.... Complainant
VERSUS
The XYZ Restaurant & Ors.
.... Accused Persons
MEMO OF PARTIES
1. Mr.aaa, aged 38 yrs, S/O Sh.hhh, R/O Address:- ....(PS Nangloi).
2. Mr.bbb, aged 34 yrs, S/O Sh.jjj, R/O Address:- ....(PS Najafgarh).
3. Mr.ccc, aged 32 yrs, S/O Sh.kkk, R/O Address:- ....(PS Nangloi).
4. Mr.ddd, aged 30 yrs, S/O Sh.LLL, R/O Address:- ....(PS Paschim Vihar).
5. Mr.eee, aged 30 yrs, S/O Sh.mmm, R/O Address:- .... (PS….., Haryana).
........ Complainants 1 to 5
VERSUS
1. Sh. fff, aged about .. yrs, Owner of the XYZ Restaurant and Bar, Address:- ...., New Delhi.
2. Sh. ggg, aged about 45 yrs, Bouncer of the XYZ Restaurant and Bar, Address:- ...., New Delhi.
3. Sh.nnn, aged about 30 yrs, Bouncer of the XYZ Restaurant and Bar, Address:- ...., New Delhi.
4. Sh.ppp, aged about 35 yrs, Bouncer of the XYZ Restaurant and Bar, Address:- ...., New Delhi.
5. Sh.qqq, aged about 40 yrs, Bouncer of the XYZ Restaurant and Bar, Address:- ...., New Delhi.
6. Sh.rrr, aged about 38 yrs, Entrance ticket giver of the XYZ Restaurant and Bar, Address:- ...., New Delhi.
7. Sh.sss, aged about 42 yrs, Seal Affixer of the XYZ Restaurant and Bar, Address:- ...., New Delhi.
8. Sh.ttt, aged about 25 yrs, Night watchman of the XYZ Restaurant and Bar, Address:- ...., New Delhi.
(Accused 2 to 8 can be identified by the complainants, in a Test Identification Parade).
............. Accused 1 to 8.
PS…, New Delhi.
Under Sections 307, “Hurt caused”. IPC; 320/322/34 IPC.
Under Sections ... of the Arms Act.
Under Sections ... of the Delhi Police Act.
COMPLAINT Under Sections 156(3), 190 AND 200 Crl PC.
MOST RESPECTFULLY SHEWETH:-
1. The complainants beg to submit, at first about the injuries they suffered. In the next para, they will narrate the weapons used by the accused. Only thereafter, they will submit the chronological events, which compelled them to approach this Hon’ble Court, for justice, being, they fear, if chronology is based, the essence of the complaint will be not understood.
1.1. The police, who is illegally supporting the accused says that, complainants 2 to 5 did not smell alcohol, but the complainant 1 smell alcohol. However, no intoxication was alleged nor any medical test was conducted to prove this false allegation on the complainant no-1.
2. During the night of 23rd and 24th April year..., without any provocation or motive of what-so-ever nature, even at the cost of loss of customers to their Restaurant, the accused did a murderous attack on the complainants, which caused following injuries. The Photographs were taken after one week from the date of injury, prior to filing this criminal complaint, under the supervision of the Advocate who is filing this criminal complaint:-
2.1. Mr.aaa:-
2.1.1. In the fore-head two injuries: one injury 5 cm, with a depth of 1.5 cm, which had been healed by 6 stitches. The photograph taken on date..., along with negative is enclosed herewith and marked Exihibit/ Annexure C-1/1, for the kind perusal by this Hon'ble Court.
2.1.2. Another injury 2.5 cm long, which had been healed after 3 stitches, with a depth of 1.5 cm. The photograph taken on date..., along with negative is enclosed herewith and marked Exihibit/ Annexure C-1/2, for the kind perusal by this Hon'ble Court.
2.1.3. Fracture right leg ankle joint, Plaster of paris done on date..., to be opened after date.... The photograph taken on date..., along with negative is enclosed herewith and marked Exihibit/ Annexure C-1/3, for the kind perusal by this Hon'ble Court.
2.2. Mr.bbb:-
2.2.1. Head Injury with a sign of “Y” which is 4 cm long in one hand and 2 cm long in another hand. Sharp edged cut. It had been healed with 6 + 2 = 8 stitches. The photograph taken on date..., along with negative is enclosed herewith and marked Exihibit/ Annexure C-2/1, for the kind perusal by this Hon'ble Court.
2.2.2. Deep cut wound with sharp edged weapon, in the upper hand. No stitch had been applied. The photograph taken on date..., along with negative is enclosed herewith and marked Exihibit/ Annexure C-2/2, for the kind perusal by this Hon'ble Court.
