IN THE HONBLE COURT METROPOLITAN MAGISTRATE,

KARKARDOOMA COURTS DELHI

Misc. application___/2017

In the matter of:

State Complainant

Versus

Unknown Respondents

FIR No. ED-FB-000347

U/s 379 IPC, 1860
PS FARSH BAZAR

APPLICATION UNDER SECTION 156(3) OF THE CODE OF

CRIMINAL PROCEDURE, 1973 FOR MONITORING OF
INVESTIGATION IN FIR NO. ED-FB-000347, UNDER SECTION 379
I.P.C, PS FARSH BAZAR, DELHI FOR AND ON BEHALF OF
COMPLAINANT.

MOST RESPECTFULLY SHOWETH:

1. That the above mentioned FIR was registered at Police Station

Farsh Bazar on 15.09.2017.

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 it has been more than two months since the FIR got
registered and in fact no investigation has actually been started
by the investigating officer i.e. Ved Praksh (Assistant Sub-
Inspector).
4. That the investigation must be fair and effective and must
proceed in the right direction in consonance with the
ingredients of the offence. Proper and fair investigation on the
part of IO is the back bone of rule of law. The investigation
cannot be haphazard or unmethodical.

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

issued where there has been complete failure of justice and in
the present case the IO has been found to have not performed
the role in the manner it was expected to do.

6. That the Honble Supreme Court in Sakri vasu Versus State of

U.P 2008 1 SCC Cri. 440

Held: 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 not
proper, such person can approach the Magistrate under
section 156(3) Cr.PC and if the magistrate is satisfied he can
order for proper investigation and take other suitable steps
and pass such orders as he thinks necessary for ensuring a
proper investigation. All these powers a Magistrate enjoy
U/s 156(3) Cr.PC.

7. That the petitioner has not filed any similar application in any
court of law except the present application.

8. That it is pertinent to mention here that the petitioner on 22nd

November 2017, provided vital information regarding the
accused and his associates vide DD No. 50B in which petitioner
specifically mentioned about the evidences that petitioner had
collected which convey clear intentions of the accused persons
 to cheat and extort money from the petitioner but still
investigating officer acting in negligent manner and do not
bother to peel out the truth. The information regarding accused
bearing DD No. 50B annexed herewith and marked as
Annexure-A.

PRAYER

It is, therefore, most respectfully prayed that keeping is view of

the facts and circumstances as mentioned above this Honble
Court, may please to monitor the investigation of this FIR, Call
for the Status report for the same or any other order(s) which this
Honble court may think fit and proper in the interest of justice.

Prayed Accordingly.

Complainant

Through

Sunny Arora Lapa & Amit Rathore

Advocates
--------------------------------
Office Add:
Lapa Law Associates
Chamber No. D-608,
Karkardooma Courts Delhi

Date

Delhi
 IN THE HONBLE COURT METROPOLITAN MAGISTRATE,
KARKARDOOMA COURTS DELHI
Misc. application___/2017

In the matter of:

State Complainant

Versus

Unknown Respondents

AFFIDAVIT
I, Praveen Kumar Arora S/o Late Sh. Harbans Lal Arora R/o House
No.B-10 East Krishna Nagar, Delhi-110051 aged about ____ Years, do
hereby solemnly affirm and declare as under:-

1. That the deponent is the complainant in the aforesaid case/FIR

and is fully conversant with the facts and circumstances of the
case and is competent to swear this affidavit.
2. That the accompanying application under section 156 (3) Cr.PC
has been drafted by our counsel on our instructions and advice
and the same has been read over to me vernacularly which is
correct and true to my belief and knowledge.

DEPONENT

VERIFICATION

Verified at Delhi on this __ day of _______ 2017 that the contents of my

above affidavit are true to my knowledge and belief and nothing has
been concealed therefrom.

DEPONENT
 IN THE HONBLE COURT METROPOLITAN MAGISTRATE,
KARKARDOOMA COURTS DELHI
Misc. application___/2017
In the matter of:

State Complainant

Versus

Unknown Respondents

MEMO OF PARTIES

Praveen Kumar Arora

House No.B-10
East Krishna Nagar
Delhi-110051
Ph.9818683409 Complainant

Versus

Unknown Respondents

Complainant

Through

Sunny Arora Lapa & Amit Rathore

Advocates
--------------------------------
Office Add:
Lapa Law Associates
Chamber No. D-608,
Karkardooma Courts Delhi

Date

Delhi
 IN THE HONBLE COURT METROPOLITAN MAGISTRATE,
KARKARDOOMA COURTS DELHI
Misc. application___/2017
In the matter of:

State Complainant

Versus

Unknown Respondents

INDEX

S.NO Description Page No.

1. Memo of Parties
2. Application U/s 156(3) Cr.PC for
monitoring the FIR No. ED-FB-
000347/2017 along with affidavit.
3. ANNEXURE-A, Copy of the
information letter dated 22.11.2017
4. ANNEXURE-B, Copy of the FIR No.
ED-FB-000347 dt 15.09.2017.
5. Vakalatnama

FILED BY:

Sunny Arora Lapa & Amit Rathore

Advocates
--------------------------------
Office Add:
Lapa Law Associates
Chamber No. D-608, Karkardooma Courts Delhi

Date

Delhi