Draft Complaint for Lodging FIR against Noise Pollution

To,
The Officer in Charge
(Name & address of Police Station)
 

Sir,

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

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.

Despite the clear-cut provisions of this rule, the hotel/ club/ person/ organisation named (mention name) is using loudspeakers, not only without permission, but also at night for (mention purpose). This is a blatant violation of law.

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

(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.

1. Date, time and precise spot of taking reading:

2. Decibel value of sound measured:

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

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.

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.

It is further submitted that the punishment provided under section 15 of the Environment Protection Act is 5 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 cognisable offence, that being so, action accordingly may be taken.
 

REQUESTS: For the reasons cited above, the offences committed by the accused persons are cognizable and non bailable in terms of Schedule I(II) Cr.P.C. 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, may be registered at once and the FIR filed accordingly.

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

Yours faithfully,

SD/-

(Name)

Date, time, and address: