IN THE COURT OF HON’BLE CHIEF METROPOLITAN

MAGISTRATE, SOUTH EAST DISTRICT , SAKET

COURTS, NEW DELHI
Complaint No 2024

IN THE MATTER OF:

ALPHONSO JOHN,
D/O LATE SHRI JOHN GEORGE,
R/O 5BMK, GIRINAGAR,
KALKAJI
NEW DELHI – 110019
COMPLAINANT

VERSUS

1. SHRI
MADAN
LAL
VERMA S/O
SHRI DAULI
RAM
R/O 8/9,
SECTOR- 21D
HOUSING
BOARD
COLONY,
OPPOSITE POST
OFFICE,
FARIDABAD,
HARYANA
MOB NO. 921380905,8383885131
2. SHRI K.S RAJU,
S/O SHRI K.P
SHREEDLALA
R/O GANPATI
PROPERTIES,
B – 100/1, VISHWAKARMA COLONY,
M.B. ROAD, NEW
DELHI – 110044
MOB NO.
9810457130
EMAIL : rajuks595@gmail.com
 3. RAJESH KUMAR

4. PURAN SINGH

5. A.S.I GAJENDER PAL

6. AARTI LADY CONSTABLE

7. POLICE OFFICIAL WITH SOME UNKNOWN PERONS

P.S – PUL PRAHLADPUR
ACCUSED
PERSONS
P.S- PUL
PRAHALAD PUR

COMPLAINANT UNDER SECTION 223 BNSS READ WITH

SECTION 175(3) BNSS FOR DIRECTION TO SHO/IO TO
REGISTER FIR U/S 318(4)/ 336(30/ 338/ 340(2)/
316(2)/ 351(2)/ 3(5)/ 61(2) BNS AND ARREST THE
ACCUSED PERSONS AND INVESTIGATE THE MATTER.

MOST RESPECTFULLY SHOWETH:-

1. That the complainant is a peace loving and law abiding

citizen of the Country and has complete faith in the

administration of justice and being aggrieved from the
unlawful and illegal actions of the above named
person/accused, the complainant is being compelled to file the
present complaint against the above named person before
your good office and for your kind indulgence.

2. That the complainant is residing at above mentioned

address at presently and the complainant was residing in

the rented premises bearing no.B-90, Top Floor Vishkarma
Colony Pul Prahaladpur, NEW DELHI-110044 and the
complainant is permanent resident of Kerala and has been
serving Church Jesus Call at Connaught place and earn her
livelihood.

3. That the Accused No.2 is Property Dealer in the area of the

Vishwakarma Colony and runs under the name and style as

"GANPATI PROPERTIES" engage in sale, purchase, renting,
collaboration and for rendering their services that they
have charged Two months commission towards rent
amount.

4. That the Accused No.2 had provided a room on rent to the

applicant Le. B-90, Top floor, Vishkarma Colony, N.D-44 for

Rs. 5000/- p.m. rent and taken his One month commission
and One month advance. The Accused No.2 had assured
the applicant that Accused No.1 of the flat is not living here
and the Accused No.1 is the custodian of the flat, so you can
live or stay as long as you needed. That the condition of the
flat was not good and the Accused No.2 had called the
Accused No.1 in front of the applicant and at that time, the
Accused No.1 had given the permission to repair the house
and all the expenses incurred towards the repair shall be
adjusted in the rent and Accused No.2 had assured the
complainant that all your expenses will be adjusted in
monthly rent and the complainant had install water motor,
gate and install iron-jaali and other repair including white
wash and paint to make the room habitable.The applicant
agreed as the applicant thought that the applicant will spend
her rest of life peacefully here as narrated and assured by
the accused No.2. The applicant has spend more than
Rs.200000/- (Two lakh only) in the repairing of the flat from
roof to gate and the complainant had given all the repaired
bills to the Accused No.2 and the dealer assured the applicant
that you had given all the repair bill to me i.e. Accused No.2
and the Accused no.1 shall made the payment when you
vacated the premises or adjusted the repair amount in rent
regularly.

5. That It is pertinent to mention here that no rent

agreement was executed even the complainant was
requested for rent agreement but the accused No.2 always
ignored the same on one pretext or the other, after Eleven
months of tenancy the Accused No.2 had come to the
complainant and asked the applicant to sign the Rent
Agreement of the last year i.e. 2019 for the purpose of record
and the applicant was not aware with the intention of the
Accused No.2 and Accused No.1 and signed the
agreement which was witnessed by the Accused No.2 itself
and the Accused No.1 had not signed the rent agreement but
the agreement was duly notarized prior to the applicant
signature and the rent agreement produced by the owner
in the eviction case against the applicant was duly singed by
the owner both the rent agreement are annexed herewith as
Annexure- A & B.

6. That it is pertinent to mention here that the Accused No.2

was collecting the monthly rent from the applicant and

Accused no.1. I had never visited the flat and the applicant
was requesting the Accused No.2 to start adjusting the repair
money from the rent but the Accused No.2 kept ignoring the
same on one pretext or other. The Accused No.2 always
assured the applicant that let the Accused No.1 come to Delhi
and he shall pay your repaired amount of Rs. 2 Lakhs. The
applicant did not meet the Accused No.1 of the house.

7. That the applicant after expiring of the false, fabricated and

forged agreement asked the Accused No.2 to renew the rent

agreement and asked the Accused No.2 to issue rent receipt
for the sake of safety and further requested to endorse the
repair receipt too, but the Accused No.2 again assured the
applicant that you don't panic that the money will be refunded
as soon as the Accused No. I come to Delhi and the Accused
No.2 for the satisfaction of the applicant had made the entries
by his own handwriting on blank papers as receipt. The copy
of the rent receipt given by the Accused No.2 is annexed
hereby as Annexure-C.

8. That at the time of taking the flat, the Accused No.2

and the Accused No.1 had smartly fooled the applicant in
their sweet words and assurances and the repair of the
flat was conducted through tenant and condition of the
Property bearing No. 13-90, Top Floor, Vishwakarma Colony.
New Delhi-110044, was not so good and there was a
leakage/seepage from the ceiling of the house and there is no
main from gate at ground Floor stairs so, the bad
persons/local goons used to comes to the roof property
and where they are play cards and drink alcohol and chew
Gutka, tobacco and spit here and there which blocked the
pipe and water had come into the room of the applicant, due
to the condition, the applicant had narrated all the story to
the property dealer i.e. Accused no.2 and thereby the
applicant had also installed gate at Stair on the ground floor
for stooping the illegal activities at the roof.

The photograph of the house is hereby annexed as Annexure-D

(colly).

9. That the applicant had inquired from the accused No.2 that
you have given the bills to the Accused no.1, the Accused
no.2 said that he had shown the bills of the repairing of the
house to Accused No.1 and the Accused No.1 of the house
is not agree with the bills and Accused No.1 of the house is
totally denied regarding the money invested by the applicant.

10. That After this, the Accused No.2 are deliberately and

intentionally avoiding the applicant for her repair money and

giving time on one pretext or the other to the applicant and
the applicant had already invested her hard earned money in
the property of the Accused No.1 on the words of his Accused
No.2 with assurance of the Accused No.1.

11. That this is the clear case of cheating and conspiracy

hatched by the Accused No.1 and Accused No.2 to duped

and grabbed the applicant hard earned money. The applicant
had moved a complaint in this regard vide DD No. 102K dated
19.04.2021.

12. That After all this happened, the applicant came to shock

and surprise that he received a notice from the Accused No.1

of the house for not receiving the rent of the house from the
period of March, 2020 to October, 2020.

13. That the applicant then apprised the same to the dealer

and the Applicant No.2 didn't reply to the enquiry of the

applicant and Accused No.2 changes his character and start
abusing the applicant and threatens the applicant to kill and
asked the applicant never come to me again. The applicant
requested the Accused No.2 that to clear the
misunderstanding between the applicant and the Accused
No.1 but the Accused No.l is sending the legal notice to the
applicant and when the applicant asked dealer Accused
No.2 that the dealer Accused No.2 talked the Owner
Accused No.1 clear his doubts about the Rent and adjusted
my repair money from the rent by the Accused No.1. That
after pressurizing a lot Accused No.2 assured the applicant
that he will disclose all the facts and stand with you wherever
the applicant wants. further the Owner Accused No.1 also
assured that he had words with him and solve the issue of rent
and repairing payment the house and seeks time for the
same.

14. That the applicant receives summons from the court and

appeared before narrated the whole story to the Court where

the Accused No.2 didn't appear before this Hon'ble Court
and the Hon'ble Court has been passed an order of eviction for
non payment of rent and for the same, the applicant has
been evicted by the court through its warrant of
attachments. And the applicant had invested her hard earned
money for the repair of the house only for the Owner has
given me assurances that the rent will be adjusted after
repairing the house and the applicant has been duped by the
Owner Accused No.1 of the house and Accused No.2 for
which the applicant has been lost of Rs.2,00,000/-.

15. That the applicant has narrated the whole story and the
unethical approach and conduct of the above said persons
who misuse my trust, cheated the applicant by their conduct
and further the above name person had in connivance with
Accused No.1. That caused huge loss to the applicant. The
applicant has usurped my hard earned money amounting of
Rs.2,00,000/-(Rs. Two Lakh Only). The Accused persons
pursuant to their ill intentions and motives have not only
cheated and criminally breached my trust and usurping my
hard earned money but has caused wrongful gain to
themselves and wrongful loss and injury to me.

16. That the complainant after seeing the behavior of the

accused no.1 got shocked and surprised and went to Pul

Prahlad Pur officials to register a complaint against the
accused No.1 and No.2.

17. That it is clear from the facts and circumstances that

since the beginning both the accused persons have

intention to cheat the complainant with conspiracy with each
other.

18. That both the accused persons with their common

intention and by hatching a conspiracy have committed the

offenses, for which they are liable to be punished according to
law.
19.That when no alternatives was found by the complainant,

then he came to this Hon'ble Court to get justice.

20. That the Complainant is residing in Delhi at the above

noted address and the offenses are also committed by the

accused persons within the local limits of this Hon'ble Court
and hence the Hon'ble Court has got the jurisdiction to
entertain, try and adjudicate the present matter under the
appropriate provisions of law.

21. That it is settled law laid down by the Hon'ble Supreme

Court in the catena of cases that where a verbal or written

complaint discloses a cognizable offence, the police official are
duty bound to register the case and investigate the matter
thereafter. Inspite of the settled preposition of law, the police
official did not take action against the accused persons for
reasons best known to them.

22. That the complainant has filed the complaint under

section 156 (3) of Cr.P.C. at P.S. Govind puri in the Sh.

Ashwini Pawar, Ld.MM. New Delhi and again filed at PS kalkaji
in the Ld. Sh.Raghav Sharma. Id. MM. Delhi wherein the Id.
Court granted the complainant to withdraw the complaint from
this Court because of the lack of jurisdiction and the Id. Court
has allowed the complainant with liberty to file a fresh
complaint before the competent court vide order dated
19.09.2023.
23. The copy of the said order is hereby annexed as

Annexure- 11 & 1.

24. That one Shri Madan Lal Verma had filed one civil suit for

recovery of possession as well as recovery of amount against

me which suit was decreed against me and after obtaining a
decree of possession and recovery of money against me,
the said Shri Madan Lal Verma, filed one execution petition
for the issuance of the warrants of possession as well as
warrants of attachment in respect of the said decree so
obtained by him against me.

25. That being aggrieved by the said judgment and decree

so obtained by Shri Madan Lal Verma against me, I had

already preferred an appeal against the same which appeal is
still pending for adjudication before the competent Court of
jurisdiction.

26. That notwithstanding the pendency of the said appeal,

the said Shri Madan Lal Verma approached the Hon'ble

Court for issuance of warrants of possession as well as
warrants of attachment for executing the said judgment and
decree and on the affidavit being filed by him that there is no
stay order in operation in respect of the appeal filed by me
against the said judgment and decree, the Ld. Court vide
its orders dated 16.09.2022 was pleased to direct the said
Shri Madan Lal Verma to appear before the Ld. A.C.J., South
East District, Saket Courts, New Delhi, on 26.09.2022 for
appointment of the bailiff and for the report before the said
Court on 09.12.2022. Further on the request of the said
Shri Madan Lal Verma, it was also directed that the said bailiff
shall be competent to obtain the police aid (both male and
female) for the due execution of the said warrants of
possession as well as warrants of attachment.
27. That on 26.09.2022, some bailiff was appointed by the

Ld. A.C.J., South East District, Saket Courts, New Delhi, and
immediately on the very next day, the said bailiff, in collusion
and connivance with the said Shri Madan Lal Verma along with
various police officials from the local police station, headed
by A.S.I. Gajender Pal, came to my premises at about 10.30
p.m. and forcibly entered into my house and started throwing
my goods and articles lying in the said premises from the fifth
floor to the ground floor in order to cause damage to the said
goods and articles. Not only this, they also took forcible
possession of various valuable articles lying in the said
house belonging to me as well as jewellery of my friends lying
in the house which were entrusted to me by my friends while
leaving for Saudi Arab in connection with the job. Not only
this, the said A.S.I. Gajender Pal in collusion and connivance
with the said Shri Madan Lal Verma, started hurling filthy
abuses against me and held out threats that in case any
obstruction or hindrance is being created by me in the
aforesaid unlawful and illegal acts and actions on the part of
the bailiff and the police officials in collusion and
connivance with Shri Madan Lal Verma, in that event, the said
police officials would involve me and my other family
members in false and frivolous criminal cases. Not only this,
when I was preparing a video of their unlawful and illegal
acts from my mobile phone, the lady constable namely Aarti
has twisted my hand and caught hold of me by my hairs and
started slapping me furiously for making the video where
they were destroying the articles and one of the said police
officials namely Suresh snatched my mobile phone and
keep it in their hand so that I may not be able to capture
their unlawful and illegal acts and the video already recorded
by me, must have been destroyed by them to save their skin.
However till today, I haven't got my phone from the police
officials and if any-thing happen wrong with my phone, the
erring police official will be responsible for this and A.S.I Sh.
Gajender Pal has said when I requested him to save my other
article but the ASI said that if you give me Rs. 30,000/-, no
one will harm you and your articles but i showed by
incompetency for the same and they didn't stop their foul
play.

28. That thereafter, the said police officials in collusion and

connivance with the bailiff so appointed by the Ld. Court as

well as Shri Madan Lal Verma, damaged my goods and articles
lying in the said premises and after damaging my goods and
articles, left the said premises while taking away valuable
goods and articles including jewellery and 350 k.g. of rice, 62
k.g. of Kali Mirch lying in the said premises and further
locked the said premises from the outside and thrown me
from the said house. Most of my goods and articles worth
more than Rs.2,00,000/- (Rs. Two lakh) are still lying in the
said house but I was not allowed to take out my goods and
articles including my wearing apparels lying in the said
premises and the said Shri Madan Lal Verma in collusion and
connivance with the local police as well as bailiff so appointed
by the competent Court of jurisdiction, held out threats of my
life and property while throwing me out from the said
premises. Due to fear of threat of falsely implicated in the
case by one of the police official SHO Sanjay Dahiya, Pul
Prahalad Pur, I am so feared and restlessness and
traumatized by the conduct and behaviour of appointed
bailiff and erring police officials but today I have come to the
court on my date and write this complaint.

