IN THE HIGH COURT AT DELHI

CRIMINAL WRIT PETITION NO. /2016

ORIGINAL JURISDICTION

UNDER Article 226 of the Constitution of India

And

U/S 32 of constitution of India.

IN THE MATTER of non Registration of FIR on complaint

DD 44B/2015 submitted by the plaintiff to Delhi Police as well as to the office of Chief Electoral Officer , Delhi.(Annexe A is a copy of complaint filed ).

BETWEEN PS : Adarsh Nagar

RAVI BHATEJA } ....PETITIONER

VERSUS

Commissioner of Delhi Police}..... .Respondent no. 1

CEO(Election) Delhi } .Respondent no. 2

Vishnu Kr. Bhartia }. ...Respondent no. 3

Vineeta Bhartia } .Respondent no. 4

Rajesh Kumar Misra }.....Respondent no. 5

INDEX OF PAPERS

S.No PARTICULARS C.F PAGE NO1a

1b SYNOPSIS OPENING SHEET2Memo of Parties 3 Application for condonation of the delay

4AFFIDAVIT5Police verification form reciept:05/01/2010 submitted to PS ADARSH NAGAR 6Search Results of National Voter Portal

for S.No : RJ/04/027/0362617

Complaint to PS Adarsh Nagar

DD No. ..........Dated ...............8a

8bComplaint to Delhi Police Dated

Commissioner DD no.Acknowledgment received for 8a9a

9bComplaint made to CEO Delhi dated REPLY RECIEVED FOR 9a dated 10aREJOINDER TO 8a 10bREJOINDER TO 8b12 Replication to 10 b13RTI Application DATED: 14 Reply Received to RTI dated 15a

15bRTI 1 st APPEAL

RTI 2nd APPEAL16Notice to DELHI POLICE COMMISSIONER 17aCopy of Notification no.Copy of office order no.18ECI manual19Voter elector id card details of respondent no.2 original .

IN THE HIGH COURT AT DELHI

CRIMINAL WRIT PETITION NO. /2016

ORIGINAL JURISDICTION

UNDER Article 226 of the Constitution of India

And

U/S 32 of constitution of India.

PS : Adarsh Nagar

IN THE MATTER OF :

RAVI BHATEJA } PLAINTIFF

VERSUS

Commissioner of Delhi Police } ..Respondent NO.1

CEO(Election) Delhi }..Respondent NO.2

VISHNU Kr. BHARTIA } ..Respondent NO 3

VINEETA BHARTIA }.. Respondent No.4

RAJESH Kr. MISHRA }.. Respondent N0. 5

MEMO OF PARTIES

RAVI BHATEJA

S/O BALDEV RAJ

R/O 28/45 PUNJABI BAGH

NEW DELHI-110026}.......................PLAINTIFF

VERSUS

1.Respected Commissioner of Delhi Police

Police Headquarters ,5th Floor

MSO building IP Estate, Delhi.}......Respondent no 1

2.Chief Elector Officer Delhi

Old St.Stephens college Building

Kashmiri Gate,Delhi -6 ..........Respondent no 2

3. Vishnu kumar bhartiya

C-31/2,GROUP INDUSTRIAL AREA

WAZIRPUR,DELHI-52. ...........Respondent no 3

4. Vineeta bhartiya

W/O Respondent No 1. ....Respondent no 4

5. Rajesh kumar mishra

R/O.26,F.F,VIDALAYA ROAD

KEWAL PARK AZADPUR DELHI-33 .......Respondent no 5

APPLICANT

DATED: RAVI BHATEJA

DELHI: 28/45PUNJABI BAGH

NEW DELHI-110026.

THROUGH : PARTY IN PERSON

IN THE HIGH COURT AT DELHI

UNDER Article 226 of constitution of india

(CRIMINAL WRIT PETITION NO. OF 2016)

PS: Adarsh Nagar

IN THE MATTER OF :

RAVI BHATEJA } PLAINTIFF

VERSUS

1. Commissioner of Delhi Police } Respondent NO.1

2. CEO(Election) Delhi } Respondent NO.2

3. VISHNU Kr. BHARTIA }...Respondent NO 3

4 VINEETA BHARTIA } .Respondent No.4. 5RAJESH Kr. MISHRA }.... Respondent N0. 5

Application under article 226 of constitution of india :

Plaintiff respectfully petitions for suitable directions in the nature of a writ of mandamus or likewise to the various concerned offices of THE GOVT. OF INDIA in relation to the facts and circumstances of this present case/petition :-

To the officer in charge of theAdarsh Nagar police station to hold thorough investigation of DD.44B/2015 with respect to the commission of cognizable offences and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same with reference to the nature and circumstances of the plaint.

For issuing directions to the Election Commission to conduct careful scrutiny of the Electoral Rolls and take appropriate actions against individuals found possessing multiple voter election cards / forged cards.

In the nature of a mandamus to the Delhi Police to conduct careful scrutiny of Tenants along with their their identity proofs residing in the areas of their respective jurisdiction to minimize the activities of unlawful elements at an earlier stage.

4. For issuing appropriate directions to Delhi Police for the strict enforcement of the provisions of Notification No. U-11036/(I)/ UTL , dated- 09/09/2010 by Ministry of Home Affairs, Govt. of India, New Delhi by virtue of Section 144 of the Criminal Procedure Code, 1973(No. 2 of 1974), so that the free run of private courier agencies be restricted in accordance with the law so that they can't be used as a tool for facilitating transport of objectionable / incriminatory articles .

5For issuing appropriate directions to Delhi Police for the strict enforcement of the provisions of STANDING ORDER NO. 411 OF 2012 & also 98 Dated 01/06/1989 issued by the respectable COMMISSIONER OF DELHI POLICE under Police Act which is otherwise known as an ACT FOR THE PREVENTION OF OBSCENE LITERATURE AND HARAMFUL PUBLICATIONS as defined under Sections 292 and 293 IPC .

6. Directions to Delhi Police to check if the aforesaid information mentioned & registered as DD.44B/2015 Dated 10/11/2015 & Reference no 20995 dated 09/11/2015 , attracts any lawful action to be taken in respect of the notifications mentioned above in point 4 & 5 and do the needfull .

7To Delhi Police to fulfill it's commitment as per it's own decleration with reference to monetary rewards for authentic information if given about cognizable offenses for the prevention of crimes & catching offenders.

8 . To the CEO Delhi and CEO Rajasthan to do appropriate action in accordance with the law against respondent no 1 & 2 for misrepresentation and forgery if found any.

9.To quash the proceedings of cc: 45/1/2014 & 12/1/2014 ,presently under process at rohini court,Delhi so as to prevent the abuse of the process of the court .

10.Take appropriate action for identification & initiation of disciplinery proceedings against reluctant & neglegient officials and ensure that such mistakes won't get repeated in future.

11. Any other order that the HONORABLE LORDSHIP sir may please consider to be fit and appropriate fulfilling the provisions of justice according to the facts and circumstances mentioned and relevant in this case .

GROUNDS FOR RELIEF :-

The plaintiff is constrained to file the present writ petition on the account of being aggrieved that despite having given a very specific and precise complaint of cognizable offence complete with documentary evidences (forged voter elector id card) to the police proof of which is present in the police records from 2010 ,no action is being taken by the respondent no.1&2 against respondent no 3&4. It is submitted that respondent no 2&3 are ex-tenants of the petitioner's father and they harassed and cheated him through forged evidences and documents. Also the respondents attempted to defraud the plaintiff's father by deliberately forging and fabricating incriminating evidences by themselves which they meant to be used in a judicial proceeding to prove themselves as true. In their endevour to cause harassment,the respondents preferred many complaints against the petitioner and his family . As such whenever the said false complaint was made against the petitioner by the respondent no.2 or 3,police authorities acted just like a lightening bolt and behaved and responded arbitrarily or in violation of rules of natural Justice/Service Rules or prescribed protocol , as constables posted in Adarsh Nagar physically approached the house of plaintiff in Punjabi Bagh((outside jurisdiction) and that too accompanied with one of the acquaintances who work as a partner in the gang of respondents no 3,4&5.That indivdual belongs to gali no 13,majlis park , adarsh nagar where respondents no 3 & 4 lived before shifting to the plaintiff's father's home .The petitioner very respectfully submits that as such negligence of our respected authorities has not just alone injured him personally , but since the subject matter pertains to the elements of forgery, fraud & cheating through election voter id card(govt. Provided identity document) , therefore it also has the potential of injuring our national integrity & security particularly in the present times when the whole world is reeling under the threat of terrorism. The plaintiff is continuing to suffer from such acts leading to a clear violation of his fundamental right specifically right of liberty and right to earn a respectable living. Also the actions of respondents poses a serious challenge to the administration of justice as some indivduals are abusing the legal provisions of our laws.Ironically, the people entrusted with the responsibilty of enforcement and supervision of laws failed in detecting forgery of such documents which are available within the police records for the last 5 years. Even upon being informed by the petitionery by the virtue of his own efforts about the offences and their offenders, respected officials are pretending in such a way as if either the subject matter is false or that the same doesn't pertain to their office.That's why the petitioner has been constrained to seek the intervention of this honorable court .As such the sole delinquency/negligence , empathy of our respected authorities is driving to a situation where the applicant fears or his life and property.Offenders/adversaries of applicant without any fear of law are becoming so daring that they are now retorting to haressing & abusing the provisions of law in broad day light within the full knowledge of our police to incriminate the plaintiff .When the humanity was bifercated into gender ,GOD never intended to creat such priorities. Laws are originally meant for safeguarding the interest of an innocent . But in present times particularly by the virtue of the amandment of criminal law act, gender is being used as a weapon of choice by some mischevious overclever indivduals for the reasons of either achieving unjust enrichment or for fulfilling personal grudges .Further the authorities who have a legal obligation towards preventon of such illegal acts are watching helplessly.Since the offenders have realised that police is not checking them or in fact is sympathetic to them by the excuses/pretences of civil elements involved , then they start doing such things shamelessly,frequently and that too in the front of the police with impunity.As such the applicant is himself a victim to such a practice and since 2013 has been giving numerous representations from time to time to PS Adarsh Nagar, but his such serious efforts have failed to incite any suitable response from our relevant authorities.It is very respectfully and humbly submitted that the plaintiff had endured all this because he realizes this fact that the cofficient of ego of our govt. Officials >1 and as such the applicant's any reasoning with them would certainly be going to leave a bitter taste in their mouth .Therefore till the time when such attacks were directed towards him alone on paper , he kept quiet.But now since the incriminating documents are being sent in the name of his father therefore the applicant can no longer ignore/bear them, as it has now become amatter involving family honor & pride ,hence this petition .Moroever it is submitted that this subject matter involving this particular petition prejudices not just only an indivdual (applicant), but deception of such nature can be used at whims and fancies, to unleash political unrest or legal terror or anything like that against anyone with whom any differences of opinion exists. Therefore application or execution of such a trick without any reasonable cause will definately lead to a clear violation of the provisions of charter 3 of INDIAN CONSTITUTION which otherwise are known as The FUNDAMENTAL RIGHTS. Therefore this petition prays for kind consideration and appropriate adjucation by our HONORABLE LORDSHIP here .

Most respectfully showeth the plaintiff begs to submit as:

That the complainant is a resident of 28/45 , PunjabiBagh (west), Delhi - 110026 with his family .

The complainants father and mother are retired government servants and they have earned high esteem and respect in the society.

That the complainants father owns a house at 24, Vidalaya Road , Kewal Park, Azadpur , Delhi-33. Both of them were running a small shop of stationery goods in the name of indu book mart and stationers on the ground floor and rest of the premises were given on rent .

The accused no 1 and 2 are members of a gang of thugs and cheats which they have formed amongselves and along with some of their acquaintances .Mo rover it is also submitted that the accused no 1 and 2 are husband and wife as far as the social status is concerned but there is a lot more than what that meets the eye. Their matrimonial relationship is just only a viel/shroud by the virtue of which they get entry into the society and thereafter the accused no 1 and 2 identify some varnueable people and accused no 2 takes advantage of her gender to falsely implicate anyone whom the accused no 1 2 and 3 find conservative and shy and that who can be blackmailed by threats and acts of humiliation/ridicule by lowering their dignity through public shame.

