IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE II (NORTH WEST) : ROHINI COURTS: DELHI

IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE II (NORTH WEST) : ROHINI COURTS: DELHI Bail Application No. 6919/RC State Vs. Ankur Pathania FIR : Not Known PS : Mangolpuri U/S : Not Known 5.8.2014 Present: Ld. Addl. PP for the State. Sh. Jai Ram Garg, Advocate for the applicant / accused. Heard arguments on the application for grant of bail under Section 438 Cr.PC filed on behalf of the applicant / accused Ankur Pathania. I am informed by the Investigating Officer that neither there is any complaint nor any FIR against the applicant / accused in this case. In this background, I hereby direct that in case if the applicant is required for any interrogation, he may be called on a Notice under Section 160 Cr.PC. Further, in the eventuality of receipt of any complaint or registration of FIR or apprehension of arrest, a three working days notice be given to the applicant / accused Ankur Pathania on the address given on the bail application / official address of Ld. Counsel for the applicant / accused to enable him to avail his legal remedies. The application for grant of anticipatory bail is accordingly disposed off. (Dr. Kamini Lau) ASJ/NW II, Rohini/3.7.2014

FIR No. 201/10 PS: Adarsh Nagar State Vs. Vikas etc. 5.8.2014 Present: Ld. Addl. PP for the State. Accused Vikas is not responding to the calls. Accused Sonu @ Triveni on bail and all other accused in JC with Sh. Anwar Ahmed Khan and Sh. S. P. Yadav, Advocate. Additional statements under Section 313 Cr.PC of the accused Rakesh, Vinod, Pradeep, Sonu @ Triveni and Neeraj are recorded are recorded. They do not wish to examine any witness in defence. The Superintendent, Jail, Hisar has sent a request through ASI Raghubir Singh, Police Line Fatehabad, informing this court that the case against the accused Neeraj has been disposed off at Fatehabad and hence he may be kept in Jail at Delhi. The request is taken on record. The accused Neeraj S/o Jogender is directed to be kept in Delhi Jail forthwith. The accused Vikas Kataria is not present. Counsel states that as per his information he has been lifted by the officials of PS Nihal Vihar. Be awaited. (Dr. Kamini Lau) ASJ/NW II, Rohini/5.8.2014

3:30 PM Present: Ld. Addl. PP for the State. Accused Sonu @ Triveni on bail and all other accused in JC with Sh. Anwar Ahmed Khan and Sh. S. P. Yadav, Advocate. Accused Vikas is not responding to the repeated calls since morning. Sh. Anwar Ahmed Khan, Advocate for Vikas submits that as per his instructions received from the family of Vikas, he was lifted by the officials of Police Station Nihal Vihar. However, as per the information received from the Police Station Nihal Vihar the accused Vikas is not in their custody. In view of the above, issue NBWs against the accused Vikas Kataria and notice to his surety for next date and case be listed for appearance of Vikas and his additional statement on 15.9.2014. (Dr. Kamini Lau) ASJ/NW II, Rohini/5.8.2014

State Vs. Krishan Mishra etc. FIR 316/2012 PS Aman Vihar 5.8.2014 Present: Ld. Addl. PP for the State. Accused Krishan Mishra, Jitender and Aarti Dubey are present along with Sh. A. K. Sharma, Advocate. Accused Ashwani Gupta is not responding. Be awaited. (Dr. Kamini Lau) ASJ/NW II, Rohini/5.8.2014 3:30 PM Present: Ld. Addl. PP for the State. Accused Krishan Mishra, Jitender and Aarti Dubey are present along with Sh. A. K. Sharma, Advocate. At this stage, accused Ashwani Gupta has appeared. He has been suitably advised and told that in future no indulgence shall be given. Charge has already framed by the predecessor court. Be listed for entire prosecution evidence on 29.10.2014 along with cross case bearing FIR No. 315/12 Police Station Aman Vihar. All PWs be summoned through IO. (Dr. Kamini Lau) ASJ/NW II, Rohini/5.8.2014

State Vs. Sharvan Kumar FIR 44/2012 PS Bharat Nagar 5.8.2014 Present: Ld. Addl. PP for the State with IO / Inspector Jitender Singh. Accused on bail with Sh. Ashok Soni, Advocate. Heard arguments. Be listed for additional oral arguments and clarifications if any on 17.9.2014. (Dr. Kamini Lau) ASJ/NW II, Rohini/5.8.2014

State Vs. Ashish @ Nirmal FIR 125/2012 PS Swaroop Nagar 5.8.2014 Present: Ld. Addl. PP for the State. Accused Ashish in JC with Sh. R. S. Deshwal, Advocate. Accused Renu on bail with Sh. Kaushal Kaushik, Advocate. There is a request from the FSL, Gandhi Nagar, for another bone sample for conclusive report. IO submits that some bone pieces were received back from the FSL, Delhi which are still available and can be sent to FSL Gandhi Nagar for examination. Permission granted. Case be now listed for awaiting of the report from FSL Gandhi Nagar for 4.9.2014. At this stage, on request of Mr. Deshwal, the date is changed to 5.9.2014 and date of 4.9.2014 is hereby cancelled. (Dr. Kamini Lau) ASJ/NW II, Rohini/5.8.2014