29. Court appointed Rajesh but Puran singh also came in

connivance with Shri Madan lal Verma i.e, Puran singh is
retired court person and did all the work of eviction and
prepared a wrong and incomplete list.

30. Rajesh, the bailiff taken the articles of my house

including the utensils and jewellery and thrown away the
article from the 5th floor to the ground and almost all
articles were broken and jewellery are taken in his
possession. The labourers of the decree holder who has
brought with him for eviction of said house all the articles
taken and left by police officials and bailiff and decree
holder.

31. Kavita and Vishal also taken all the cloths, utensils
and took ration and 350 kg rice, 62 kg kali Mirch and left
from my house by the kavita and Vishal. And also by her
kavita's relatives i.e, (husband, husband's brother, mother
in law, father in law).

32. The police staff taken the mobile phone forcibly taken
the phone by police official Naresh, from the beat, he
belongs to my police beat area. P.S pul prahaladpur. That
the private guard of B Block Vishwakarma colony, pul
prahalad pur, New Delhi did not perform his duty properly
and come to influence of the decree holder.

33. That the most important thing, I have placed you that All
the aforesaid unlawful and illegal acts and actions on the
part of the bailiff and the erring police officials in collusion
and connivance with Shri Madan Lal Verma recorded in the
four camera and this was recorded by camera of the Delhi
government which was on the pole of the street and this was
the proof of my said statement and save and preserve the
CCTV footage for your future reference and two witness
namely Jeevan and Rajesh are there for proving my
statement. And Two photograph wherein the Bailiff namely
Rajesh.

34. That the applicant had visited the concerned Police

Station, Prahlad Pur, New Delhi but all in futile as police official
did not allow the applicant to meet the higher police officials
but on 28.09.2022, the applicant met with the SHO Sanjay
Dahiya and narrated him the entire incident happened on
27.09.2022 and requested the SHO for providing the
articles and mobile phone seized by the errant Police Officials
but the applicant came to utter surprise when SHO rebuked
the applicant and said don't utter lie before me and never
narrate your story to anyone else, otherwise the applicant
will face dire consequences and further threatens the
applicant not to come again with your complaint.

35. That from the aforesaid facts and circumstances, it is

crystal clear that the said bailiff so appointed by the Hon'ble
Court as well as the local police had not performed their
official duties properly and had acted in collusion and
connivance with Shri Madan Lal Verma and hence appropriate
legal action in accordance with law is required to be taken
against the bailiff as well as the erring officials of Delhi Police
and they be ordered to be prosecuted and punished for the
serious offences so committed by them and my goods and
articles forcibly taken possession by the bailiff preparing
wrongly mentioned article list, be ordered to be restored back
to me and further I may be allowed to take out my goods and
articles lying in the said premises which were not allowed to
be taken out by the bailiff while taking the possession of
the said premises in execution of the warrants of
possession and attachment so issued by the Hon'ble Court,
hence the present application.

PRAYER

In light of the above-mentioned facts and circumstances, it is

most respectfully prayed that this Hon'ble Court may kindly
be pleased to:

a) Summon, try, and punish the above-named accused

persons under Sections 318(4)/ 336(30/ 338/ 340(2)/
316(2)/ 351(2)/ 3(5)/ 61(2) BNS in the interest of justice.

b) Conduct an investigation into the unlawful actions of the

bailiff and Delhi Police officials who acted in collusion with
the accused. Appropriate legal action should be taken for
the offenses committed. The Court is requested to order
the return of my goods, including my mobile phone, which
were seized without inventory, and allow me to retrieve
 the remaining items from the premises during the
execution of the possession and attachment warrants.

c) Pass any other or further order(s) and grant any other

relief(s) that this Hon'ble Court may deem fit and proper in
favor of the complainant and against the accused
persons, in the interest of justice.