Bar & Bench ()images.assettype.com/barandbench/import/2017/09/...against DPS World School in Greater...

IN THE SUPREME COURT OF INDIA

ORIGINAL CRIMINAL JURISDICION

UNDER ARTICLE 32 OF CONSTITUTION OF INDIA

WRIT PETITION (CRL) NO. OF 2017

IN THE MATTER OF:

Barun Chandra Thakur …Petitioner

Versus

Union of India & Ors …Respondents

WITH

I.A. NO. OF 2017 AN APPLICATION FOR EXEMPTION FROM FIILNG OFFICIAL ENGLISH

TRANSLATION

PAPER BOOK

(FOR INDEX KINDLY SEE INSIDE)

ADVOCATE FOR PETITIONER: VENKATESHWARA RAO ANUMOLU

Bar & Bench (www.barandbench.com)

SYNOPSIS & LIST OF DATES

The collective conscience of the whole nation has been shaken due

to the recent and continuous incidents shaking the heart of each

and every parent in this country who send their children to the

school every morning. Today they are in fear whether or not to send

their children to schools. Today they are in fear whether the child

being sent to the school by them would return in the same manner

as they sent him or whether they would return at all or not.

The unfortunate father of seven year old child who is the petitioner

herein had sent his child to the school in the morning of 08th of

September 2017 and within minutes lost him. There are incidents

just like this taking place in all corners of the country without any

responsibility being fixed of the schools and their managements.

Children who are the most vulnerable persons and who are in care

and protection of the schools for a considerable portion of the day

and in many cases for time more than what a parent would get with

their children. In absence of any guidelines or law with regard to

fixing the responsibility of the management of the school or any

punishment to the higher authorities of the schools these kinds of

incidents have continuously been taking place all across the country

while the schools have continued their operation in the same


manner as before with full impunity. The details of some of such

incidents is as under

2004 Kumbakonam School fire accident

happened in a school in Kumbakonam

town in Thanjavur District in Indian State

of Tamil Nadu. A total of 94 students of

primary section of the Krishna English

Medium School were burnt to death in

their classroom as the thatched roof

caught fire on 16.07.2004 [2] [3] The

accident was the one of the four major fire

accidents and largest school accident in

Tamil Nadu and second in terms of

casualties for fire incidents in schools in

India.

30.01.2016 A six year old class-I student of Ryan

International School in Vasant Kunj died

in school premises Saturday, his family

alleged, amid information that he was

found unconscious and rushed to a

hospital where he was declared dead on

arrival.

Later in February 2016 the Delhi

Government recommended a CBI probe


into the said incident.

14.02.2017 Ghazal Yadav Death: Parents Launch

Facebook campaign to initiate action

against DPS World School in Greater

Noida.

A facebook campaign #justiceforgazhal

launched by parents of Ghazal Yadav,

class-2 student of DPS World School and

residents of Stellar Jeevan housing society

Garner wide support.

Ghazal died on 31, soon after participating

in a karate competition in the school.

Since then, her family has been demanding

the sequence of events that led to her

death.

Ghazal’s parents claimed that they have

seen a CCTV footage in which Ghazal was

seen running after teachers and no one

allegedly paying attention to her.

“She was hurt during the karate event and

had started complaining of headache. But

the teachers kept her waiting for a photo

session and didn’t rush her to a hospital.

The case is not being investigated

thoroughly, said Lal Chand Yadav, father


of girl.

The facebook campaign gathered garnered

wide support and residents of other

housing societies as well came forward to

help the girl’s parents. The matter was

subsequently reported to Gautam Budh

Nagar District Magistrate N.P. Singh.

08.09.2017 The 7 year old boy of the petitioner found

dead in Ryan International School of

Gurugram with his throat slit open. In a

brutal act of inhumanity, a 7 year old class

II boy from a Gurugram school was found

dead, reported ANI on Friday morning. The

body of child was found in a pool of blood

with his throat slit open. As per ANI, the

incident took place at Ryan International

School, Bhondsi.