It is submitted that accused no 3 is a practicing lawyer and for the last 2-3 years living as a tenant in the very next building on the first floor of the house owned by complainants father. The present address of accused no 3 is 26,first floor,Vidalaya Road ,Kewal Park, Azadpur ,Delhi-33 .The accused no 3 is also an acquaintance, aide ,abettor and facilitator of offenses committed by the accused no 1 and 2 .

It is submitted that the accused no 1 and 2 had cheated complainants father by taking his house on rent through forged government identity documents(election voter id card) and cheated him with an intention to defraud him of either his property and/or to get any pecuniary gains in whatever unfair and unjust manner. Thereafter when the tenure of tenancy neared expiry, the accused no 1 , 2 and 3 in furtherance of their common intentions conspired among themselves,leveled and alleged false accusations on the complainant by fabricating obscene communication which they meant to be used in judicial proceedings to bring legal injury upon complainant and his family .

Earlier the accused no 1 and 2 used to visit the shop of the complainant when he started the business of stationery and books for small children .The accused no 2 is a house wife and she used to roam on thestreet . Around 2010 accused no 2 started frequenting the street and shop more often and she used her cleverness to impress upon the complainant's aged father and mother.Unaware of their real conspiracy the complainant never suspected their intentions and thus failed to understand that in fact she was doing a recce e. This was their modulus operandi to identify and target unsuspecting citizens.

One day when the complainant and his father were at shop,the accused no.1 approached the complainants father requesting him for inducting him as tenant on first floor of his house .He produced several identity documents to convince complainants father and gave the impression that he is just like a normal couple family .He also told the landlord about the details of the firm with which he was employed in . The complainant father inducted him as a tenant via registered rent agreement /certificate No.IN-DL025077290513891 dated 16/02/2010 & IN- DL04422730180392J dated 4/01/2011 in the office of Sub- registrar, Pitampura ,Delhi for a period of 11 months and 24 months respectively .The copies of registered rent agreement are annexed herewith as PW Ex. No.II and PE Ex III .For this purpose the accused no 1 produced and showed his election voter card as an original document for convincing landlord .After that the accused no.1 himself provided photocopy of that voter id card to be submitted along with the police verification form which the landlord did . Even the police verification form was filled in the handwriting of accused no 1 .The receipt of the submitted police verification form bearing the seal of PS Adarsh Nagar is Exibit no P Ex.IV . Later the complainant has come to know that aforesaid voter Election id is actually a genuine/working document allotted to a lady but has been forged mischievously forged using some computer/digital software.

It is submitted that accused no 3 had taken up the residence in the same manner in the neighborhood nearly at the same time when the accused no 1 and 2 joined the locality.Mo rover the conduct of accused no 3 leaves no doubt that the accused no 1 , 2 & 3 are accomplices and they know about each other for quiet a long time .

Near the expiry of duration of lease the accused no 1 and 2 not just only refused to vacate even after being served with a legal notice one month in advance but also started harassing the landlord and his family. This conspiracy was put into action as as the accused no.1 approached the complainants father for inducting him as a tenant on basis of forged documents but the most disgusting events started occurring as soon as the tenancy period approached expiry and subsequently a formal legal notice to vacate was served on to the accused no 1 on date 24/12/2012 Pex.No.V .The accused no 2 by the virtue of her gender she promoted enmity among the two other resident tenant families by mixing with them at the back of plaintiff and systematically turned them against landlord & his other family members .Thereafter the other tenant families stopped paying rent and bills(electricity and water)and started quarreling with him , therefore legal proceedings had to be initiated by the complainants father against them thereby suffering severe financial loss & stress and strain. The complainant and his family was made to bear all this without any fault . Accused no 3 also worked in tend-um with accused no 1 and 2 and in spite of being a neighbor and and an officer of court misrepresented facts and promoted falsehood and worked as a aide and a facilitator/abettor of the crimes committed by accused no 1 and 2 . The profession of accused no 3 is just only a shroud behind which an bad and defunct member of society resides whose conduct is unbecoming of his profession. In-spite of knowing in real-time that the complainant and his family members are peaceful citizens all the accused made the statements both in vernacular and written,in police, public and court in-spite of knowing that they are false ,derogatory and injurious to virtually anyone against whom the same would be if alleged. Also in the complaint the date mentioned is which is two months prior to the date at which it is submitted of DD No. of PS Adarsh Nagar . So a well conspired plan was executed by accused persons.