State Vs. Anita etc. FIR 191/13 PS South Rohini 5.8.2014 Present: Ld. Addl. PP for the State with Inspector Naresh Malik and SI Nisha. Sh. Virender Singh, Advocate for applicant along with Ms. Jolly Vargeese from ASARAN Orphanage. Report has been received from the IO on the application filed on behalf of the Manager, ASARAN Orphanage for filing of status report of parents of the child Liana. I am not satisfied by the report filed by SI Rahul. Inspector Naresh Malik, SHO PS South Rohini is directed to personally make efforts to trace out the parents of the child Liana and file a status report within one week from today. Be listed for disposal of the application on 26.8.2014. (Dr. Kamini Lau) ASJ/NW II, Rohini/5.8.2014

State Vs. Amit FIR 23/2012 PS Kanjhawala 5.8.2014 File is taken up today on the application filed on behalf of the applicant / surety Prem Lata for return of FDR. Present: Ld. Addl. PP for the State. Applicant in person. As per the report received from the Dy. Superintendent, Jail concerned, the convict Amit had surrendered in the Jail on 23.06.2014 after completion of the period of interim bail so grated by the Delhi High Court. In this background, the application of the surety Prem Lata is hereby allowed and the FDR is permitted to returned after cancellation of endorsement if any, as per rules. The application is accordingly disposed off. (Dr. Kamini Lau) ASJ/NW II, Rohini/5.8.2014

State Vs. Virender etc. FIR 315/2012 PS Aman Vihar 5.8.2014 Present: Ld. Addl. PP for the State. All accused on bail with Sh. Ravi Soni, Advocate. PW1 W/Ct. Mamta Kumari, PW2 HC Rajesh Kumar, PW3 HC Anand Kumar, PW4 Ct. Hans Raj, PW5 HC Satender, PW6 HC Devender Kumar, PW7 HC Sukhdev Yadav, PW8 Arti Dubey, PW9 Jitender Kumar Pandey, PW10 Krishan Mishra, PW11 SI Sandeep Yadav, PW12 ASI Nand Kishore, PW13 Dr. M. Dass are examined and discharged. Be listed for statement of accused on 29.10.2014 along with cross case bearing FIR No. 316/12 Police Station Aman Vihar. (Dr. Kamini Lau) ASJ/NW II, Rohini/5.8.2014

FIR NO.315/12 PS AMAN VIHAR 05.08.14 PW 7 Statement of HC Sukhdev Yadav, No. 263, PCR,Outer Zone, Delhi. On SA On 16.10.12 I was posted in PCR, Outer Zone. On that day at about 7.20p.m. an information was received from Libra 1, (CPCR). I recorded the said information in my call book. The record regarding process is also mentioned in detail in the said Libra 1. The copy of record is Ex.PW7/A (collectively running into 3 pages). Original seen and returned. XXXXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. It is wrong to suggest that the record has been manipulated or that I am deposing falsely. RO & AC (Dr. Kamini Lau) ASJ II(NW)/5.08.2014

FIR No.315/12 PS AMAN VIHAR 05.08.14 PW 3 Statement of HC Anand Kumar, NO.2061, PIS No.28882102, PS Kanjhawala On SA On 16.10.2012 I was posted at PS Aman Vihar. On that day I was on duty from 8a.m.to 8 p.m. On receipt of DD no.40a I alongwith Ct. Hans Raj reached at RZ 276A, Karan Vihar, Part II, Delhi, there we came to know that the quarrel has taken place and the injured were removed to SGM hospital. Thereafter we went to SGM hospital where I collected the MLC of Jitender Pandey, Krishna Mishra and Arti Dubey. I recorded the statement of Smt. Arti Dubey which is Ex.PW3/A bearing the thumb impression of Smt. Arti Dubey at point A attested by me and bearing my signatures at point B. I prepared the rukka Ex.PW3/B bearing my signatures at point A and sent the same to the PS through Ct. Hans Raj. The further investigation of this case was handed over to ASI Nand Kishore who conducted the investigation. ASI Nand Kishore came in the hospital and met the aforesaid injured. Thereafter I along with ASI Nand Kishore, Arti Dubey, Krishna Mishra and Jitender reached at the spot. ASI Nand Kishore prepared the site plan at