10.09.2017 A five year old girl was allegedly raped by a

peon inside the premises of a private

school on Saturday in Gandhi Nagar Area,

New Delhi police stated.

The accused identified as Vikas (40), has

been arrested said Nupur Prasad, Deputy

Commissioner of Police, Shahdara.

The incident came a day after a seven year


old boy had his throat slit for allegedly

resisting sexual assault by a bus conduct

of a Gurugram school-an incident which

sent shock waves across the country.

In the present facts and circumstances all hopes of all the children

across the country and that of their parents whose voices do not

seem to be heard by the administration of the States across the

country have approached this Hon’ble Court for justice and for such

guidelines and directions which ensures the safety and security of

the future of this country i.e. the children.

11.09.2017 Hence the present writ petition



ORIGINAL CRIMINAL JURISDICION



BETWEEN :-

Barun Chandra Thakur

S/o Late Srichandra Thakur

R/o Road No.2, Shyamkunj

Bhondsi, District Gurugram

Haryana

Petitioner

AND

1. Union of India

Through its Secretary

HRD, Ministry of Human

Resource Development

Shastri Bhawan, New Delhi

2 Central Board of Secondary

Education

Through its Secretary/ Director

Preet Vihar, New Delhi

3 State of Haryana

Through its Home Secretary

Secretariat, Chandigarh

Haryana

4 The Director General of Police

Chandigarh, Haryana

5 Central Bureau of Investigation

Through its Director

CGO Complex, New Delhi

All contesting respondents


To

The Hon’ble Chief Justice of India

and his Companion Justices of the

Hon’ble Supreme Court of India

This humble Petition of the

Petitioner above named -

MOST RESPECTFULLY SHEWETH :

1. The present petition has been filed by the petitioner herein

invoking the extraordinary writ jurisdiction of this Hon’ble

Court seeking intervention (a) issuing directions for a full

proof, free, fair, independent and fearless investigation

including an enquiry and investigation by CBI; (b) issuing

directions ensuring the safety and security of the family

members of the deceased; (c) issuing directions to various

concern authorities and agencies not only to ensure absolute

safety and security of each and every child studying in the

schools all across the country but also direct the authorities

and agencies to immediately crack action against all such

schools, management, Director, Promoters and Principals for

neglecting and ignoring the concern of security and safety of

the children including the present Directors, Promoters and

Principals of the subject school and holding the management

criminally and vicariously liable and responsible for all any

and every act detrimental to the safety and security of the child

in each and every school across the country even directing

their prosecution even for a minor lapse or dereliction; (d)

issuing directions to the extent of laying down guidelines for


implementing the concern and issues raised herein including

directing de-recognition of all such institutions failing to adopt

and adhere the statutory provisions in this petition in the light

of the extraordinary exceptional and rarest of the rare situation

arising qua the diabolical cold blooded murder of an innocent

child namely Pradhyun Thakur, a student of class-II of Ryan

International School located at Sohna Road, Gurugram,

Haryana, the hush up investigation process being adopted so

far in which the main conspirators including Directors,

Promoters and Principal of the school have been let off and a

conductor has been made the scapegoat which shakes and

shocks the conscience of each and every citizen of this country

where the rich and mighty are being let off by the local cops

and a scapegoat is being found to derail the entire

investigation process, the shaking of faith and belief on the

investigation warrants the petitioner to file the present

petition.

1A The petitioner has not approached the concerned authorities

for the same.

2 The petitioner Barun Chandra Thakur is the unfortunate

father of the seven year old child who lost his life at Ryan

International School, Gurugram on 08.09.2017. He is an

Indian citizen and whose address is Road No.02, Shyam Kunj,

Near KIIT College, Sohna Road, Gurugram, Haryana and his

email ID is [email protected]. His Adhar Card No


938322672700. He works for a private company in Quality

Department and has an approx. income of Rs.10 lacs. This

petition under Article 32 of Constitution of India has been filed

in the interest of the children studying in different schools all

across the country.

