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| complaint U/S 200 Cr.P.C in Anti Corruption Court |
Forum: Anti-Corruption Court
Title/Parties: complainant /aggrieved person Vs respondents
(government officials & private persons)
COMPLIANT U/S 200 Cr.P.C. UNDER SECTION
420, 468, 471 PPC & 5(2)47 PCA AGAINST THE PRIVATE RESPONDENTS
Respectfully Sheweth:-
That brief facts leading to file the instant complaint are that the
real younger brother of the complainant namely Mr. Jason had been displaced in the year 2004 and since
then his whereabouts are not known to any relative till today and the
complainant as well as his elder brother
namely Mr. Kalson tried their level best to find out but all the efforts of complainant and his elder brother are fruitless and in this regard the complainant and his
brother also moved an application in concerned police station on which no
proceeding was conducted therefore, the complainant moved an application before
concern Senior Superintendent of Police investigation (copy is annexed
herewith), however, the whereabouts the brother of the complainant could not be ascertained.
That after
lapse of long time, on 27.10.2020, the accused/respondent No. 2 to 4 applied
for the declaration for legal heir-ship certificate before the learned civil
judge (copy is annexed herewith), in which they alleged themselves as the sons
of real brother of the complainant namely Mr. Jason and also alleged that the
said Mr. Jason married with one Mst. Rabika, the mother of the accused/respondent
No. 2 to 4 on 12.01.2002 and had died in the year 2013 without placing any
death certificate or document of his death. However, the date of birth of the
proposed accused on their identity cards as Akshye Jacob d.o.b 14.04.1999, Willian
Jacob d.o.b 14.04.2000 and Rabia d.o.b
14.04.2001 (Copies are annexed herewith)
That after getting the copy of aforementioned suit, the
complainant filed an application U/O 1
Rule X CPC and also suit for declaration, cancellation of the CNICs of
respondent No. 2 to 4 on 25.08.2020, which is subjudice before the court of
competent jurisdiction. Copies of applicant and suit are annexed herewith for
kind perusal of this Hon’ble court, which may kindly be read as integral part
of this petition.
That in counterblast, the accused/respondent No. 2 to 4 challenged
inheritance mutation No. 822 dated 12.01.2020 of the deceased father of the
complainant namely Payare Khan as well
as mutation No. 872 dated 08.02.2020 of missing brother namely Mr. Jason by filing the petition U/S 12(II) CPC which
was dismissed due to non-submission of process fee vide order dated 09.02.2021
and they also preferred a petition U/S 22-A & B Cr.P.C against the
complainant with the assertion that the
complainant through fraud and misrepresentation sanctioned the above referred
mutation in their favour, in which the Ex-Officio Justice of Peace, vide order
dated 23.08.2019 pleased to dismiss the same
with the observation that the respondent No. 2 to 4 may move the
authorities against the respondent No. 2 to 4 for fabrication fraud and
providing false information with intend to cause public servant to use his
powers and thereafter, the complainant
moved petition U/S 22-A Cr.P.C for registration of case against the
respondent No. 2 to 4 (Copies are is annexed herewith), in which the Ex-Officio
Justice of Peace, accepted the petition U/S 22-A Cr.P.C and issued direction to
concern police to register a criminal case against the respondent No. 2 to 4
vide order dated 20.02.2020.
That on the
direction of learned Ex-Officio Justice of Peace, a criminal case FIR NO.
240/20, dated 26.02.2020, Offences U/S 420, 468, 471 PPC, was lodged against
the accused/respondents, in which the respondents/accused twice moved their pre
arrest bail petitions and the same were dismissed due to non-prosecution vide
order dated 28.09.2020 & 30.10.2020 respectively and the concern police did not arrest the
accused persons/respondent No. 2 to 4 being influential persons and the concern
police instead of arrested them, prepared a cancellation report collusively,
although all the documents regarding the birth of respondent No. 2 to 4 and
marriage of their mother are forged and fabricated documents and fraud and
fabrication is floating on the surface of the said documents but despite this
fact, the same was accepted vide order dated 03.04.2021 by this Hon’ble court,
against which the complainant preferred an appeal before the learned worthy
Sessions, Judge, which was dismissed being incompetent with direction to file
the same before the competent forum vide order dated 29.04.2021 and thereafter
the complainant filed a petition U/S 561 A Cr.P.C vide Crl. Misc. No. 0101/M/2021 against the order dated
29.05.2021 before the Hon’ble High Court, which was dismissed by the Hon’ble High
Court, by observing the complainant “if
the petitioner dissatisfied from this order, he may file private complaint”, hence
being aggrieved, the complainant prefers to file instant compliant against the respondents/accused.
That the birth certificates and Family Registration Certificate (FRC)
of the proposed accused persons/respondent No. 2 to 4 clearly at variance and
they were got issued recently after the delay of more than 19 years and the
pattern of date of birth in Family Registration Certificate (FRC) is very much
unnatural and all the three children were born on the same day and month of
three different years, which clearly indicates doubts regarding the integrity
of the alleged documents and all the documents are prepared by the private
respondents/accused in connivance with the concerned officials, hence the
respondents No. 2 to 4 are liable to be prosecuted above said charges.
That the date of birth of respondent No. 2 is prior to the marriage of
his mother with the brother of the complainant as alleged by them, which seems that
respondent No. 2 to 4 are churning out the fake documents with the help of the
concern government functionaries and public servants also involved in the
instant matter and they are liable to be prosecuted under the relevant
provision of prevention of Corruption Act 1947 and instead of get join them in
the investigation, the police concern prepared cancellation report with the
connivance of respondent No. 2 to 4, which shows the malafide on the part of
the local police, hence the complainant has no other option except to file the
instant complaint.
That the birth certificate of the accused respondent No. 4 is
fraudulently, malafide and with ill will in connivance with the concerned
official of the Union Council No. 10 is issued while the birth certificate of
respondent No. 2 & 3 are fraudulently through misrepresentation and fraud
got by the respondent No. 2 to 4 from the Tehsil Municipal Corporation and the
concerned official also misused their powers while issuing the same and it is
admitted fact that the brother of the complainant Mr. Jason is the resident of Union Council No. 14,. It
is further submitted that in this regard, the complainant also filed an
application for registration of FIR before the Anti-Corruption Establishment
(copy of application is annexed herewith) but of no avail, hence this complaint
before this Hon’ble court.
PRAYER
In view of the above
circumstances, it is, most respectfully prayed that the instant compliant may
kindly be accepted and the respondents may graciously be summoned in persons,
prosecuted and be punished under the above referred relevant provisions of law,
in the interest of justice.
Any other relief which this
Hon’ble court deems fit and proper also be granted to the complainant.
Complainant through Council
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