2.2.3. Swelling and red coloured skin in the same area, of injury stated at para 2.2.2.
2.2.4. Ghum Chot in right calf (internak muscular injury), which causes pain since date....
2.3. Mr.ccc:-
2.3.1. Head injury, in the back side of the head, which is 3 cm long and 1.5.cm depth. The doctors could not give a stitch on date..., thus in the photograph date..., the depth could be seen. The photograph taken on date..., along with negative is enclosed herewith and marked Exihibit/ Annexure C-3/1, for the kind perusal by this Hon'ble Court.
2.4. Mr.ddd:-
2.4.1. Injury caused by sharpe edged weapon, in the right calf, 4.5 cm long and 1.5 cm depth. The photograph taken on date..., along with negative is enclosed herewith and marked Exihibit/ Annexure C-4/1, for the kind perusal by this Hon'ble Court.
2.4.2. Injury in the right palm, which is 2 cm long and 1.5 cm depth, which is caused by a sharp edged weapon. The photograph taken on date..., along with negative is enclosed herewith and marked Exihibit/ Annexure C-4/2, for the kind perusal by this Hon'ble Court.
2.4.3. Lathi mark, in the body which is 15 cms long. It causes a lot of pain since date....
2.4.4. Teeth bitten/ cut wound in “O” shape, in the left temporal lob, near ear. When this complainant caught one of the accused, who can be identified on a TIP, to prevent him from attacking on other complainants, the accused caused this injuty. The photograph taken on date... along with negative is enclosed herewith and marked Exihibit/ Annexure C-4/2, for the kind perusal by this Hon'ble Court.
2.5. Mr.eees:-
2.5.1. Ghum chot (=internal injury only on muscles), in the Cheek-face, caused by the accused.
2.5.2. One of the accused hit this complainant, with base ball bat, in the right seat of the comp- lainant. Hence the hit was obstructed by means of his purse/ batuva; the injury was prevented.
Para 3. In this para, the complainants will narrate the weapons used, by the accused.
3.1. No sharp edged weapons, like sword was used. However, there had been only one iron rod, which is 5 feet long. The complainants suffered sharp edged weapons injuries with 1.5 cm depth. It means, the said iron rod had a blade of 2 cm, welded into it, means, the accused were concealing weapons. They were not only dangerous, but also tricky (chalaak).
3.2. Base Ball sticks.
3.3. Lathi approximately 5 feet long.
3.4. Hocky sticks.
3.5. It is difficult for the complainants to submit, how many of each pieces of above weapons/ arms were used by the accused, however, each accused had one weapon.
Para 4:- Hence the Delhi Police had refused to file a correct FIR and investigate the case, this Complaint is filed. The photocopy of the FIR no. ..... dt. ..., of the PS ...... is enclosed herewith and marked as Exihibit/ ANNEXURE-A, for the kind perusal of this Hon'ble Court. It had been filed U/Ss 308/ 34 IPC and 28/110 Delhi Police Act.
Para 5:- The Police Personnel of the PS ....... had taken the complainants to Government Hospital. The MLCs, 5 in number are annexed as Exihibit/ ANNEXURE-B (Colly), for the kind perusal by this Hon'ble Court. In these MLCs, the injuries stated with photograph are not recorded and even the fractures are not recorded.
Para 6:- The complainant could conduct one more MLC each, from Sanjay Gandhi Hospital, all those 5 MLCs tally with the injuries stated above, but much different from the MLCs at Government Hospital. Those MLCs are produced as Exihibit/ ANNEXURE-C (Colly), for the kind perusal by this Hon'ble Court.
7. The reason for filing this Private criminal complaint before this Hon'ble Court is the inaction by the Police and collusion and fraud by the doctors of the Government Hospital.
8. The complainants submits the Chronological events, leading to the Murderous Attack, as follows:-
9. The complainant no-1 wanted to give a Reception (= entertaining Guests with food and tea, coffee etc) to the complainants nos-2 and 4. The complainant no-2 is son of younger brother of the father (Chacha’s son) of the complainant no-1, and they are immediate neighbours. Complainant no-4 is a friend. Eventhough no alcohol was consumed, consumption of alcohol was not prohibited in the accused's hotel and Bar. The interest was to visit a place, where there will be a lot of music and dance. With that purpose, in the car of the complainants, they reached the accused no-1 restaurant. The complainants nos- 3 and 5 also, without any prior information, had been present at the same place (the accused persons Hotel) came by travelling in their own Car. Both those cars were parked outside the accused no-1 Restaurant, in Parking area of the Market.