the instance of Smt. Arti Dubey. The efforts were made to trace the accused persons but they could not be traced till then. Thereafter we came back to PS. On 17.10.12 at about 5.20p.m. I alongwith ASI Nand Kishore, Ct. Hans Raj left the PS for search of the accused persons and reached at A 243, Karan Vihar, Part II where the accused Ram Chander, his son Virender met us. At the same time complainant Arti Dubey also reached there. At the instance of complainant Smt. Arti Dubey the accused Ram Chander and his son Virender were arrested in this case. The accused Ram Chander was arrested in this case vide Ex.PW3/C bearing my signatures at point A. His personal search was conducted vide memo Ex.PW3/D bearing my signatures at point A. The accused Virender was arrested in this case vide memo Ex.PW3/E bearing my signatures at point A. his personal search was also conducted vide memo Ex.PW3/F bearing my signatures at point A. they were interrogated and their disclosure statements were got recorded. The disclosure statement of accused Ram Chander is Ex.PW3/G bearing my signatures at point A. The disclosure statement of accused Virender was recorded vide memo Ex.PW3/H bearing my signatures at point A. Thereafter the accused Ram Chander

brought us at the spot and IO ASI Nand Kishore prepared the memo of pointing out vide memo Ex.PW3/I bearing my signatures at point A. The accused Virender also brought us at the spot and the memo of pointing out was also prepared vide Ex.PW3/J bearing my signatures at point A. The accused Ram Chander brought us near Shamshan Ghat for getting the danda recovered but same could not be recovered. IO prepared the memo to this effect vide Ex.PW3/K bearing my signatures at point A. The accused Virender also brought us near Shamshan Ghat for getting the rod /saria recovered but same could not be recovered. IO prepared the memo to this effect vide Ex.PW3/L bearing my signatures at point A. My statement was recorded by the IO. I can identity the accused persons. At this stage, witness has correctly identified the accused Ram Chander and accused Virender by pointing out and also by their names XXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. Information had been received by us at about 7:20 PM and we reached the spot at about 7:40 PM in my private

motorcycle. When we reached the spot, large number of public persons were present. The victims were not present. Vol. we were told by public persons that they had gone to the hospital and were taken by the PCR van. I cannot tell the names of public persons who were present at the spot. When we first reached the spot, we did not know where the quarrel had taken place. The spot of incident was pointed out by Arti Dubey to ASI Nand Kishore later on. When we left the spot, ASI Nand Kishore did not leave any body at the spot to preserve the same. When we first reached the spot, we had come to know from the public persons that members of both the parties had received the injuries. We also came to know that even the rival party had gone to the hospital. Vol. later we came to know that they had gone to the hospital for their own. I recorded the statement of Arti Dubey in the hospital. The doctor was not made a witness. I did not obtain her fitness from the doctor. Vol. it was not required because I found her fit for statement. I tried to search for the injured of the rival party in the hospital but I did not find them. It is wrong to suggest that I deliberately did not tried to search for the injured of the rival party namely Narender and Virender who were also in the same hospital and went to RML hospital later. It is correct that the accused have also lodged a

complaint on the basis of which the FIR No. 316/12 was registered in PS Aman Vihar. I am also a witness in the said case as I have joined the investigations in that case also. It is wrong to suggest that accused had not made any disclosure statement. It is correct that no weapon of offence is recovered. It is wrong to suggest that I am making false statement regarding the involvement of the accused in the present case. RO & AC Lau) (Dr. Kamini ASJ II(NW)/5.08.2014 FIR No.:315/12 PS AMAN VIHAR 05.08.14 PW 12 Statement of ASI Nand Kishore, NO.4513/D, PIS No.

28790117, Special Branch, Hindu Section, Delhi Police Bhawan, Asaf Ali road, Delhi. On SA On 17.10.12 I was posted at PS Aman Vihar. On that day after registration of the case the further investigation was handed over to me. I received the copy of FIR and original rukka. I alongwith Ct. Hans Raj went to SGM hospital where three injured namely Arti Dubey, Krishan Mishra and Jitender Kumar met us in injured condition and HC Anand was also present in the hospital. After the medical examination of all the injured we came back to the spot. I prepared the site plan at the spot at the instance of complainant Smt. Arti Dubey vide Ex.PW12/A bearing my signatures at point A. I recorded the supplementary statements of Smt. Arti Dubey, the statement of Jitender and Krishan Mishra U/s 161 Cr.P.C. We made efforts to trace the accused person but they could not be traced till then and thereafter we came back to the PS. On the same day at about 5.30p.m. I alongwith HC Anand, Ct. Hans Raj went to the house of accused RamChander i.e. A 243, Karan Vihar, Part II, Delhi where he alongwith his son Virender met us. At the same time complainant Smt. Arti

Dubey also arrived there and had identified them as the assailants. The aforesaid Ram Chander and Virender were interrogated and arrested in this case. The accused Ram Chander was arrested in this case vide memo already Ex.PW3/C bearing my signatures at point C and bearing the signatures of accused Ram Chander at point D. his personal search was also conducted vide memo already Ex.PW3/D bearing my signatures at point C and bearing hi signatures at point D. The accused Virender was arrested in this case vide memo already Ex.PW3/E bearing my signatures at point C and bearing the signatures of accused Virender Yadav at point D. His personal search was also conducted vide memo already Ex.PW3/F bearing my signatures at point C and bearing the signatures of accused Virender Yadav at point D. Both the accused persons were interrogated. I recorded the disclosure statement of accused Ram Chander vide already Ex.PW3/G bearing my signatures at point B and bearing the signatures of accused Ram Chander at point C. The disclosure statement of accused Virender Yadav was recorded vide already Ex.PW3/H bearing my signatures at point B and bearing the signatures of accused Virender Yadav at point C. The accused Ram Chander and accused Virender Yadav brought us to the spot and pointed out

the spot of incident. I prepared the memos of pointing out vide already Ex.PW3/I and Ex.PW3/J respectively, both bearing my signatures at point B and bearing the signatures of accused Ram Chander and Virender Yadav at point C on respective memos. Thereafter the accused Ram Chander brought us near Shamshan Ghat and pointed out the place where he had thrown the danda. The efforts were made to trace the said danda but the same could not be traced. I prepared the memo to this effect vide already Ex.PW3/K bearing my signatures at point B and bearing the signatures of accused Ram Chander at point C. Thereafter the accused Virender brought us near Shamshan Ghat and pointed out the place where he had thrown the rod. The efforts were made to trace the said rod but the same could not be traced. I prepared the memo to this effect vide already Ex.PW3/L bearing my signatures at point B and bearing the signatures of accused Virender at point C. Both the accused persons were sent to lockup. I recorded the statement of witnesses U/s 161 Cr.P.C. Both the accused persons were got sent to JC. I obtained the result on the MLCs of the injured. On 19.12.12 I alongwith Ct. Devender left the PS at about 5.30p.m.for the search of remaining accused persons. Firstly we went to the house of Smt. Arti Dubey. She was taken

with us and went to the house of Suresh Dabla at RZ 50, Gali No.2, Karan Vihar,Part II, Kirari Extension Delhi where Suresh Dabla met us. He was duly identified by the complainant Smt. Arti Dubey as the assailant. On her identification accused Suresh Dabla was interrogated and arrested in this case vide memo already Ex.PW6/A bearing my signatures at point C and bearing the signatures of accused Suresh Dabla at point D. His personal search was also got conducted vide memo already Ex.PW6/B bearing my signatures at point C and bearing the signatures of Suresh Dabla at point D. His disclosure statement was also recorded vide memo already Ex.PW6/C bearing my signatures at point C and bearing the signatures of accused Suresh Dabla at point D. The accused Suresh Dabla also took us to the spot and I prepared the memo of pointing out vide already Ex.PW6/D bearing my signatures at point C and bearing the signatures of accused Suresh Dabla at point D. I recorded the supplementary statement of complainant Smt. Arti Dubey and Ct. Devender. The accused Suresh Dabla was sent to lockup. I was transfered from the PS therefore I handed over the case file to MHC(R). I can identify the accused persons if shown to me. At this stage the witness has seen towards the accused

persons namely Virender, Ram Chander and Suresh Dabla and correctly identified them. XXXXXXXXby Sh.Ravi Soni Ld. Counsel for all the accused persons. The incident had taken place at around 7 PM but I received the information at about 1 AM(midnight) after which I reached the SGM hospital along with Ct. Hans Raj. I did not go to the spot. Vol. I had straight gone to the SGM hospital. HC Anand was the first person to reach the spot and HC Anand who had recorded the statement of Arti Dubey on the basis of which FIR was registered. Vol. the investigations were handed over to me after the registration of the FIR. It is correct that a cross case has been registered on the same incident bearing No. 316/12, PS Aman Vihar. The spot of incident was pointed out by Arti Dubey to me and I had prepared the site plan at around 2:30 AM. I cannot tell whether the cross FIR in respect of the same incident had already been registered by that time or not. It is correct that both the parties are into a heavy civil and criminal litigations on account of property disputes. It is correct that local police has been frequenting the place on account of the quarrels between the parties. It is correct that no exhibits were lifted from the spot of the incident or sen to FSL. It is correct

that no weapon of offence including kinfe, danda or saria was recovered. It is correct that the other party had also received injuries but I did not know from where they were receiving treatment. I had tried to search for the injured of the rival party in the hospital but I did not find them. It is wrong to suggest that I deliberately did not tried to search for the injured of the rival party namely Narender and Virender who were also in the same hospital and went to RML hospital later. It is wrong to suggest that accused had not made any disclosure statement. It is wrong to suggest that I have recorded the disclosure statement of the accused of my own and only obtained their signatures on blank papers. It is correct that on the complaint filed by Ram Chander U/s 156(3) Cr. P.C. an FIR has been directed to be registered by the Ld. MM after I had filed the report in the said case. It is wrong to suggest that the report filed by me in the said case was in connivance with the complainant Arti Dubey. I am not aware if I had been cited as a accused in the complaint U/s 156(3) Cr. P.C. pending before Ld. MM. It is correct that the cross FIR bearing No. 156(3) Cr. P.C. was registered. Vol. I am not IO in the said case. It is wrong to suggest that Suresh Dabla and Kapil Dabla were not present at the spot and they

have been named in the present FIR on the asking of Arti Dubey only because Suresh Dabla has filed a complaint against her before Ld. MM under the provisions of SC/ST(POA) Act. It is wrong to suggest that I am making false statement regarding the involvement of the accused in the present case. RO & AC (Dr. Kamini Lau) II(NW)/05.08.2014 ASJ FIR NO.315/12 PS AMAN VIHAR 05.08.14 PW 11 Statement of SI Sandeep Yadav, No. D 4166, PIS No. 16080131, District Line, Outer District, Delhi. On SA On 23.05.13 I was posted at PS Aman Vihar. On that day I recorded the supplementary statement of Smt. Arti Dubey in which she had given the name of son of Suresh Dabla as Kapil Dabla. Thereafter I raised the premises of co accused Nagender

@ Narender and Kapil Dabla but they could not be traced. On 13.11.13 the accused Nagender @ Narender got anticipatory bail from Ld. Sessions Court. I formally arrested him in this case vide memo Ex.PW11/A bearing my signatures at point A and bearing the signatures of Nagender @ Narender at point B. On 20.01.2014 the co accused Kapil Dabla also got anticipatory bail from Ld. Sessions Court, therefore I formally arrested him on 28.01.14 in the presence of one Kalika Prasad vide memo Ex.PW11/B bearing my signatures at point A, bearing the signatures of Kalika Prasad at point B and bearing the signatures of accused Kapil Dabla at point C. Thereafter I had filed the charge sheet in this case against all the accused persons. I can identify the accused Kapil Dabla and Nagender @ Narender if shown to me. At this stage witness has seen towards both accused persons and had correctly identified them. XXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. It is correct that cross case on the same incident was registered vide FIR No. 316/12 PS Aman Vihar, U/s 323/324/341 IPC. I have not participated in the investigations

of the cross case nor I am a witness in the said case. I have not done any investigations in the present case except for the formal arrest of the accused Narender and Kapil who were on anticipatory bail after which I prepared the charge sheet and filed the same. It is wrong to suggest that I have prepared the charge sheet in a routine manner without application of mind. RO & AC (Dr. Kamini Lau) ASJ II(NW)/5.08.2014 FIR NO.315/12 PS AMAN VIHAR 05.08.2014 PW10 Statement of Sh. Krishan Mishra S/o Sh. Ravinder Mishra, Age 42 yrs. R/o Village Chawai, District Shivan, PS Meergung, Bihar. On SA I am residing at the aforesaid address. On 14.10.12 I had come from my village to meet my Jijaji Sh. Jitender Kumar

who is residing at B 177, Gali No.11, Karan Vihar, Part II, Delhi. The sister of Sh. Jitender Pandey resides at RZ 276, Karan Vihar, Part II, Delhi. She used to do the business of making boxes of sweets at the aforesaid address. On 16.10.12 at about 7p.m. It was Tuesday and it was the first day of Deshara. I was present with my brother in law (Jijaji )Sh. Jitender Kumar. At the same time we heard the shor sharaba from the factory of Smt. Arti Dubey. Thereafter I alongwith Sh. Jitender Kumar went to the factory of Smt. Arti Dubey. I found that Suresh Dabla was having a knife in his hand, the accused Ram Chander was having lathi in his hand. The son of Ram Chander namely Virender was having a saria in his hand and they all were beating Smt. Arti Dubey with the aforesaid objects, as a result the blood was oozing out from the hand, forehead and from near left eye. When we reached there they started running away. At the same time the son of Ram Chander namely Nagender @ Narender and the son of Suresh Dabla namely Kapil Dabla came with saria and danda respectively. The name of their sons were known to me later on. They all entered in the factory and started beating Sh. Jitender Pandey, Smt. Arti Dubey and me also. I sustained injuries on my head. Some public person called the police by making call at no.100. The

PCR came to the spot and I alongwith Jitender Kumar and Arti Dubey were taken to SGM hospital there our treatment was done. I can identify the accused persons if shown to me. At this stage the witness has seen towards the accused persons and correctly identified them. XXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. I am permanent resident of district Siwan, Bihar and I am a agriculturist by profession. Arti Dubey is the sister of my brother in law/jijaji. I had also received injuries in the incident. I had reached SGM hospital at around 8 PM. Vol. I was taken there by the PCR van. I was taken to the hospital along with Jitender Kumar Pandey and Arti Dubey in the same PCR. The party was not known to me previously except Ram Chander whom I had seen previously during my earlier visits in Delhi. I cannot tell when the other party was taken to the hospital. Vol. it was later that they had gone to the hospital as I had seen them later on in the hospital. The house of my Jijaji is situated about three houses away from the factory of Arti Dubey. Vol. the constructions are

small houses. I am not aware of any previous litigation between Arti Dubey and Ram Chander and various courts. It is wrong to suggest that Arti Dubey being my the sister of my brother in law/jija I am deposing falsely on her tutoring. It is wrong to suggest that I along with Arti Dubey and other family members were the first assailants or that it was we who inflicted injuries on the accused and then to save ourselves from penal consequence made a complaint to the police. I did not sign any documents nor any document was prepared in my presence. My statement was recorded on the date of incident. It is correct that I am also an accused in the cross case bearing No. 316/12 Police Station Aman Vihar. It is wrong to suggest that I am deposing falsely. RO & AC (Dr. Kamini Lau) ASJ II(NW)/05.08.2014

