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DRAFT COMPLAINT FOR LODGING FIR FOR

NOISE POLLUTION DUE TO LOUDSPEAKERS:

To
The Officer in Charge

(Name & address of the Police Station)

 
Sir,

Request to lodge FIR regarding noise pollution due to use of loudspeakers and exceeding           maximum permissible dB levels, even during night hours, at ------------------situated at --------------(city & pincode)-----------.

1.         I, (name), (age), resident of (address) hereby make the following complaint           under section 154 of the Cr.P.C. with a request to lodge FIR without delay.

2.          Under the Noise Pollution (Regulation and Control) Rules, 2000, there is a ban           on the use of loudspeakers without police permission and that there can be      no use of loudspeakers between 10 PM to 6 AM. Therefore, the use of loudspeakers without permission during day time and between 10PM to 6AM in the night time even with permission violates this rule.

3.          Despite the clear-cut provisions of this rule, the person named ------------------          is/are using loudspeakers, not only without permission but also in the night time. This is a blatant violation of law.

4.          During the past........(Write number of days with date) I have myself witnessed           this blatant violation of law. There are many other persons who are a witneness to these infringements.

5.          (Write in case readings have been taken).

              It is also submitted that decibel readings by the instrument bearing the brand           name (write details of the brand of the instrument) for the ambient sound was taken around the places where loudspeaker was used and the following results were obtained.

6.      In view of the facts stated above the following offences have been committed:

          a)          Violation of Rule 5 and 6 of the Noise Pollution (Regulation and Control)           Rules, 2000 read with section 15 of the Environment Protection Act, 1986.

          b)          Since the violation of a Rule issued under the Environment Protection Act     has been made punishable under section 12 of the Environment Protection Act, 1986 and that the Noise Pollution (Regulation and Control) Rules 2000 have been made under the said Act, therefore, an offence under this statutory Act has been committed.

7.      It is further submitted that the punishment provided under section 15 of the           Environment Protection Act is 5 (five) years of imprisonment. Under Schedule I (II) of the Code of Criminal Procedure, in a law, other than the Indian Penal Code, if the punishment provided is three years or more, it gets classified as a non-bailable and a cognizable offence. That being so, action accordingly be taken.

8.          REQUESTS: For the reasons cited in the foregoing, the offences committed by      the accused persons are cognizable and non-bailable. As such, offences under section 15 of the Environment Protection Act, 1986 r/w Rule 5 and 6 of the Noise Pollution (Regulation and Control) Rules, 2000, r/with Sch I(II) of the Cr.P.C. may be registered at once and the FIR filed accordingly.

9.      A copy of the FIR filed in the matter may be given to me.

Yours truly,

sd/-                  

(Name)

Date, time, and address: