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IN THE COURT OF CHIEF JUDICIAL MAGISTRATE
MATHURA
APPLICATION NO. YEAR 2022
Olena Kochanova W/o Sabadyr R/o 517, Shri Vrindavan Dham

Building, Radha Tila, Raman Reti, Vrindavan……………..Applicant
Versus
Volodymyr Sabadyr S/o Vvladymyr Sabadyr age about 53 R/o

Rasamrita Kunj, Gaur Nagar, Mayapur, Nabadeep, West
Bengal………………………………………………………...Accused
FIR No. – 434/2022
Section – 377, 494 IP
P. Station – Vrindaban
APPLICATION UNDER SECTION 156(3) OF CrPc, FOR

MONITORING OF INVESTIGATION IN FIR NO.434/22,
UNDER SECTION 377I.P.C, PS VRINDAVAN, MATHURA
1. That the right to fair, effective and speedy investigation is

backbone of rule of law guaranteed under Article 21 of the
Constitution of India
2. That the applicant got married to the Accuse in the year 2000
by Hindu Rituals and have two children from him namely son
Seviyatoslave Sabadyr aged about 10 years and daughter
Savitlana Sabadyr aged about 20 years. That soon after the
birth of her son in 2012 the accuse started to mentally and
physically harass the applicant, That on 25/09/2018 the
Applicant filed FIR No. 423/18 was filed U/s 120b, 307, 498A
IPC at Thana Nabadeep, West Bengal for attempting to
murder. That soon after the FIR the Accuse started to
manipulate the applicant and told her that her family will be
destroyed and that he will never make this mistake again and
will also keep the applicant happily at her matrimonial house,
the applicant for the future of her minor children made
compromise in the cases filed by her. That in the end of year
2019 the Accuse started the same behaviour again and was
physically abusive to the applicant, the Accuse then told the
applicant to go live for some time with her relatives in
Vrindavan, Mathura, the accuse promised to bring the
applicant back soon, That in Jan 2020 the applicant came to
Vrindavan to her Relative, that the accuse was regularly
coming to vrindavan since then and was forcing Unnatural sex
on the Applicant in harsh and inhuman manner, that on Date
01/02/2022 at around 8:00 AM, the Accuse came to see the
applicant at her address Flat 517, Shri Vrindavan Dham
Building, Radha TIla, Raman Reti, Vrindavan, Mathura, and
again forced unnatural sex at the Applicant by the which
Applicant even started to bleed, this time when the applicant
requested the accuse to take her back to the children and to her
house then out of anger the Accuse told the applicant that she
is no more his wife and that the Accuse has already taken a Ex-
Party divorce from her from a Ukranian Court and that has got
married again and that he did all this in order to take revenge
from her for filing case on him.
3. That the Applicant submitted all the evidence including ex-

party divorce order of the Ukranian Court as well as the
marriage certificate issued by Indian Authority of her husband
with the new women to the Senior Superintendent of Police,
Mathura and a investigation was initiated.
4. That during the Preliminary Investigation on the complaint
submitted to the SSP, Mathura, and the Investigating Officer
came in contact with the Accuse and in order to get some
inducement from the Accuse the Investigating officer reduced
criminal sections i.e 420,467,468,471 IPC from the FIR 434/22
even when it had the content as well as documentary evidences
for it.
5. That the FIR No. 434/22 was filed on date 29/08/2022 and till
date the statement of 164(a)(5a) CrPc before the Magistrate
has not been conducted by the Investigating Officer whereas
the investigating officer is responsible to conduct the
proceeding of section 154(1)(c) , he has not done it even when
the applicant is constantly visiting the Police Station.
6. That this is an attempt of the investigating authority to provide
a window for the accuse to run away from the process of law.
7. That the investigation must be fair and effective and must
proceed in the right direction in consonance with the
ingredients of the offence. Proper and fair investigation on the
part of Investigating Officer is the back bone of rule of law.
The investigation cannot be haphazard or unmethodical.
8. That the directions for monitoring of the investigation can be
issued where there has been complete failure of justice and in
the present case the IO has been found to have not performed
the role in the manner it was expected to do.
9. That the Hon’ble Supreme Court in Sakri vasu Versus State
of U.P 2008 1 SCC Cri. 440 Held: That even if an FIR has
been registered and even if the police has made the
investigation, or is actually making the investigation, which the
aggrieved person feels not proper, such person can approach
the Magistrate under section 156(3) Cr.PC and if the
magistrate is satisfied he can order for proper investigation and
take other suitable steps and pass such orders as he thinks
necessary for ensuring a proper investigation. All these powers
a Magistrate enjoy U/s 156(3) Cr.PC.
10.That in case XYZ Versus State of Madhya Pradesh & Ors
SLP(Crl) No 1674 of 2022, the Hon’ble Supreme Court of
India said that the Judicial Magistrates shall be extra vigilant in
matters related to sexual offences/ sexual abuse against
women.
11. That the Applicant has already moved application before the
Senior Superintendent of Police, Mathura but no action has
been taken by him in this regards.
PRAYER
It is, therefore, most respectfully prayed that keeping is view of the
facts and circumstances as mentioned above this Hon’ble Court, may
please to monitor the investigation of this FIR, personal appearance of
the Investigating Officer may be secured as well as Status report for
the same may be called or any other order(s) which this Hon’ble court
may think fit and proper in the interest of justice.
Dated: 08/09/2022
Applicant
Olena Kochanova W/o

Sabadyr R/o 517, Shri
Vrindavan Dham
Building, Radha Tila,
Raman Reti, Vrindavan

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IN THE COURT OF CHIEF JUDICIAL MAGISTRATE

APPLICATION NO. YEAR 2022

Olena Kochanova W/o Sabadyr R/o 517, Shri Vrindavan Dham

Volodymyr Sabadyr S/o Vvladymyr Sabadyr age about 53 R/o

FIR No. – 434/2022

Section – 377, 494 IP

APPLICATION UNDER SECTION 156(3) OF CrPc, FOR

1. That the right to fair, effective and speedy investigation is

3. That the Applicant submitted all the evidence including ex-

Olena Kochanova W/o

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