Wednesday, 5 July 2017

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).

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

S. No.
Description of documents
Annexure
 Pages
1.
Index

1
2.

DECLARATION (Under Rule 25 of Chapter X)


2
3.
Chronology of Events

3 & 4
4.
Memo of Writ petition with affidavit

5 TO 16
5.
List of documents.

17
6.
Copy of the First Information Report dated 07.03.2017
P-1
18 TO 21
7.
Copy of the representation dated 09.03.2017 submitted to respondent No. 2
P-2
22 TO 24
8.
Copy of the representation dated 09.03.2017 submitted to respondent No. 3
P-3
25 TO 27
9.
Copy of the representation dated 09.03.2017 submitted to respondent No. 5
      P-4
28 TO 30
10.
Copy of the representation dated 21.04.2017 submitted to respondent No. 5
P-5
31 & 32
11.
VAKALATNAMA

33
12.
COURT FEE

34
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.
09.03.2017
Representation dated 09.03.2017 submitted to respondent No. 3
4.
09.03.2017
Representation dated 09.03.2017 submitted to respondent No. 5
5.
21.04.2017
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

                                    VERIFICATION

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.

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