Since that day the applicant was forced to stop from coming to his own shop and was further prevented from attending to his normal course of business to make him suffer financial loss and moral injury. After filing civil suit for eviction and second suit for restraining the nefarious acts of accused no.1 the complainants father opened up shop for the fear of being dispossessed from the property/third party .

Since the absence of personal visit of landlords son prevented them from hurling any direct allegation , the gang of accused themselves fabricated some offensive anonymous communication and spread that to the locality thereby bringing their dishonest intentions into reality.The underlying motive and intention was just only to implicate the plaintiff(only child)so as to make him a leverage tool upon which they would blackmail the landlord and his family either to grab the property of complainant father or to extort money or any valuable favor thereby making themselves rich and cause unjust loss to the complainant and his family.Pex. is a photocopy of one such application made by the accused no 1 to the SHO police station Adarsh Nagar , Delhi dated /03/2014 .A reading of the plaint in the light of relevant documents(police verification form) submitted by the accused no 1 shows clearly that the information given by him was false , misconceived and misappropriated .Further more false and vexatious contentions were submitted by the accused no 1 in that complaint to lawful authorities .In the complaint the accused states that he is a resident of this particular lane and locality from the past 10 years but in police verification form dated himself had written that his previous address was C-600, Majlis Park , GaliNo.13 Delhi. Also in the civil suit the accused on one hand side is alleging that the landlord and his son is a gunda element but on the other hand is also submitting that he wishes to continue with the same landlord in his house . Its quiet hilarious that a couple wants to stick to continue living with an adversary whereas they can take some other premises on rent somewhere else after all they are paying rent and no body can remain amused and contented by paying money to continue to stick with a person whom he considers as an adversary .This blow hot and blow cold statements are also an evidence of deliberate misrepresentation of facts with dishonest intent.

It is submitted that accused no 2 in tandem with accused no 1 and facilitated by accused no 3 started mischief by damaging the property ,intimidation & restraining the Complainants father (landlord) and also launched vicious attacks both in vernacular and physical against him .Whenever the police was called the accused says that it is the complainants father who started first .Exhibit Pex.No. Is ......... legal notice to stop doing mischief & notice to vacate .The landlords complaints against these acts are exhibit no ...................

The conduct of the accused persons I.e. cooking up false and malicious stories, disseminating false and fabricated information aided by the fabrication of forged govt identity documents , conduct of harassment and intimidation , conduct of disrespect shown to the court of law and conduct by the way of blackmailing to extort & garner some kind of unjust material gain and contesting the claim of landlord through lame and flimsy excuses shows that all the accused have taken law for a ride without any respect for even the judiciary .It is also very humbly submitted that the acts of the accused persons show that they are seasoned criminals.

It is also imperative to mention that during civil litigation which was filed by the plaintiff father in the court of ADJ(NW-3), Sh. Satish Kumar Rohini Courts ,all false pleas and frivolous contentions of the accused were dismissed by the lordship and the suit of complainant father was decreed in his favor on 28/04/2014.On that very date of judgment the accused deliberately remained absent .In next appearance upon the insistence of his lordship on date 23/05/2014 , the accused made a submission to vacate the demised premises not later than 26/08/2014 and the submission is Pex no