10. It had been the 2nd visit to the same place for the complainant nos- 3 and 4. They had sufficient knowledge of where to buy entry ticket.
11. The rules of the accused no-1 is like any other Bars. For the couple (= one male and one female) who visit, there is a Dancing Dias, where, the Couples can dance. However, if any visitor is single (= either male or female, without any companion of the opposite sex), he can only eat food and drinks. Alcoholic and non-alcoholic drinks are sold/ offered. The Value of these foods are about 1000% higher than the market value, however, considering the facility to dance and observe dance, and the music from high quality music instruments, the premium in food and drinks is justiciable. The Bouncers (Acused 2 to 4) are with a duty to prevent the single visitors, from entering the dance floor, which is permitted only for couples.
12. The accused 2 to 8 are not permitted to behave in the way, how they behaved with the complainants, the reason being, only rich and influential people visit that Restaurant, unless their patronage continues, the accused no-1 will be out of business.
13. The complainants paid Rs.500/- each, at the entrance, who affixed a rubber stamp in the hands, as entry permission. The Tokens for Rs.500/- each was issued, to pay while consuming food and drinks. Those persons, who did these duties are the same persons, who afterwards brutally attacked the complainants. The accused no-1 was standing with the person who affixed rubber stamps, that is accused no-7. From the High Quality dress he was wearing and facial expressions, the complainant no-1, who is a Doctor by profession, could presume it is the Owner. The said doubt was clarified and he introduced himself as Mr. fff.
14. The Restaurant room of the accused no-1 is a place of loud music and whispering sound will not be heard by any-one. All the visitors get excited and shout. That is the atmosphere in such places.
15. Within 15 minutes of entrance by the complainants, the accused nos-2 and 3 approached the complainant no-1 and asked him, not to whistle. The complainant replied that, it is not he, who whistled. Upon this answer, the accused no-2 told, it is the instruction of the accused no-1 that, the complainant no-1 should leave the Restaurant. The complainant no-1 answered that, hence he paid the entrance fee and not committing any illegal activities, he is not going to leave the Restaurant. It is written in the FIR that, the complainants had started dancing, it is wrong. It had not been a Barat (= party of the Groom going to the house of Bride, after marrying her; in which the friends and relatives of the Groom do dance due to happiness), where every one can dance. Hence the complainants were single, they were not even permitted to enter the dance floor.
16. Once the complainant no-1 refused to leave the place, the accused no-2 and 3 pushed him out. The accused no-1, in the presence of the complainant, asked those two accused to beat up the complainant no-1. There after, each of the complainants were told in the ear that, his friend is waiting for him outside and the said complainant, at one time only one was invited outside. By the time, the accused nos- 4 to 8 also were also joined with the crime.
17. Immediately upon reaching outside, the complainant no-1 was caused injury as stated at the beginning. He fell UNCONSCIOUS. He can identify only the accused 1 to 3, because of this incident.
18. Thereafter, one by one, all four complainants were invited outside, either by telling his friend is in trouble or he is awaited by his friend. Individually, especially after seeing their friends injured out-side, they could not put up any defence and were subjected to the murderous attack and grievous hurt as submitted earlier.
19. At the end, the 5th complainant also had been thrown out, all the accused stood watching those injured persons. The complainants removed their mobile phone and gave a Police 100 call. The accused made no efforts to restrain the said call. Only after the arrival of the PCR van, the accused left the place. It is stated wrong in the FIR that, when the Police reached the Place, they found the 5 aggressive young men, telling people to come out. In fact, the Complainant no-1 had been unconscious and other four were badly injured and lying on the ground.
20. The PCR took them to the Government Hospital, where the Colluded MLC was made. Thereafter, complainant no-1 was permitted to go home, but a Kalandra (= Petty case, case filed by Police before Executive Magistrate to maintain law and order), U/Ss 107/ 151 Crl PC was filed by the Police, against complainants 2 to 5. From the Hon'ble Court of the Special Executive Magistrate, the bail was obtained on the next day, and only there-after, they were permitted to come home. On the other hand, no action is being taken, even to conduct Test Identification Parade about the accused persons. Thus this Complaint is filed by the aggrieved injured victims/ Complainants.
21. On the next day, three of the relatives of the complainants went to the Parking area and recovered both the cars parked there. There were no damage to those Cars.
22. In these incidents, there are four things, which are difficult to explain. However, those things do not reduce the gravity of the Crime:-
22.1. There had been no motive, to attack like this on the complainants. There were no previous enemity or the complainants did not break their rules or challenged them. In fact, the accused no-1 lost his customers, which a reasonable man will never do.
