0535
of 2022, both registered at P.S. Beta-2, Greater Noida hereinafter
referred to as “criminal cases”, do hereby nominate, constitute and
appoint Mr. Milan Biswas aged about 39 years, S/o Kishan Biswas,
R/o G-02, Sector- Pi-01, Greater Noida, Uttar Pradesh as my attorney
for me, in my name and on my behalf, to do or execute all or any of
the following acts or things in connection with the said criminal case:

1. To sign, declare and verify Petitions, Applications, Complaints,


Plaints, Statement of Claims, Written Statements, Defenses,
Counter-Claims, Appeals, Reviews, Applications, Affidavits,
Authorities, Vakalatnamas and writings of every description as
may be necessary to be signed, verified and executed for the
purpose of any criminal cases, suits, actions, arbitration
proceedings, appeals and proceedings of any kind whatsoever
before any Court of Law whether of Original, Appellate,
Testamentary or Revisional Jurisdiction or any other Judicial
Authority or Tribunal or Arbitrators and to do all acts and
appearances and applications in any such proceedings brought or
commenced and to defend, answer or oppose the same or suffer
Judgments or Decrees to be passed taken or pronounced or to
consent to the same in any such proceedings and to execute such
Decrees or orders as the said Attorney shall be advised or think
proper and also to bid by or on my behalf at the Auction Sales that
may be held under the powers reserved to me under any Mortgage
or Charge or under liberty granted by any Court relating thereto
and to bid at and purchase any land here determents and premises
at such auction sales and to sign and execute any applications,
affidavits, agreements or other documents or writings relating
thereto.

2. To appoint and engage Advocates, Solicitors, Counsel in such


proceedings and to agree to pay and pay their fees and cost.

3. To do all necessary acts, deeds, steps etc. to properly prosecute


and/or defend (as the case may be) such proceedings including
giving of evidence on my behalf.

4. To compromise or refer to arbitration such legal proceedings and


for that purpose to sign all necessary documents, as may be
required as also to do all acts and take steps in such arbitration
proceedings. The powers and authorities granted herein to the
Attorney shall also be exercisable in such Arbitration proceedings.

5. And for removing any doubt as to the true meaning of these


presents or as to the construction or application of the powers,
authorities and discretion hereby conferred, I do hereby declare
that the powers, authorities and discretion hereby conferred shall
not in any case be deemed to be limited to the transactions and
matters as are herein expressly mentioned but the same shall in all
cases extend to any other matters or transactions not herein
precisely mentioned or defined and which may be exercised in the
course of all acts done to secure my interest in the said
proceedings.

6. And I do hereby declare that the powers and authorities and


discretion hereby conferred upon the Attorney shall be available
for exercise by him both during my absence as also at the same
time and place along with myself.

7. To do generally all other acts and things for conducting the


litigation in the FIRs mentioned in Paragraph 1 above, as I could
have done the same if I were personally present.

Whereas, I, the Executant, do hereby specifically mention that the acts,


deeds and things done or got to be done by my attorney by virtue of
this power of attorney in respect to the said property be construed as
acts, deeds and things done by me.

IN WITNESS WHEREOF, I, the Executant, have put my hands on


these presents in the presence of the following witnesses.

SIGNED AND DELIVERED by the Executant

Within named – Sonam Chadha …………………...


In the presence of witnesses: -
1. ………………………….. 2………………………………..

Identified by me; Before me,


Advocate:……………………….. Notary/Oath:………....

Accepted by me;
(Attorney: MILAN BISWAS) -…………………

PLACE: JALANDHAR, PUNJAB

DATE:………………………

You might also like