The reason of attempt to implicate the complainant can also be adjudged from the very fact that after aforesaid submission to the honorable court the accused no 1 and 2 started hectic and desperate and frustrated attempts to bring about a police action on the complainant. At the instance of accused no 1 and 2 , the complainant was summoned to the police station on 7th 8th 9th 10th 11th of July 2014.There the accused no 1 and 2 used to say the following lines hum khali to kar denge magar chitthiyon ka kya hoga.Accused no 2 even threatened police staff also of extreme action if they don't accede to their demands because she is a lady . All this happened at the instance of accused no 3 because he being a lawyer and aware of new provisions of criminal law amendment act 2014, wherein a conviction can be held on the account of the oral testimony of a lady complaining of certain acts .The exploitation of the opportunity created because of unfortunate NIRBHAYA incident also pin points to complicity of accused no.3. Also on day 10/07/2014, the accused no 2 threatened to slap the complainant mother(Sr.CTZN) even in front of SHO of PS adarsh nagar . Having being failed in their extortion bid and sensing the approaching deadline to vacate the house which they holding, accused no 1 and 2 tempered and destroyed the seals of NDPL electricity meter and it's box installed within the gated premises Exbit no .It is imperative to mention that on 10/07/14 the accused no 2 gave a oral complaint which was reduced into writing by ASI Sh. Raju Yadav ji. In that complaint accused no 2 made false & malicious allegations that she was adapt at throwing at the complainants family but/also a new allegation of tempering of electricity meters by landlord who was not residing there. After 2-3 days the complainant father noticed change in the shape of his shop's electricity meter and it's box .As soon as the landlord realized this he informed NDPL PEx. .The accused are guilty of criminal breach of trust .It is noteworthy to mention that at the time of this incident no other person was residing in that house except 1 and 2 as the last remaining tenant family vacated on

This very conduct of accused no 2 leaves no doubt that it is the accused no 1 and 2 who destroyed property and made circumstantial evidences deliberately so as to cause legal injury and loss to the landlord who was otherwise neither interested in extending their tenancy nor submitting to their unlawful demands and threats . It is also submitted that at that time of this incident apart from accused no 1 & 2 no third person was residing in the demised premises.

The intention for extortion can also be inferred from the fact that the accused didnt vacate as he submitted to the court and instead claimed that he is keen on compromise Pex.No........Therefore the accused persons knew what that they are up-to and clearly intend to take benefit of their dishonesty.

At the time of payments of dues also he said that he wants compromise Therefore he is admitting to being a perpetrator to gain(compromise) by committing certain acts by himself thereafter intending to implicate complainant so that some settlement through barter system can be arrived at .Dishonesty negates all lawful acts and the dishonesty and evil intentions are evident from the very fact that the accused no 1 gave fabricated identity documents to take possession of property from complainants father & later on tried to implicate his son by himself fabricating some incriminatory evidence to harass him and/or virtually anyone & everyone who came in their way lawfully.

It is also submitted that the complainant through his counsel has come to know that accused no 1 and 2 had also filed against him a criminal complaint case no. 45/1/14 in the court of.hon'ble Sh. kapil kumar MM north west Rohini court Delhi where accused no 3 is their lawyer against him first u/s 156 3 and later changed that to u/s 200 CrPc and submitting that he interested in prosecuting ravi (complainant here) for non cognizable offenses(compoundable Mo rover the accused has failed to present even an iota of per-summoning evidence against him in that criminal complaint .

Also the complainant have reasons to believe that these accused have also made a criminal complaints against SHO PS Adarsh Nagar just to invoke fear in his heart that if he doesnt cause any injury through his legal powers against the complainant might be he has to loose his government job also.

This shows that the accused no 2 with the aide and encouragement of accused no 1 and accused no 3 has the audacity to paint a sorry and grieving image of self on the canvas of imagination aided by the environment of sympathy towards female gender owing to the frequent media trials of crimes against women and all three accused joined hands just only to defraud and harass the authorities and complainant for some unjust gain. They had deliberately tried to show the complainant and his family in poor light by perpetrating and planting false evidences which they intend to be used in judicial proceedings and such acts are being continued till this date. Through their conduct they have seriously undermined lue and importance of not only executive & judiciary but also womanhood as a whole. Moreover it is pertinent to mention that even NIA during the investigation of bomb blasts and terror activities has admitted and proved that desperate terrorists retort to keeping forged identities to escape from the scrutiny of law enforcement agencies. Terrorists have no gender. Therefore also it is a matter which concerns and cause prejudice not just an individual(applicant) but it is also concerned with national security .

The cause of action arose as on dated 02/03/2015, the accused no 1 has again mischievously filled a false police complaint against the complainant .Since the complaint was false, the police took the statement from the complainant and no action was taken against him .