3 The facts leadings to the present petition are set forth here

under

i. The petitioner is a permanent resident of Gurugram the

address is already mentioned in the array of parties and is

working as a Quality Manager in a private company. He is

married in the year 2004 and having one daughter at 11 years

old and son (now deceased) of 7 years old namely Vidhi and

Pradhyuman respectively. The family was leading a normal life

till Friday when the petitioner went to drop his children, who

are the students of Ryan International School, Sohna Road,

Gurugram, to the school gate at 7.55 a.m. After dropping the

children at the gate of the school at 7.55 a.m. the petitioner

reached at home and received a call at 8.09 a.m. from the

school where he was told to talk to Junior Wing Supervisor

Teacher and when the said call was made it was told to the

petitioner that his son is found profusely bleeding near the

bathroom of the school and we are taking him to Badashahpur

where the nearest hospital located. Thereafter another call was

made in quick succession telling that they are taking his son

by ambulance to Artemis Hospital. Thereafter the petitioner


and his wife immediately reached to the said hospital where

the petitioner found that his was admitted in Emergency Ward.

The doctor attending petitioner’s son after finding the

petitioner in the hospital spoke to him and told him that he

was brought dead to the hospital. This is shocking and

disturbing for the petitioner all the more for the reasons here

under:

a. The son was dropped at the main gate at 7.55 a.m. from

here it takes time to reach the main campus. It is baffling

that within 15 minutes such diabolical cold blooded

murder could take place that too without any scream,

cry, notice, attention, circulation, watching and also

without any kind of indulgence or activity at the scene of

crime and that too at such time when the maximum

activity of the school takes place at this time including

the rapid movement of the children all through the

school. It is also pertinent to mention herein that the

session of the first period starts from 8 a.m. A true copy

of the photographs of the school as well as the injuries

inflicted on the child is annexed herewith as ANNEXURE

P-1.

b. The washroom of the school is being used by the

outsiders as well along with the children of the school

which is equally shocking and disturbing. It appears that


the recognition to run the school is being given by the

concerned respondent by breaching the required

fundamentals and requisites related thereto.

c. The school is having high tension wire, a wine and beer

shop within 25 steps from the school, no requisite

infrastructure as per CBSE guidelines, no permanent

Principal, no security, safety, CCTV etc. and this school

was being run and operated by these loopholes by the

last so many years violating each and every principles

and bye-laws under the law and defying the legal

requirements as per law and therefore putting a risk the

safety and security of each and every child studying in

the school. Henceforth, the guidelines for holding

vicariously liable the Director, Promoter and entire school

management is absolutely and highly warranted in the

lights of the aforesaid facts and circumstances.

d. It categorically appears though allegedly that the

deceased had come to know such certain confidential

things for which he was meticulously murdered with full

proof planning otherwise how a conductor sneaked inside

with a brand new knife and slitting the throat in a

surgically expertise manner with a criminal intent to

murder someone instantly within seconds and the same


conductor takes the child to the hospital and thereafter

the cops found him immediately to be suspicious and he

thereafter immediately confesses which raises an iota of

doubt and surfaces various missing links to this case for

which a CBI enquiry is being sought for rather the local

cops are trying to hush-up the entire case by fixing the

obligation upon the scapegoat and declaring scot-free the

management of the institution where the incident had

taken place and it is certainly therefore that the

management of the school is supporting the theory of the

police and therefore the present petition.

e. The entire investigation stands concocted, fabricated and

manipulated and even the basic fundamentals of the

investigation is not being adhered to. It is also pertinent

to mention herein that the evidence related to blood

stains and clothes have been attempted to be wiped out

and rubbed to compromise with the scene of crime and it

has also been brought to the notice of the petitioner that

children studying in the class were asked to wipe the

blood stains before the arrival or information to the

police. It appears nearly impossible for a man to commit

such crime in such a short span without any larger

conspiratorial networking and where the conductor is

being made to confess on behalf of the real culprits to


owe the crime which is very disturbing and shocking

again. Also there is no footage of the incident.