FIR NO.315/12 PS AMAN VIHAR 5.08.14 PW 9 Statement of Sh. Jitender Kumar Pandey S/o Sh. Sampat Pandey, Age 37 years. R/o B 177, Gali No.11, Karan Vihar, Part II, Delhi. On SA I am residing at the aforesaid address. Smt. Arti Dubey is my sister who resides at RZ 276A, Karan Vihar, Part II, Delhi and used to run the business of making boxes of sweets at the aforesaid address. Krishan Mishra is my brother in law who had come to Delhi to meet us. On 16.10.12 my sister Arti Dueby was present in the aforesaid factory and at about 7p.m. I heard the shor sharaba from the factory of my sister Smt. Arti

Dubey. I alongwith my brother in law Sh. Krishan Mishra rushed to the house of my sister Smt. Arti Dubey. On reaching there we found the accused Suresh Dabla with a knife in his hand. The accused Ram Chander was having danda in his hand. The son of accused Ram Chander namely Virender was having iron rod in his hand. They were given beating to my sister Smt. Arti Dubey as a result the blood was oozing out from her hand and from the forehead i.e over the left eye. On our reaching there the aforesaid accused persons also started beating me and my brother in law Krishan Mishra and they ran away at that time. At the same time they again came alongwith the son of Suresh Dabla (who was not know to me at that time but his name was later on known to me as Kapil Dabla) and Nagender @ Narender. The accused Kapil Dabla was having danda in his hand and the accused Narender @ Nagender was having iron rod in his hand. They started beating my brother in law Krishan Mishra mercilessly. A large number of public persons gathered there. Someone from the crowd made call at no.100. PCR came to the spot and we were taken to SGM hospital by the PCR. My statement was recorded by the police in the hospital. I can identify the accused persons if shown to me. At this stage the witness has seen towards the accused

person and had correctly identified them by name and by their faces. XXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. I am residing in Delhi for the last 22 years and I am residing at the given address for the last 12 years. I am into private job. Vol. I am doing the work of ticketing in the travel agency situated at South extension. Sunday is my off. I leave my office at 9:30 AM and reached back at around 7:30 8PM. I had also received injuries in the incident. I had reached SGM hospital at around 11 PM. Vol. I was taken there by the PCR van. I was taken to the hospital along with Krishna Mishra and Arti Dubey in the same PCR. I cannot tell when the other party was taken to the hospital but it was later. Vol. we had met them in the hospital later. Virender had received injuries but I did not see any injuries on the body of Narender. My house is situated about three houses away from the factory of Arti Dubey bearing No. RZ 276A. Vol. it is about three houses away from the factory where the incident had taken place. It is correct and I am also aware that there are previous litigations between Arti Dubey and Ram Chander and various courts. Vol. I am not a party to the same but I am aware

of it. It is wrong to suggest that Arti Dubey being my sister I am deposing falsely on her tutoring. It is wrong to suggest that I along with Arti Dubey and other family members were the first assailants or that it was we who inflicted injuries on the accused and then to save ourselves from penal consequence made a complaint to the police. It is correct that even previously police had come to the spot on account of the quarrel between Arti Dubey and Ram Chander and others. I did not sign any documents nor any document was prepared in my presence. My statement was recorded on the date of incident. Vol perhaps on the intervening night. RO & AC (Dr. Kamini Lau) ASJ II(NW)/05.08.2014

FIR NO.315/12 PS AMAN VIHAR 05.08.14 PW 8: Statement of Smt. Arti Dubey W/o Sh. Subhash Chander, Age 40 yrs. R/o RZ 276A, Karan Vihar, Part II, Delhi. On SA I am residing at the aforesaid address. I am having the business of making box for sweets and used to run this business at my aforesaid address. On 16.10.12 I was present at my factory alongwith our employees Anil and Jitender. We all were making boxes. At about 7p.m. the accused Ram Chander, his son, Suresh Kumar Dabla came at our said factory. Suresh Dabla was having knife in his hand, Ram Chander was having danda in his hand and accused Virender was having iron rod in his hand. First the accused Virender had threw my pooja thali. Accused Suresh Dabla had given knife blow on my hand and my forehead and other part of my body. I raised alarm on which

my brother Jitender Kumar Pandey and his brother in law Krishan Mishra came to save us. The accused Suresh Dabla, Ram Chander and his son Virender ran away from the spot. At the same time the aforesaid persons alongwith Narender @ Nagender and Kapil Dabla also came there. The accused Narender @ Nagender was having saria in his hand, and accused Kapil Dabla was having danda in his hand. They all started beating my brother Jitender, as a result he sustained injuries on his head and also given danda blow and saria blow on the head of Krishan Mishra. A large number of public persons gathered there. I knew all the accused persons as they are residing in the same vicinity in which I was residing. Someone made a call at no.100. PCR came at our residence cum factory and took us to SGM Hospital. The police official from the PS also met us in the hospital where my statement was recorded which is already Ex.PW3/A bearing my signatures at point A. After coming from the hospital I had shown the spot to the police and IO prepared the site plan at my instance. The accused Virender was arrested in this case at my instance vide memo already Ex.PW3/E bearing my signatures at point B. The document Ex.PW3/F was also prepared bearing my signatures at point D.

