IN THE HIGH
COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF 2017 (CR)
PETITIONER : MRS.
RAZIA SULTAN
Versus
RESPONDENTS : THE STATE OF MADHYA
PRADESH
& Ors.
I N D E X
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S. No.
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Description
of documents
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Annexure
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Pages
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1.
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Index
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1
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2.
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DECLARATION
(Under Rule
25 of Chapter X)
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2
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3.
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Chronology of Events
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3 & 4
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4.
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Memo of Writ petition with affidavit
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5 TO 16
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5.
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List of documents.
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17
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6.
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Copy
of the First Information Report dated 07.03.2017
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P-1
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18 TO 21
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7.
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Copy
of the representation dated 09.03.2017 submitted to respondent No. 2
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P-2
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22 TO 24
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8.
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Copy
of the representation dated 09.03.2017 submitted to respondent No. 3
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P-3
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25 TO 27
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9.
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Copy
of the representation dated 09.03.2017 submitted to respondent No. 5
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P-4
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28 TO 30
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10.
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Copy of the representation dated
21.04.2017 submitted to respondent No. 5
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P-5
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31 & 32
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11.
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VAKALATNAMA
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33
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12.
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COURT FEE
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34
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PLACE : JABALPUR
DATED : ADVOCATE FOR THE PETITIONER
IN
THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR.
WRIT PETITION NO. OF 2017 (CR)
PETITIONER : MRS.
RAZIA SULTAN
Versus
RESPONDENTS
: THE STATE OF MADHYA PRADESH
& Ors.
DECLARATION
(Under Rule 25
of Chapter X)
The copies as required by Rule 25 of Chapter X of the High Court of Madhya
Pradesh Rules, 2008, have served upon
Clerk of office of the Advocate
General for Madhya Pradesh at PM
on 2017 in Jabalpur.
PLACE : JABALPUR
DATE : ADVOCATE FOR PETITIONER
IN THE HIGH
COURT OF MADHY PRADESH PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF 2017 (CR)
PETITIONER : MRS.
RAZIA SULTAN
VERSUS
RESPONDENTS
: THE STATE OF MADHYA PRADESH
& Ors.
CHRONOLOGY OF EVENTS
|
S.No
|
Date
|
Events
|
|
1.
|
07.03.2017
|
Petitioner
had registered a First Information Report with the respondent No. 6 police
station for the commission of offences punishable under the provisions of
section 420, 467, 468, 471 of the Indian Penal Code at Crime No. 164 of 2017
on dated 07.03.2017.
|
|
2.
|
09.03.2017
|
From
pillar to post petitioner, being the widowed lady, knocked every door for the
redressal of her grievances but at the end petitioner surrenders himself
before this Hon’ble High Court to seek justice as litigation is the last
resort when governments completely disregard the rule of law.
|
|
3.
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09.03.2017
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Representation
dated 09.03.2017 submitted to respondent No. 3
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4.
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09.03.2017
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Representation
dated 09.03.2017 submitted to respondent No. 5
|
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5.
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21.04.2017
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Representation
dated 21.04.2017 submitted to respondent No. 5
|
|
6.
|
|
Petitioner preferred a
Writ Petition under Article 226 of the Constitution of India against inaction
on the part of the respondent authorities in not taking any action against
the accused persons before the Hon’ble High Court of Madhya Pradesh Principal
Seat at Jabalpur.
|
PLACE : JABALPUR
DATED : ADVOCATE FOR THE PETITIONER
Format No. 7
(Chapter X, Rule 23)
IN
THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR.
WRIT PETITION NO. OF 2017 (CR)
PETITIONER : MRS.
RAZIA SULTAN, Aged
about 57 years, D/o Late Saiyyad Mazhar Ali, Wd/o Late Saiyyad
Sadat Ali, R/o House No. 62, Opposite Lal Masjid, Noor Mahal Road,
Shahzahanabad, Bhopal, District – Bhopal (Madhya Pradesh).
Versus
RESPONDENTS
:1. THE STATE OF MADHYA PRADESH,
Through
the Principal Secretary, Home Department, Ministry, Vallabh Bhawan Bhopal - 462
002, (Madhya Pradesh).
2. Director General of
Police, Police Head Quarter, Jehangirabad, Bhopal - 462 008, (Madhya Pradesh),
Phone : 0755-244 3500 Fax : 0755-244 3501 E-mail : dgpmp@mppolice.gov.in.
3. Inspector General of
Police, Bhopal Range, District Bhopal (Madhya Pradesh). Phone : 0755 –
244 3599, BSNL : 9479990399, E-Mail : ig_bhopal@mppolice.gov.in
4. Senior Superintendent
of Police, District Bhopal (Madhya Pradesh) Phone : 0755- 255 5922, 255 5933,, E-mail : sspbhopal1@gmail.com
5. Superintendent
of Police (North), District Bhopal (Madhya Pradesh) Phone : 0755- 244 3320.