f. The school which ought to have run on the principles of

welfare and education of the child is actually being run

on a money monger, commercial and profitable business

venture, where money is paid to obtain all kinds of

licenses, recognition and no objection from the concerned

authorities where except education everything is

available. The full proof investigation in the present

matter can only and only happen when an expert body or

agency such as CBI is being entrusted with the

investigation of the entire case. It is not an ordinary case

but several baffling questions makes it complex and

complicated, even the auditors of the school have

recommended various lapses very recently but still the

school by flouting all such norms is running the same

with absolute shame and impunity. This horror tale

could get extended upon any citizen of this country, if the

sensitivity and conscience of all of us not awakens and

this petition is a part of this drive to sensitize this issue

seeking indulgence of this Hon’ble Court in the light of

the aforesaid facts and circumstances of the case.

g. It has also been reported in one section of the media that

infact there may be more than one conspirators/accused

in the present case including a lady possibly which


substantiates that the entire investigation is

dimensionless and is spineless.

h. The need of a high level and composite enquiry further

arises because a similar incident of a child being killed in

mysterious circumstances occurred at Ryan School,

Vasant Kunj in Delhi being run by the same

management. A CBI investigation has already been

recommended in the said case and it would be pertinent

to see the role of the management of the school leading to

successive killings of the students in the said schools. It

would not be out of place to mention that in Ryan School,

Gurugram another death of a child took place by

drowning into the swimming pool of the school, but no

lesson seems to have been learnt.

i. It would also not be out of place to mention incidents

which have taken place in the recent past in different

parts of the country leading to the death of the child

while the schools have got scot-free in absence of any

specific guidelines fixing the responsibility of the

management of the schools.

2004 Kumbakonam School fire accident

happened in a school in Kumbakonam

town in Thanjavur District in Indian State

of Tamil Nadu. A total of 94 students of

primary section of the Krishna English


Medium School were burnt to death in

their classroom as the thatched roof

caught fire on 16.07.2004 [2] [3] The

accident was the one of the four major fire

accidents and largest school accident in

Tamil Nadu and second in terms of

casualties for fire incidents in schools in

India.

30.01.2016 A six year old class-I student of Ryan

International School in Vasant Kunj died

in school premises Saturday, his family

alleged, amid information that he was

found unconscious and rushed to a

hospital where he was declared dead on

arrival.

Later in February 2016 the Delhi

Government recommended a CBI probe

into the said incident.

14.02.2017 Ghazal Yadav Death: Parents Launch

Facebook campaign to initiate action

against DPS World School in Greater

Noida.

A facebook campaign #justiceforgazhal

launched by parents of Ghazal Yadav,

class-2 student of DPS World School and


residents of Stellar Jeevan housing society

Garner wide support.

Ghazal died on 31, soon after participating

in a karate competition in the school.

Since then, her family has been demanding

the sequence of events that led to her

death.

Ghazal’s parents claimed that they have

seen a CCTV footage in which Ghazal was

seen running after teachers and no one

allegedly paying attention to her.

“She was hurt during the karate event and

had started complaining of headache. But

the teachers kept her waiting for a photo

session and didn’t rush her to a hospital.

The case is not being investigated

thoroughly, said Lal Chand Yadav, father

of girl.

The facebook campaign gathered garnered

wide support and residents of other

housing societies as well came forward to

help the girl’s parents. The matter was

subsequently reported to Gautam Budh

Nagar District Magistrate N.P. Singh.