The cause of action also arises in October 2015 as the complainant comes to know about another offending and incriminatory communication made to the police in the name of his father( Baldev Raj ) al leging falsehood for which his parents were summoned by vigilance department at Ashok Vihar ,Delhi on date 05/10/2015 . It is pertinent to mention that in this specific communication a reference was also made about HC Adarsh nagar Sh.balkrishan malik because once when accused no 2 on dated13/07/2014 restrained complainants father and locked him inside his shop and locked the way to the toilet which was is in exclusive possession then made a call at no 100 pur suant to this call it was the HC Balkrishan malik ji who rescued that senior citizen and admonished accused no.2 .Since that incident the accused no 1 and 2 started fostering jealousy towards HC Sh. Balkrishan Malik and so as to cause injury to him are themselves writing and posting objectionable communications /rumors about him to cause affray.

That the accused no 1 , 2 & 3 are continuing to harass the applicant and his family either in one way or the another by provocation through anonymous communication and thereby causing affray . Ever since the accused no 1 and 2 had vacated they havent given up on their efforts of causing hindrances and disturbances in the peaceful enjoyment of the property by the complainant and in conducting his business, so as to compel his family to sell off their property and get settled elsewhere . The accused no 3 and his wife always try to provoke the complainant by making some nuisance or other so that they can augment the weight of their previous false allegations and this behavior is totally unbecoming of his profession as an officer of the court .

It is most respectfully submitted that it is a settled proposition of law that if anyone uses any forged document which he knows is forged for executing a transaction then it will be punished in the same manner as if hehas made it .Therefore it is humbly submitted that a person who has the audacity to prepare forged government documents having security features like holograms ,then he can also make false private evidences very easily to defraud and cheat innocent unsuspecting citizens and accused no 3 who in spite of being aware of the real situation is portraying something else on reel and that is unbecoming the officer of the court .

Mo rover all these offenses were perpetrated by accused no 1 and 2 at the instance of accused no 3 because only a legal mind is in the know of all these procedures whereby something incriminatory and tangible is deliberately fabricated and tendered to police and the blame of which can be smeared on the face of the opposite party to take an edge. The activities of accused 1 ,2 and 3 are interconnected so it can be easily derived that they have been knowing each other even before taking up residences in this particular lane of complainant house .Also it cannot be denied that the act of posing themselves as a normal family in society is just only a shroud under which accused persons commit offenses against both the citizens & the state. It is submitted that such incidents happened only when the accused no 1 ,2 and 3 took up residence in his lane. Nothing of such thing ever happened earlier here though the complainant father is owing this property right from 1978 and virtually each and every third person can vouch for his truthfulness and peaceful nature.

On inquiry the complainant comes to know that the voter id card which was shown in original to the complainant & his father and whose photocopy given by accused no 1 for police verification at time of taking tenancy duly submitted to PS Adarsh Nagar on date 26/03/2010 is a forged/false document .The registration number of the above mentioned voter id card is actually issued in the name of a women namely ANITA DEVI from the state of district Navalgarh Rajasthan of which the accused no 1 and 2 are natives/aborigines. This corroborated by Pex.......(ECI database internet).The correct registered voter id card of accused no 1 is also in different name/identity. Ex.No. Voter list Delhi assembly elections 2015 Page no... .

Also accused no 2 managed to get signatures of complainant father on a application for voter id and there she has misrepresented her name as saroj whereas in police verification form which was filled by accused 1 in his own handwriting he gave her name as vineeta. Hence deception played on government authorities by both the accused no 1& 2 .None but only a habitual cheater would tender multiple identities to government authorities to escape from the eyes of law enforcement authorities for achieving their nefarious designs and ulterior motives. The acts of the accused are synonymous to those of the seasoned criminals. Even the NIA has proved during the investigations of terror attacks that terrorists retort to acquire multiple identities to escape from the eyes of law enforcement agencies for perpetrating heinous crimes like bomb blasts & hawala activities.

These acts of accused are abhorrent in any civilized society and as a result of these acts complainant and his family had to spend numerous sleepless nights and their respect and reputation in the society has taken an irreversible toll . Mo rover it is also submitted that the applicant & his family has suffered heavy monetary loss and also mental stress and agony by the actions of accused. The family which always keeps distance from the Police was forced to make rounds and rounds of the Police Station particularly when the mother of petitioner was on heavy chemotherapy dosage regime which she was administered everyday from AIIMS for answering such questions which were made just only to harass them .The petitioner was pained to observe that inspite of being aware with regards to the knowledge and duties of the Police theaccused were never challenged and by not stopping such acts further the accused felt as if they are above the law therefore they are harassing the petitioner even 7 months after they vacated and the petitioner just never wanted to see their faces let alone interacting with them .The accused are guilty with their intent and actions which are totally unethical,immoral & unlawful and moreover such acts are prejudicial not just to one individual(complainant) but to the whole society.

It is submitted that the complainant has already given his complaint to the PS Adarsh Nagar dated (Copy enclosed as Pex.No. Also an E-mail of the same was communicated to the respected commissioner of delhi police on date ...copy enclosed Exibit No. ..........

Also the same matter was communicated to the office of CEO Delhi Pex.No. No reply was received initially and after reminder , a reply to the same was received on date ...... Pex.No. Which was non satisfactory so a rejoinder to the same was sent on ..Pex.No. (copy enclosed) and from that day on wards the complainant is yet to see/hear from the CEO Delhi office or from Delhi Police. When the petitioner saw no remedy is coming , he presented himself to the district court for submitting an application in this regard u/s 156 3 , and when he asked the the reader in a hushed tone to allow him submission of this complaint he was straightaway told to leave the room immediately.As the petitioner feels threatened day by day regarding his life and property more so after seeing the present affairs of our respected executive and lower judicial system I. E . getting no support from anyone , also because of the empathy of responsible authorities, being conservatively introvert in nature ,as the family imbibed the thinking of staying away from police & courts , therefore the applicant has no other remedy but to seek intervention of HIS Honble Lordship so as to get justice .Mo rover also the applicant feels that the Honorable High Court would understand the worry of the applicant as the incidents and circumstances that unfortunately he was subjected to can adversarial prejudice not just him alone but can injure a large section of our society .

PRAYER:

It is, therefore, most respectfully prayed that Honorable court may kindly be pleased to award the above mentioned requests in the form of writ/directions to the respective authorities so that such kind of unlawful acts can be curbed in peoples interests.

Any other order that lordship may please consider fit and appropriate in this case .

APPLICANT

RAVI BHATEJA

Dated:

DELHI:

4.

5.

6).

8.

9.

11.

12.

13.

14.

16 .

16

17.

20.

21.

22.

23.

24

25.

26.

27.

28

29.

------------------------

IN THE HIGH COURT AT DELHI

WP.NO........../2015

PS:Adarsh Nagar

IN THE MATTER OF :

RAVI BHATEJA }....petitioner

VERSUS

Commissioner of Delhi Police} respondent no. 1

CEO(Election) Delhi } respondent no. 2

Vishnu Kr. Bhartia } respondent no.3

Vineeta Bhartia } respondent no. 4

Rajesh Kumar Misra } respondent no. 5

AFFIDAVIATE

I , Ravi Bhateja S/O Baldev Raj age about 38yrs R/O.28/45 Punjabi Bagh ,New Delhi-110026, do hereby solemnly affirm and state as under:-

1.That I am the applicant/complainant in the above matter , aware of the facts and competent to depose the present affidavit.

2. I have drafted the plaint by myself taking references from whatever legal resources/information that are accessible to me. The petitioner has tried his level best to relate his complaint in accordance with the law and if case any error has crept in it,the applicant offers serious apologies to the Honorable Lordship from the innermost debts of his heart and undertakes to rectify em in future.

3.That I have read the accompanying application and the same have also been understood by me.

4.That the contents of accompanying application and documents attached along with are true to my knowledge.

5.That the contents of accompanying application may be read as a part of this affidavit.

APPLICANT

RAVI BHATEJA

VERIFICATION :-

Verified that the contents of affidavit from no. 1 to 5 are true to my knowledge and nothing material has been concealed therefrom.

APPLICANT

Verified at Delhi

DATE:24/12/2015.RAVI BHATEJA

NOTE :ALL Attachments in .pdf format PAGE 1