SONAM CHADHA - Application - 156 - 3 - CRPC
SONAM CHADHA - Application - 156 - 3 - CRPC
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
1. Memo of Parties
06.03.2023.
4. ANNEXURE-2: True Copy of the
information.
Affidavit.
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
STATE …COMPLAINANT
Versus
RWA OF AWHO & OTHERS …ACCUSED
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]
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.
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: -
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
breakdown. The said documents are also saved in the hard disc
tempered / altered.
that hard copies of the said documents, filed and relied upon by
DEPONENT
VERIFICATION
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
Respectfully Showeth:
PRAYER
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: -
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
Accepted by me;
(Attorney: MILAN BISWAS) -…………………
DATE:………………………