After about two months after the incident the police officials came to my house and made inquiries regarding the incident. On that day I alongwith the police officials went to the house of Suresh Dabla. He was apprehended at my instance by the police. Accused Suresh Dabla was arrested in this case vide memo already Ex.PW6/A bearing my signatures at point A. The document Ex.PW6/B was also prepared by the IO bears my signatures at point B. The disclosure statement of accused Suresh Dabla was recorded vide memo already Ex.PW6/C bearing my signatures at point B. The accused Suresh Dabla also took us to the spot with the police and the IO prepared the document already Ex.PW6/D bearing my signatures at point D. The accused Ram Chander was arrested at my instance vide memo already Ex.PW3/C bearing my signatures at point D. His personal search was also conducted vide memo already Ex.PW3/D bearing my signatures at point B. I can identify the accused persons if shown to me. At this stage the witness has seen towards the accused person and had correctly identified them by name and by their faces.

XXXXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. I have voter election card regarding the address proof of RZ 276A, Karan Vihar Part II, Delhi. It is correct that prior to this voter ID card, I was having another election ID card of RZ 182, Karan Vihar Part II, Delhi. Vol. the same was lost and I have got prepared the fresh one after registering the FIR in respect of lost of said voter ID Card and I have submitted the copy of FIR at the time of preparation of fresh ID Card. It is wrong to suggest that I have made two voter ID cards from two different addresses. Vol. one was made first from the old number i.e. RZ 182 and later the second voter ID card was made on RZ 276A after getting the first voter ID card canceled. It is correct that I am an accused in FIR No. 92/12, PS Aman Vihar U/s 420/468 IPC pending in the court of Sh. Susheel Anuj Tyagi. It is correct that civil litigations are also pending between me and the accused Ram Chander in which Ram Chander has filed a suit for possession against me. I am not aware if a complaint U/s 156(3) Cr. P.C. has been filed by Suresh Dhabla (accused in the present case) for offences under the SC/ST (POA) Act. It is correct that I have also filed a case U/s 138 NI Act against accused Ram Chander. I am not aware

if another complaint U/s 156(3) Cr. P.C. has been filed by Ram Chander for theft of the cheque in respect of which I have filed a case U/s 138 NI Act. It is correct that I was working with Ram Chander in a factory. Vol. we were in a partnership. It is correct that Ram Chander was the owner of the property where the factory was situated. It is correct that the date of the incident was a Tuesday. It is wrong to suggest that on that day Virender had gone to the halwai shop situated next to Pallu Kiryana wala shop to purchase sweets. Vol. there is no rasta to reach to the said halwai shop from infront of my house and the said shop can be directly accessed from the house of Virender. It is correct that house No. RZ 182 is situated in front of house No. RZ 276A which is my house. Vol. RZ 182 is also my house. I cannot tell who made the 100 number call to the police. Vol. I was injured at that time. My statement was first recorded in the hospital and I think on one other occasion in the police station. Vol. I was called in the PS and interrogated. Apart from recording my statement, the police had also arrested the accused in my presence. The name of the son of Suresh Dabla was not known to me previously. Vol. I came to know that his name was Kapil Dabla much later. It is wrong to

suggest that all the machines in my factory belong to Ram Chander. It is correct that the dispute between me and Ram Chander is on the ownership of these machines. It is wrong to suggest that I am having in habit of creating the disputes and lodging false complaints against Virender, Ram Chander, Suresh Dabla, Kapil Dabla being into litigations against them. It is wrong to suggest that the incident which took place on 16.10.2012 was my creation and on my instigation. It is correct that even Narender and Virender were injured in the incident. It is wrong to suggest that I and my family were the first assailants. It is wrong to suggest that no disclosure statement was made by the accused persons in my presence or that I merely signed the documents prepared by the IO on his asking while sitting in the PS. It is correct that the cross case has been registered in respect of the same incident against me and my other family members. It is wrong to suggest that I am deposing falsely only to save myself from penal consequences. RO & AC (Dr. Kamini Lau) ASJ II(NW)/05.08.2014

FIR No.: 315/12 PS : AMAN VIHAR 05.08.14 PW :6: Statement of HC Devender Kumar, No.1961/OD, PIS No. 28862923, PS Aman Vihar. On SA On 19.12.12 I was posted at PS Aman Vihar. On that day I alongwith ASI Nand Kishore reached at the house of Smt. Arti Dubey and made inquiries regarding the incident. Thereafter we alongwith Smt. Arti Dubey went to the house of Suresh Dabla where he met us. At the instance of Smt. Arti Dubey the accused Suresh Dabla was apprehended and arrested. The accused Suresh Dabla was arrested in this case vide Ex.PW6/A bearing my signatures at point A, his personal search was also conducted vide memo Ex.PW6/B bearing my signatures at point A. He was interrogated and his disclosure statement was recorded vide Ex.PW6/C bearing my signatures at point A. Thereafter the accused Suresh Dabla took us at the house of Smt. Arti Dubey and pointed out the spot. IO prepared memo to this effect vide Ex.PW6/D bearing my signatures at point A. My statement was recorded. I can identify the accused

Suresh Dabla if shown to me. At this stage witness has seen towards the accused Suresh Dabla and correctly identified him by name and by face. XXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. It is correct that when the accused were arrested, they offer no resistance. It is wrong to suggest that no disclosure statement was made by the accused vide Ex.PW6/C or that the same was recorded by the IO of his own or that I am deposing falsely at the instance of IO. RO & AC Lau) (Dr. Kamini ASJ II(NW)/05.08.2014

FIR NO.315/12 PS AMAN VIHAR 05.08.14 PW :5: Statement of HC Satender, No. 744, Security, Viney Marg, Delhi. On SA On 16.10.12 I was posted at PS Aman Vihar as Duty Officer from 4 p.m. to 12 night. On that day at about 7.20p.m. I received an information regarding quarrel from Control Room, Outer District. I recorded this information vide DD No.40A which is Ex.PW5/A. (original rojnamcha seen and returned). XXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. Nil. Opportunity given. RO & AC (Dr. Kamini Lau) ASJ II(NW)/05.08.2014

FIR NO.315/12 PS AMAN VIHAR PW :4: Statement of Ct. Hans Raj, No. 1217/OD, PIS No. 28081048, PS Samaipur Badli. On SA On 16.10.12 I was posted at PS Aman Vihar. On that day on the receipt of DD No. 20A I alongwith HC Anand Kumar reached at the spot i.e. RZ 276A, Karan Vihar, Part II, Delhi where we came to know that the PCR took the injured to SGM hospital. Thereafter I alongwith HC Anand Kumar went to SGM hospital where HC Anand had collected the MLC of injured. HC Anand had recorded the statement of Smt. Arti Dubey and prepared a rukka and handed over the same to me. I took the same to PS and handed over the same to the Duty Officer. The Duty Officer got the case registered and handed over to me the copy of FIR and original rukka and I further handed over the same to ASI Nand Kishore. ASI Nand Kishore had prepared the site plan at the spot at the instance of Smt. Arti Dubey. My statement was recorded. XXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. We had left the information at about 7:20 PM and

after 15 20 minutes we reached the spot in the private motorcycle of HC Anand. When we reached the spot, not many public persons were present. Vol. very few persons were present and we were told that the victims were shifted to the hospital by the PCR. I cannot tell the names of public persons who were present at the spot. When we left the spot, ASI Nand Kishore did not leave any body at the spot to preserve the same and I had also accompanied the IO to the hospital. It was in the hospital that I came to know that both the quarreling parties had received injuries and were under treatment. In my presence Narender and Virender did not meet ASI Nand Kishore or HC Anand in the SGM hospital. The statement of Arti Dubey was not recorded in my presence. Vol. the statement was handed over to me. It is correct that the accused have also lodged a complaint on the basis of which the FIR No. 316/12 was registered in PS Aman Vihar. I am not an witness in the said case. It is wrong to suggest that no site plan was prepared in my presence. It is wrong to suggest that I am making false statement regarding the involvement of the accused in the present case. RO & AC (Dr. Kamini Lau) ASJ II(NW)/05.08.2014

FIR No. 315/12 PS : Aman Vihar PW : 1 : W/Ct. Mamta Kumari, No. 132/Airport, PIS No. 28062558, PS IGI Airport. On S. A. I tender my examination in chief by way of affidavit, which is Ex.PW1/1 bearing my signatures at point A and B. I rely upon PCR form vide CR DD No. 16 Oct121390441 Ext. No.139, which is Ex.PW1/A. XXXXXX by Sh.Ravi Soni, Ld. Counsel for all the accused persons. instance of IO. It is wrong to suggest that I am deposing falsely at the RO & AC (Dr. KAMINI LAU) ASJ II/NW/ROHINI 05.08.2014

FIR No. 315/12 PS : Aman Vihar PW : 2 : HC Rajesh Kumar, No. 374/OD, PIS No. 28824509, PS Shahbad Dairy. On S. A. I tender my examination in chief by way of affidavit, which is Ex.PW2/1 bearing my signatures at point A. I rely upon copy of FIR which is Ex.PW2/A bearing my signatures at point A, endorsement on rukka which is Ex.PW2/B bearing my signatures at point A and DD No. 4A, copy of which is Ex.PW2/C (Original FIR and original DD entry seen and returned). XXXXXX by Sh. Ravi Soni, Ld. Counsel for all the accused persons. It is wrong to suggest that the FIR is ante dated and ante timed on the directions of the IO. RO & AC (Dr. KAMINI LAU) ASJ II/NW/ROHINI 05.08.2014