6. Town Inspector, Police
Station- Koh-E-Fiza, District Bhopal (Madhya Pradesh) Phone : 0755- 244 3260.
(Writ Petition under Article 226 of
the Constitution of India).
1. Particulars of the Cause/ Order
against which the petition is submitted:
(1) Date of Order /
Notification/ Circular / Policy/ Decision Etc. : NIL
(2)
Passed in (Case Or File Number)
: NIL
(3)
Passed by (Name and Designation
of the Court, Authority, Tribunal Etc.) : NIL
(4)
Subject
– matter in brief: By preferring this petition under Article 226 of the Constitution
of India invoking the extraordinary writ jurisdiction of this Hon’ble High
Court by calling in question the legality, validity, propriety and correctness
of the inaction on the part of the respondent authorities in not taking any
action against the accrued persons in accordance with Law. Petitioner had
registered a First Information Report with the respondent No. 6 police station
for the commission of offences punishable under the provisions of section 420,
467, 468, 471 of the Indian Penal Code at Crime No. 164 of 2017 on dated
07.03.2017. From pillar to post petitioner, being the widowed lady, knocked every
door for the redressal of her grievances but at the end petitioner surrenders
himself before this Hon’ble High Court to seek justice as litigation is the
last resort when governments completely disregard the rule of law.
2. A declaration that no proceeding
on the same subject matter has been previously instituted in any Court,
Authority or Tribunal, if instituted, the Status or result thereof, along with
copy of the Order:
Petitioner
declares that no proceeding on the same subject matter has been previously
instituted in any Court, Authority or Tribunal.
3. Details of the remedied
exhausted :
The
petitioner declares that he has availed all statutory and other remedies.
4. Delay, if any, in filing the
petition and explanation therefor
It is
most humbly and respectfully submitted that there is no delay in filing of the
instant writ petition.
5. Facts of the
Case :
1.
Petitioner is a
peace loving national of India and entitled for the all the benefit and
fundamental rights as enshrined in Part III of the Constitution of India. Respondents
are the instrumentality of state within the meaning of Article 12 of the
Constitution of India and therefore amenable to the writ jurisdiction of this
Hon’ble High Court.
2. Petitioner had registered a First
Information Report with the respondent No. 6 police station for the commission
of offences punishable under the provisions of section 420, 467, 468, 471 of
the Indian Penal Code at Crime No. 164 of 2017 on dated 07.03.2017. Copy of the
First Information Report dated 07.03.2017 is filed herewith and marked as Annexure P-1. From pillar to
post petitioner, being the widowed lady, knocked every door for the redressal
of her grievances but at the end petitioner surrenders himself before this
Hon’ble High Court to seek justice as litigation is the last resort when
governments completely disregard the rule of law. Copy of the representation
dated 09.03.2017 submitted to respondent No. 2 is filed herewith and marked as Annexure P-2. Copy of the
representation dated 09.03.2017 submitted to respondent No. 3 is filed herewith
and marked as Annexure P-3.
Copy of the representation dated 09.03.2017 submitted to respondent No. 5 is filed
herewith and marked as Annexure P-4.
Copy of the representation dated 21.04.2017 submitted to respondent No. 5 is
filed herewith and marked as Annexure
P-5. Hence this petition on following
grounds amongst the others
6. Grounds urged :
A.
For that it is the duty of
the respondent police authorities to investigate the case on the basis of
complaint lodged by the petitioner and to take steps to arrest the accused
persons but in the instant case, the respondent police authorities did not take
any steps either to arrest the accused or investigate the case, as such, they
failed, and/ or neglected to discharge their statutory duties.
B.
For that it is the duty and
responsibility of the respondent police to investigate the case in proper
perspective and arrest the accused persons but in the instant case, the
respondent police authorities did not take any steps to investigate the case
and to arrest the named accused persons in the written complaint.
C.
For that it is statutory
duties of the respondent police authorities after receiving the written
complaint to investigate the matter and take necessary action in accordance
with Law and proceed with the case, but in the instant case, inspite of
lodgment of the case the concerned police authorities did not bother to investigate
the case and to arrest the accused persons.
D.
For that although
considerable period being elapsed from the date of registration of the case,
the concerned police authorities did not take any steps to arrest the accused
persons named in the written complaint and to investigate the case at all in
proper perspective, as such, respondent No. 6 failed and/ or neglected to
discharge his duties in accordance with statutory provisions.
E.
