Drafting, Pleading & Conveyance

Of Law School,
Banaras Hindu University, Varanasi.

Sessession:2016-17

Under the guidance of

Dr. K. Brijwal

Submitted by
ShikshaBhagat
Roll Number: 61
B.A. LL.B. (Hons.)
VI Semester
Batch: 2014-19

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ACKNOWLEDGEMENT

This project would not have been possible without the kind support and help of many people. I

would like to extend my sincere thanks to all of them.

I am highly indebted to Dr. K. Brijwalfor his guidance and constant supervision as well as for

providing necessary information regarding the project.

I would like to express my gratitude towards my parents and friends for their moral support and

co-ordination throughout the project.

I would like to express my special gratitude and thanks to all the people who have willingly

helped me out with their abilities and gave me such attention and time.

And of the almighty who is always there to hold our hands and inculcate strength and belief in

ourselves.

- Thank You

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CONTENTS

PLAINT .................................................................................................................................... 4

WRITTEN STATEMENT ........................................................................................................ 7

INTERLOCUTORY APPLICATION.................................................................................... 11

EXECUTION PETITION ...................................................................................................... 13

AFFIDAVIT ........................................................................................................................... 15

MEMORANDUM OF APPEAL ............................................................................................ 17

WRIT PETITION UNDER ARTICLE 226 ........................................................................... 20

WRIT PETITION UNDER ARTICLE 32 ............................................................................. 24

CRIMINAL COMPLAINT .................................................................................................... 28

CRIMINAL MISCELLANEOUS PETITION ....................................................................... 31

BAIL APPLICATION ............................................................................................................ 33

AFFIDAVIT IN SUPPORT ................................................................................................... 37

ANTICIPATORY BAIL ........................................................................................................ 38

CRIMINAL APPEAL ............................................................................................................ 41

REVISION APPLICATION .................................................................................................. 43

FIRST INFORMATION REPORT ........................................................................................ 45

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PLAINT
Section 26 of C.P.C. stipulates that every suit shall be instituted by the presentation of a
plaint or in such other manner as may be prescribed.

Order VII: Rule 1, prescribes the essentials or particulars of the plaint

A plaint is a statement of claim, a document by presentation of which the suit is instituted. Its
object is to state the grounds upon which the assistance of the Court is sought by the plaintiff.

(a) The name of the plaintiff,

(b) The name, description and place of residence of the plaintiff,

(c) The name, description and place of residence of the defendant,

(d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement
to that effect, Judicial Officers’ Examination Course Material

(e) The facts constituting the cause of action and when it arose,

(f) The facts showing that the Court has jurisdiction,

(g) The relief which the plaintiff claims,

(h) Where the plaintiff has allowed to set off or relinquished a portion of his claim, the
amount so allowed or relinquished, and

(i) A statement of the value of the subject matter of the suit for the purpose of jurisdiction
and of Court fee.

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ORDER-6, RULE-17, SECTION-26

In the court of the Junior Civil Judge of Varanasi.

O.S. No …………………/2017

Kunalprasad …….. Plaintiff

Vs.

Rakeshsingh ……. Defendant

Plaint filed on behalf of the plaintiff under order VII Rule-10 and long cause title.

(1) Plaintiff Kunalprasad, S/o. Mahender aged 45 years, Hindu business, residing at D.No.
247, Netaji Road, Varanasi, within jurisdiction of this honourable court. The address for
services of notices etc. on the plaintiff is as stated above and come of ………………
advocate, Varanasi.
(2) DefendantRakeshsingh, S/o. Ranveer, 40 years, Hindu, Business, residing at D.No. 249,
Netaji Road, Varanasi within jurisdiction of honourable court. The address for service of
process etc. on the defendant as stated above.

(3) Defendant borrowed a sum of Rs. 25,000 on 26.02.2008 and is consideration there of
executed a promissory note the like sum in favour of the plaintiff, agreeing to pay interest at
24% per annum.

(4) The plaintiff made several demands on the defendant for the repayment of the debt. The
plaintiff also caused a registered lawyer‟s notice dated 04.01.2011 to be sent to the defendant
did not respond.

(5) The plaintiff submits that the defendant is not an agriculturist and he is not entitled to the
benefits under any of the debt relief of law.

(6) Cause of Action: For this suit arose on 26.02.2008 at Varanasi, within the jurisdiction of
this honourable court.
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(7) The plaintiff values this suit for the purpose of court fee and jurisdiction of 39,000/- and
pays a court fee of 1.666 under section 20 of A.P. Court fee and suits valuation Act.

(8) Particulars of Valuation Principal borrowed 25,000 Interest 24% p.a from 26.02.2008 to
20.02.2011 14,000 39,000 Court fee paid there on relief 1,666 Prayer

(9) It is therefore, prayed that the honourable court may be pleaded to pass a judgement and
decree against the defendant and in favour of the plaintiff

(10) Directing the plaint defendant to pay the plaintiff the sum of Rs.39,000 on with further
interest at the contact rate till the date of realization.