08.09.2017 The 7 year old boy of the petitioner found


dead in Ryan International School of

Gurugram with his throat slit open. In a

brutal act of inhumanity, a 7 year old class

II boy from a Gurugram school was found

dead, reported ANI on Friday morning. The

body of child was found in a pool of blood

with his throat slit open. As per ANI, the

incident took place at Ryan International

School, Bhondsi.

10.09.2017 A five year old girl was allegedly raped by a

peon inside the premises of a private

school on Saturday in Gandhi Nagar Area,

New Delhi police stated.

The accused identified as Vikas (40), has

been arrested said Nupur Prasad, Deputy

Commissioner of Police, Shahdara.

The incident came a day after a seven year

old boy had his throat slit for allegedly

resisting sexual assault by a bus conduct

of a Gurugram school-an incident which

sent shock waves across the country.

4. That this incident as well as other incidents have been

reported by various media as well as newspapers.

Relevant contents of the different newspaper articles


showing different incidents of injuries caused to students

studying in different schools is annexed herewith as

ANNEXURE P-2.

5 The petitioner has been informed that an FIR No.250

under section 302 of IPC and 25 of Arms Act has been

registered at P.S. Bhondsi District Gurugram, Haryana. A

true copy of FIR No.250 u/s 302 IPC and 25 of Arms Act

dated 08.09.2017 is annexed herewith as ANNEXURE P-

3.

6. This Hon’ble Court has been approached by the

petitioner herein keeping in view the flagrant violations

culminating into the vulnerability of the security and

safety of the children studying in the schools all across

the country which is not confined to one particular State

and therefore the extra ordinary original jurisdiction of

this Hon’ble Court under Article 32 of Constitution of

India has been invoked.

7 There is no efficacious and alternate remedy available to

the petitioner herein for which the present remedy has

been invoked.

8 This Hon’ble Court has the jurisdiction to try and

entertain the present petition keeping in view of

numerous identical incidents concerning the safety and


security of the children studying in different schools all

across the country. Many children have lost their lives in

the premises of different schools however, management

of the schools have not taken any responsibility and have

continued to operate in the same manner without any

improvement and with full implement.

9. PRAYER :

It is therefore most respectfully prayed that this Hon’ble Court

be pleased to :-

(a) Issue a writ of mandamus or any other writ or writs

whereby directions should be issued in the form of

guidelines by which (i) liability, responsibility and

accountability of the management of the school shall be

obligated and fixed in clear terms in case of incident/

accident of any kind taking place when the child

studying in the schools located across the country is in

care and control of the schools including pertaining to

the absolute safety and security of the children for; (ii)

the license/recognition be forthwith revoked of those

institutions who either fail to adhere the requisite criteria

or fail in the audit conducted by the authorities at

various levels or who are granted the recognition despite

flagrant violations of the concerned law; (iii) a committee/

commission of a retired Judge of this Hon’ble Court shall

be constituted for suggesting/recommending such


guidelines to be framed and implemented in toto under

the observance of this Hon’ble Court; (iv) an independent

constitutional body/Tribunal shall be directed to be

constituted by this Hon’ble Court to adjudicate such

identical issues happening in the schools across the

country as in the present case including various other

cases narrated in this petition taking place across the

country;

(b) issue a writ in the nature of mandamus directing for a

full proof, free, fair, independent and fearless

investigation including an enquiry and investigation by

CBI subject to the monitoring and intervention of this

Hon’ble Court;

(c) issue a writ in the nature of mandamus directing

ensuring the safety and security of the family members of

the deceased;

(d) issue a writ in the nature of mandamus directing to

various concern authorities and agencies not only to

ensure absolute safety and security of each and every

child studying in the schools all across the country but

also direct the authorities and agencies to immediately

crack action against all such schools, management,

Director, Promoters and Principals for neglecting and

ignoring the concern of security and safety of the

children including the present Directors, Promoters and


Principals of the subject school and holding the

management criminally and vicariously liable and

responsible for all any and every act detrimental to the

safety and security of the child in each and every school

across the country even directing their prosecution even

for a minor lapse or dereliction;

(e) issue a writ in the nature of mandamus directing to the

extent of laying down guidelines for implementing the

concern and issues raised herein including directing de-

recognition of all such institutions failing to adopt and

adhere the statutory provisions in this petition in the

light of the extraordinary exceptional and rarest of the

rare situation arising qua the diabolical cold blooded

murder of an innocent child;

(e) Pass such further or other order or orders as this Hon’ble

Court may deem fit and proper in the facts and

circumstances of the case and for the ends of justice.

AND FOR THIS ACT OF KINDNES YOUR HUMBLE PETITIONER AS

IN DUTY BOUND SHALL EVER PRAY.

Filed by

( Venkateswara Rao Anumolu)

Advocate for the Petitioner

Drawn & Settled by :

(Sushil Kumar Tekriwal

Kamlesh Kumar Mishra)

Advocate Drawn on :

Filed on : Place : New Delhi



CRIMINAL ORIGINAL JURISDICION




Versus


AFFIDAVIT

I, Barun Chandra Thakur S/o Late Srichandra Thakur, aged

37 years, R/o Road No.2, Shyamkunj, Near KIIT College, Bhondsi,

District Gurugram Haryana presently at New Delhi do hereby state

on solemn affirm as follows:

1 I am the petitioner herein and as such well acquainted with

the facts and circumstances of the case.

2 I have perused the contents of accompanying Writ Petition

filed under Article 32 of Constitution of India which have been

drafted by my counsel under my instructions and the

averments made therein are true and correct.

3 I say that the contents of accompanying CrlMPs are true and

correct.

4 I say that the annexures produced along with the writ petition

are true copies of its originals.


5. That the abovementioned facts are my true and correct

statement.

DEPONENT

VERIFICATION:

Verified at New Delhi on this day of September 2017 that

the contents of my above mentioned affidavit are true and correct to

the best of my knowledge and belief and nothing material has been

concealed therefrom and no part thereof is false and incorrect.

DEPONENT


seeking a CBI investigation of the present case,

seeking indulgence and intervention of this Hon’ble

Court for having addressed the concern of safety

and security of millions of students studying in

identically situated atmosphere in various

educational institutions spread all across the

country so that their innocence and smile remains

intact on their face while traveling from home to

school and school to home


INDEX

S NO PARTICULAR Page No of part to which it belongs

Remarks

Part I (Contents of paper book)

Part II (contents of file alone)

1 Cover page of paper book A1

2 Index of record of

proceeding

3 Limitation report prepared by the registry

4 Defect List

5 Note sheet NS

6 Synopsis & list of dates

7 Writ Petition with

affidavit

8 ANNEXURE P-1 A true copy of the photographs of the

school as well as the

injuries inflicted on the child

9 ANNEXURE P-2 Relevant contents of the

different newspaper articles showing

different incidents of

injuries caused to students studying in

different schools

10 ANNEXURE P-3 True copy of FIR No.250 u/s 302 IPC and 25 of

Arms Act dated

08.09.2017

11 I.A. NO. OF 2017

An application for exemption from filing official English translation

12 Filing Memo


FIRST INFORMATION REPORT

(Under Section 154 CrPC)

1 District- Gurugram P.S. Bhondsi Year 2017

FIR No.0250 Date & time of FIR 08.09.2017

15.33 hrs

2 Acts- 25 of Arms Act & 302 of IPC

3 (a) Occurrence of offence

Day-Friday Date from 08.09.17 Date to 08.09.2017

(b) Information received at PS- Date 8.9.17

Time 08.30 hours

(c) General Diary Ref Entry No.022

Date & time 08.09.2017 15.24 hours

4 Type of information- Written

5 Place of occurrence

(a) Direction & distance from PS- North 2 Kms

(b) Address- Ryan International School, Bhondsi

(c) In case, outside the limit of this PS, then name

of PS District State-

6 Complainant /informant

a. Name- Varun Chand Thakur

b. Father’s Name- Shri Chandra Thakur

c. Date year of birth-1.1.1975

d. Nationality- Indian

Address- Present Add- Gali No.2, Shyam Kunj,

Bhondsi, Gurugram, Haryana, India


7 Details of known/suspected/ unknown

accused with full particulars

8 Reasons for delay in reporting by the

complainant/ informant

9 Particulars of properties of interest

10 Total value of property

11 Inquest report/ UD Case No if any

12 FIR contents

It is stated that I Varun Chandra Thakur, S/o Shri

Chandra Thakur, Caste Brahmin Village Bada Village P.S.

Pandau District Madhubani, Bihar, Hall Road No.2, Shyam

Kunj Bhondsi, Gurgaon, aged 37 years, year 9582231303

that I am resident of above said address and married. I am

having one daughter Vidhi aged about 11 years and a

younger son named Pradhyumn Thakur aged about 7 years

who was studying in II Class, Section A in Ryan

International School, Bhondsi. Just like the other dates

today on 08.09.2017 I left my home at around 7.45 a.m.

along with both of my children with Vidhi and Pradhyumn, I

left them inside the school at about 8 a.m. and came back to

my home. At about 8.10 a.m. a phone call was received from

a landline no 0124-2266575 on my wife’s mobile no.

9899988594 who informed us to talk to Anju Dudeja

Madam. That I called on 9873884843 from my mobile


9582231303 and talk to Anju Dudeja who informed us that

throat of your son has been severally cut and much blood

has profuse. We are taking him to Badshahpur Hospital and

you also reach Badsahpur. After this information I

immediately left for Badshahpur along with my wife. In the

midway I got a call from Anju Dudeja Madam that they are

taking the child to Artemis hospital. We reached Artemis

Hospital my child was inside the emergency. I saw him and

found that there was a deep cut on the right hand side from

the ear to the throat and blood was all over him. The doctor

was standing there who told me that he has died. That my

son has been killed by some unknown persons by slitting

his throat, strict action should be taken against the accused

persons and justice be done to me and my complaint be

registered. I have got my statement written by you, I have

heard and read it and it is correct. Sd/- Barun Chandra

Thakur, Dated 08.09.2017, Mob. 9582231303. Police action

–Today a call has been received from Artemis Hospital,

Gurgaon that one boy namely Pradhyumn son of Varun

Chandra Thakur has died because of his throat being cut.

IO be sent for the proceedings. Upon the information being

received, I along with SI Bhim Singh No.3556 along with

Constable Devendra No.2770 reached Artemis Hospital,

Gurgaon where the doctor presented the death summary

and rukka of Pradhyumn Thakur son of Barun Chandra


Thakur resident of Gali No.2, Shyamkunj, Bhondsi, MLR

No.3697/AHI/2017 and the father of the deceased

Pradhyumn came before us got his statement recorded

which was written word to word and was read out and made

understood to him which he heard and after finding it

correct marked his signature in English on his statement

which I have verified. The statement recorded and the MLR

and the death summary has been found to be coming under

section 302 of IPC, 25, 54, 59 of Arms Act which be

registered and is being sent through Constable Bhim Singh

No.3556 to the Police Station. The special report be sent to

the Area Magistrate and the higher officials. FSL Crime

Team and dog squad be sent to the spot immediately. I, SI,

undertaking the proceedings u/s 174 CrPC. Today from

Artemis Hospital, Gurgaon, Sd/- Samsher Singh, PS

Bhondsi, dated 8.9.2017 at 2.20 p.m. Today on receipt of

the above mentioned case the case has been registered

under the above mentioned section and copy is prepared

and the special report has been sent by email id to the Area

Magistrate and the officers. Copy of the same is being sent

on to the crime spot for the investigation.