22.2. The accused made no efforts to restrain the complainants, from calling the PCR. It could have been very easy, for them to do. On the other hand, in a realistic language, they guarded the complainants, now injured, against any theft from any third party and dogs.
22.3. The accused had sufficient opportunity to rob the complainants, which they do not do.
22.4. The accused had opportunity to damage the Cars, which were parked at the stone throwing distance. However, those cars were found without any damage, on the next day, when the complainants went/ returned back there, after being released from the Police Custody, on Bail.
23. However, the accused persons were keeping iron rod with concealed blade. They colluded with the Police and the Government hospital, to wipe off the complaint of the complainants, thus, the Offence deserve to be investigated.
24. The manner in which the attack was done, it is clear that, they had the intention to cause death of the complainants. The accused were expected to have the knowledge that, those injuries must have resulted in death, in the ordinary course, unless proper medical treatments were received. The complainants submits that had it caused death, it must have been a murder. In the said attack, injuries were caused to complainants.
25. The complainant’s head were injured by the accused. The head and face were permanently disfigured. There had been fracture, dislocation and Ghum-chot (= damage caused to the muscles, which will pain, but injury will not be visible) on the person of the complainants. The complainant’s plaster of paris will be removed only after one month from the date of injury. Even due to pain the complainants are unable to follow their ordinary pursuits. The accused had voluntarily caused hurt, which he intends to cause and knowingly caused had been grievous hurt.
26. There is no delay/ laches in filing this complaint before this Hon’ble Court.
27. That even after this incident, all the concerned Police authorities kept themselves silent in order to help the accused from punishment and registered only an FIR U/S 308 IPC, did not conduct TIP. These circumstances show that the Police authorities had joined hands with the accused and thus this Private criminal complaint is filed before this Hon’ble Court, to investigate into the matter for directing against all the accused to book them for proper sections and trial of all the accused for the same.
28. That in the aforesaid manner, all the accused persons with their common intention, mensrea and knowledge had caused offences alleged herein above.
29. PRAYER:- It is therefore, most humbly prayed before this Hon’ble Court, in the interests of Justie:-
29.1. To take cognizance of the offences committed by the accused.
29.2. A direction may kindly be issued for the appropriate investigation by independent authorities and to register a case against the accused persons.
29.3. Pass such other Orders as this Hon’ble Court may deem fit and proper, in the facts and circumstanes of this case.
New Delhi
Dated: ....
Sd/- Complainants 1 to 5.
Through
Advocate.
List of witnesses and Documents are separately filed.
===========================================
IN THE HON’BLE COURT OF Additional Chief Metropolitan Magistrate,
PATIALA HOUSE COURTS, NEW DELHI
Crl. Complaint No. of year .....
Mr.aaa Kaushik & Ors.
.... Complainant
VERSUS
The XYZ Restaurant & Ors.
.... Accused Persons
LIST OF DOCUMENTS RELIED
Sl.No. Particulars.
01. Photographs of injuries, with negatives, Exihibit/ annexure numbered:- Total negatives ... each and photographs ... each.
02. MLC numbers. Dated ..... of the Government Hospital.
03. MLC numbers, dated. of the Sanjay Gandhi Hospital.
04. FIR NO.... dated .... of the Police Station .....
05. Kalandra NO..... dated .... of the Police Station .....
06. Any other documents, with the permission of the Hon’ble Court.
New Delhi
Dated: ....
Sd/- Complainants 1 to 5.
Through
Advocate.
=================================================
IN THE HON’BLE COURT OF Additional Chief Metropolitan Magistrate,
PATIALA HOUSE COURTS, NEW DELHI
Crl. Complaint No. of year .....
Mr.aaa Kaushik & Ors.
.... Complainant
VERSUS
The XYZ Restaurant & Ors.
.... Accused Persons
LIST OF WITNESSES
01. Photographer, who took photos on date ...., namely Mr..... aged ....
02. Doctors of the Government Hospital, who had prepared the MLC after examining the complainants.
03. Doctors of the Sanjay Gandhi Hospital, who had prepared the MLC after examining the complainants.
04. Police personnel from Police Station .... and the PCR van who took the complainants to the Hospital.
05. Any other Witnesses, with the permission of the Hon’ble Court.
New Delhi
Dated: ....
Sd/- Complainants 1 to 5.
Through
Advocate.
===============================================
CHAPTER 18 : HABEAS CORPUS WRIT PETITIONS SPECIMENS
One of the previous chapters had explained the Theory about Recovering persons from illegal custody. Various case laws also were given in the said Chapter. In thi