For that offence committed
by accused persons are serious one and as such considering gravity of offence
the respondent police authorities are duty bound to take immediate action to
brought home the accused persons and to provide the petitioner safety and
security to the petitioner, being widowed lady, but the respondent authorities
failed and/ or neglected to discharge their statutory duties by not taking any
steps to investigate the case and prompt action although considerable period
from date of occurrence already elapsed.
F.
For that as per statutory
provisions, the respondent police authorities are duty bound to make investigation
and to take statements of the witnesses under the provisions of Section 161 of
the Code of Criminal Procedure, 1973 (No. 2 of 1974) and to arrest the accused
persons but in the instant case, the concerned respondent police authorities
did not bother to investigate the case and to arrest the accused person as
named in the First Information Report and did nothing to redress the grievance
of the petitioner.
G.
For that accused persons
are influential persons of the locality and attached to political party as such
the respondent No. 6 did not take any steps to arrest them although they remain
present in the locality.
H.
For that taking advantage
of inaction and/ or negligence on the part of concerned police authorities, the
accused persons and their associate often threatened the petitioner with dire consequences
in order to withdraw the case and giving threat that they will through acid and
making false allegation before the Women commission and Human Right Commission.
Against such illegal acts and activates, the petitioner on several occasions
went to the respondent No. 5 & 6 to investigate the case and arrest the
accused persons and to provide safety security to the petitioner, her son and 2
daughters but the respondent refused to lodge any further complaint against the
accused persons.
I.
For that right to life is a
fundamental right as guaranteed under Article 21 of the Constitution of India
and the respondent police authorities are duty bound to provide protection of
its every citizen and to ensure safety of life and property but in the instant
case, they miserably failure to discharge their statuary duties by not
protecting the fundamental rights of the petitioner as guaranteed under Article
21 of the Constitution of India.
J.
For that the respondent
police authorities without any rhymes and reasons did not proceed further with
the investigations of the case, as such, failed to discharge their statutory
duties.
K.
For that unless directed by
this Hon’ble High Court, the respondent police authorities will not take
immediate steps to arrest the accused persons and complete investigation of the
case, as such a direction upon the respondent police to forthwith investigate
and arrest the accused persons and to provide safety and security to the
petitioner and her family members for the interest and ends of Justice.
7. Relief Prayed for :
(a) That the Hon’ble High court shall be pleased to call for the
entire original record of lis for its
kind perusal.
(b) That the Hon’ble High Court shall be pleased to issue suitable suitable
writ or direction to the respondent authorities to forthwith investigate the commission of offences punishable
under the provisions of section 420, 467, 468, 471 of the Indian Penal Code at
Crime No. 164 of 2017 on dated 07.03.2017 lodged with the respondent No. 6
police station and arrest the accused persons named
in the First Information report.
(c) That the Hon’ble High Court shall be pleased to issue suitable
writ or direction to the respondent authorities to provide adequate safety and
security to the petitioner and her family members.
(d) Cost of this petition be also awarded in favour of the
petitioner.
Any other relief deemed fit and proper
looking to the facts and circumstances of the case may also be granted.
8. Interim Order / Writ, if prayed
for :
In view of the facts and circumstance of the case during pendency
of instant writ petition the respondent No. 5 may kindly be directed to remain
present with case diary at time of hearing, in the larger interest of justice.
9.
Documents relied on but not in possession of the petitioner :
All the
relevant material and original records in relation to subject matter in dispute
is lying with respondent authorities which my kindly be requisitioned by the
Hon’ble High Court for its kind perusal.
10.
Caveat
:
That, no notice of
lodging a caveat by the opposite party is received.
PLACE : JABALPUR
DATED: ADVOCATE FOR THE PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF 2017 (CR)
PETITIONER : MRS.
RAZIA SULTAN
Versus
RESPONDENTS : THE STATE OF MADHYA
PRADESH
& Ors.
AFFIDAVIT
I,
MRS. RAZIA SULTAN, Aged about 57 years, Wd/o Late Saiyyad Sadat Hussain, D/o
Late Saiyyad Mazhar Ali, R/o House No. 62, Opposite Lal Masjid, Noor Mahal
Road, Shahzahanabad, Bhopal, District – Bhopal (Madhya Pradesh), do hereby
state on oath as under :
1.
That I am the Petitioner in the
above mentioned writ petition and am fully conversant with the facts deposed to
in the Writ Petition.
2.
That the contents of paragraphs 1 to 10 of the accompanying writ petition
are true to my personal knowledge and the contents of paragraphs are based on
legal advice, which I believe to be true. No material has been concealed and no
part is false.
3.
That the Annexure No(s). P-1 to P-5 to the accompanying writ petition are
true copies of the originals and I have compared the said Annexures with their
respective originals and certify them to be true copies thereof.