13 Action taken- Since the above information reveals

commission of offence u/s as mentioned at item no.2-

1 Registered the case and took up the investigation


2 Directed (Name of IO) Samsher Singh Rank- SI

3 Refused investigation due to –

4 Transferred to PS

on point of jurisdiction

FIR read over to complainant/ informant, admitted to be correctly

recorded and a copy given to complainant/ informant free of cost

ROAC

14 Signature /thumb impression of Sd/- Officer in charge

Complainant/informant Name- Narender Singh

Rank-Inspector

15 Date & time of dispatch to the court

True translated copy


LISTING PROFORMA

Section

Central Act: (Title): Constitution of India

Section: 32

Central Rule: (Title):

Rule Nos. N.A

State Act: (Title): N.A

Section: NA

State Rule: (Title):

Rules Nos: N.A.

Impugned / Interim Order: N.A.

(Date):

Impugned Final Order/ NA

Decree: (Date):

High Court: (Name): NA

Tribunal / Authority: (Name): N.A.

1. Nature of matter: Civil

2. (a). Petitioner/ Barun Chandra Thakur

Appellant No.

(b). e-mail ID: N.A.

(c). Mobile phone

number: N.A.

3. (a). Respondents Union of India & Ors

(b). e-mail ID: N.A.

(c). Mobile phone: N.A.

Number

4. (a). Main category: 17 (Civil)

Classification

(b). Sub calcification: 1708

5. Not to be listed before: N.A.

6. Similar / Pending matter: N.A.

7. CRIMINAL MATTERS: NA

(a). Whether accused / NA


convict has surrendered:

(b). FIR No. NA

(c). Police Station: NA

(d). Sentence Awarded: NA

(e). Sentence Undergone: NA

8. LAND ACQUISITION MATTERS: N.A.

(a). Date of Section 4 notification:

(b). Date of Section 6 notification :

(c). Date of Section 17 notification:

9. TAX MATTERS: State the tax effect:

10. SPECIAL CATEGORY (first Petitioner N.A.

/ Appellant only)

Senior citizen:

Above 65 years:

SC/ST:

Woman / Child:

Disabled:

Legal Aid case:

In custody:

11. Vehicle Number (in case of N.A.

Motor Accident Claim matters:

12. Decided cases with citation: N.A.

Date: .09.2017

AOR for petitioner(s)/appellant (s)

VENKATESWAR RAO ANUMOLU

Registration No. 1358



CIVIL ORIGINAL JURISDICTION

IA NO._______/2017

IN


IN THE MATTER OF:


Versus


AN APPLICATION FOR EXEMPTION FROM FILING OFFICIAL ENGLISH

TRANSLATION

To

The Hon’ble Chief Justice of India

and His Companion Justices of the

Supreme Court of India

The humble Civil Appeal of the Appellant

abovenamed

MOST RESPECTFULLY SHOWETH:

(1) That the present petition has been filed by the petitioner herein

invoking the extraordinary writ jurisdiction of this Hon’ble

Court seeking certain directions.

(2) That the annexure P-3 was originally in Hindi vernacular

which the petitioner got translated from the local advocate who is

well versed with both the languages i.e. English and Hindi due to

paucity of time.


(3) That in view of above petitioner be exempted from filing

official English translation of Annexure P-3 in the interest of

justice.

PRAYER

In the light of the aforesaid facts and circumstances, this Hon’ble Court

is therefore requested passing order or orders

(A)Exempt the petitioner from filing official English translation of

Annexure P-3 in the present writ petition.

(B) To pass any other order or order as this Hon’ble Court may

deem fit and proper in the present facts and circumstances of

the case.

Filed on 11.09.2017 Filed by

(VENKATESHWARA RAO ANUMOLU) ADVOCATE ON RECORD


Bar & Bench ()images.assettype.com/barandbench/import/2017/09/...against DPS World School in Greater...

Documents

Transcript of Bar & Bench ()images.assettype.com/barandbench/import/2017/09/...against DPS World School in Greater...