PLACE
: JABALPUR
DATED
: DEPONENT
I, MRS. RAZIA SULTAN, the above named
deponent do hereby verify on oath that the contents of the affidavit above are
true to my personal knowledge and nothing material has been concealed or
falsely stated. Verified at ______this______day of _______
DEPONENT
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF 2017 (CR)
PETITIONER : MRS.
RAZIA SULTAN
Versus
RESPONDENTS : THE STATE OF MADHYA
PRADESH
& Ors.
LIST OF DOCUMENTS
|
S.No
|
Description of document
|
Date of document
|
Original copy
|
Number of page
|
|
1.
|
First
Information Report
|
07.03.2017
|
Xerox
|
04 (Four)
|
|
2.
|
Representation submitted to respondent No. 2
|
09.03.2017
|
Xerox
|
03(Three)
|
|
3.
|
Representation
submitted to respondent No. 3
|
09.03.2017
|
Xerox
|
03(Three)
|
|
4.
|
Representation
submitted to respondent No. 5
|
09.03.2017
|
Xerox
|
03(Three)
|
|
5.
|
Representation submitted to respondent
No. 5
|
21.04.2017
|
Xerox
|
02 (Two)
|
PLACE : JABALPUR:
DATED : ADVOCATE FOR THE PETITIONER
APPENDIX 1-A
FORMAT OF V A K A L A T N A M A
[Rules
4 (1) of the Rules framed under the Advocates Act, 1961]
WRIT PETITION NO. OF 2017 (CR)
PETITIONER : MRS.
RAZIA SULTAN
Versus
RESPONDENTS
: THE STATE OF MADHYA PRADESH
& Ors.
I, the petitioner named below do hereby appoint, engage and
authorize advocate (s) named below to
appear, act and plead in aforesaid case / proceeding, which shall include
applications for restoration, setting aside for ex - parte orders, corrections,
modifications, review and recall of orders assed in these proceedings, in this
Court or in any other Court in which the same may be tried / heard / proceeded
with and also in the appellate, revisional or executing Court in respect of the
proceedings arising from this case / proceedings as per agreed terms and
conditions and authorize them to sign and file
pleadings , appeals, cross objections, petitions, applications,
affidavits, or the other documents as may be deemed necessary and proper for
the prosecution / defence of the said
case in all its stages and also agrees to ratify and confirm acts done by them
as if done by me.
In
witness whereof I do hereby set my hands to these presents, the contents of
which have been duly understood by me, this – day of ----------------- 2017 at
Jabalpur.
Particulars (in block letters) of each Party Executing Vakalatnama
|
Name and father s / Husband s Name
|
Registered Address
|
E-Mail Address (if any)
|
Telephone Number (if any)
|
Status in the case
|
Full Signature/ **Thumb Impression
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
MRS. RAZIA SULTAN, Aged about
57 years, Wd/o Late Saiyyad Sadat Hussain, D/o Late Saiyyad Mazhar Ali,
|
R/o House No. 62,
Opposite Lal Masjid, Noor Mahal Road, Shahzahanabad, Bhopal District – Bhopal
(Madhya Pradesh)
|
|
|
PETITIONER
|
|
Accepted
Particulars (in block letters) of each Advocate Accepting
Vakalatnama
|
|
Full Name &
Enrollment No. in State Bar Council
|
Address for Service
|
E-mail Address (if any)
|
Telephone Number (if
any)
|
Full Signature
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
1.
|
VIJAY RAGHAV SINGH
EN. No. M. P. /
ADV / 1554 / 2003
|
SEAT NO. 93, GOLDEN
JUBILEE BUILDING, CHAMBER NO. 317, VIDHI BHAWAN, HIGH COURT PREMISES,
JABALPUR 482 001
|
|
IDEA 98261-43925
|
|
|
2.
|
MRS. POONAM SINGH
EN. No. M. P. /
ADV / 3159 / 2004
|
-DO-
|
|
|
|
|
3.
|
AMIT KUMAR KHARE,
EN. No. M. P. /
ADV / 1291/ 2006
|
HOUSE NO. 1483 / 17,
SARASWATI COLONY, BEHIND PARIJAT BUILDING, CHERITAL, JABALPUR 482 001
|
NIL
|
BSNL 94258 66726
LAND LINE 0761 - 2345 005
|
|
|
4.
|
VIJAY KUMAR
SHRIVASTAVA, EN. No. M. P. / ADV /
949/ 2006
|
SEAT NO. 81, HALL NO.
1, FIRST FLOOR, VIDHI BHAWAN, HIGH COURT PREMISES, JABALPUR 482 001
|
NIL
|
IDEA : 97539 13103
AIRTEL 97554 82448
|
|
*Score out which is not applicable
** The thumb impression shall be attested by a literate person
giving above particulars.