(11) Awarding the plaintiff the cost of this suit and

(12) Passing such further or other order as the honourable court may deem. Fit and proper in
the circumstance of the case.

x xxx xxxx

Advocate for the plaintiff Plaintiff

Verification

I the plaintiff, to hereby declared that the facts stated above true and correct to the best of my
knowledge, information and belief

x xxx xx xx

Advocate for the plaintiff Plaintiff

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WRITTEN STATEMENT

Written statement is the defense of the defendants. A 'defense' called the written statement ,in
general this is a reply of plaint ,in which defendant deny or admit the each and every
allegation or facts given in the plaint. Denial or admission must be Para wise and clear. In the
written statement defendant can put his case also under the heading additional plea, and can
states new facts or ground which is necessary to defeat the opponent. If defendant want to
put his own claim against the plaintiff he can put it by way of set- off and counterclaim u/o 8
Rule 6 and 6A of C.P.C.

Order VIII provides for the filing of a written- statement, the particulars to be contained
therein and the manner of doing so. It requires what a written statement should
contain. Before drafting the written statement it is the duty of the defendant to study the
plaint thoroughly and all the documents submitted by the plaintiff with the plaint in support
of his claim. After the thorough study of the plaint and supported documents a para wise
answer of the plaint can be prepared. Order VIII of the Code of Civil Procedure deals with
the written statement, set off and counterclaim.

The defendant shall, within thirty days from the date of service of summons on him, present
a written statement of his defense :

Provided that where the defendant fails to file the written statement within the said period of
thirty days, he shall be allowed to file the same on such other day, as may be specified by the
Court, for reasons to be recorded in writing, but which shall not be later than ninety days
from the date of service of summons".

Three things are clear. Firstly, a careful reading of the language in which Order VIII, Rule 1
has been drafted, shows that it casts an obligation on the defendant to file the written
statement within 30 days from the date of service of summons on him and within the
extended time falling within 90 days. The provision does not deal with the power of the
Court and also does not specifically take away the power of the Court to take the written

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statement on record though filed beyond the time as provided for. Secondly, the nature of the
provision contained in Order VIII, Rule 1 is procedural. It is not a part of the substantive law.
Thirdly, the object behind substituting Order VIII, Rule 1 in the present shape is to curb the
mischief of unscrupulous defendants adopting dilatory tactics, delaying the disposal of cases
much to the chagrin of the plaintiffs and petitioners approaching the Court for quick relief
and also to the serious inconvenience of the Court faced with frequent prayers for
adjournments. The object is to expedite the hearing and not to scuttle the same.The process
of justice may be speeded up and hurried but the fairness which is a basic element of justice
cannot be permitted to be buried.

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IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE :

CITY CIVIL COURT : AT HYDERABAD.
O.S. No. of 2014
Between:-
Mr.Akhilesh Kumar,
S/o……………….. Aged …. years,
Occ: ………….
R/o.Hyderabad …Plaintiff
And
Mr.Durgesh Kumar,
S/o………………………, Aged …. Years,
Occ:……………. R/o.Hyderabad.
…Defendant
WRITTEN STATEMENT FILED BY THE DEFENDANT
UNDER ORDER VIII, RL.1, C.P.C.
1) It is submitted that the defendant has gone through the averments made in the plaint
and affidavit filed in support of the plaint. The averments, which are not specifically
admitted, are denied. The Plaintiff is put to strict proof of the same. Most of the averments
are not correct and false and the suit is not maintainable.
2) In reply to Para III (1) of the plaint, it is submitted that I have no acquaintance with
the plaintiff and did not approach at any point of time for hand loan to meet my son’s
education and executed promissory note in favour of the plaintiff. I have sufficient means to
support my family. Hence, there is no question of taking hand loan from the plaintiff and
execution of promissory note in favour of the plaintiff.
3) In reply to para III (2) of the plaint, it is submitted that the notice issued by the
plaintiff was received by me on………….. The contents of the notice are vague and false.
Since I did not approach the plaintiff for any hand loan and executed promissory note, I did
not choose to reply the notice. Hence, the allegations in the notice are denied.
4) In reply to para III (3) of the plaint, it is submitted that I did not borrow any amount
from the plaintiff and executed promissory note in favour of him. The allegation of the
plaintiff is false and I need not bound to pay any amount to the plaintiff. It is not correct to
say that I have borrowed a sum of Rs.25,000/- from the plaintiff and executed a promissory
note in favour of him.
5) In reply to Para III (4) of the plaint, it is submitted that since there is no amount is
borrowed from the plaintiff and executed pro-note, the figures of outstanding stated in para
therein is false and fabricated one.

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6) It is submitted that I have never approached the plaintiff for any amount said to have
been borrowed by me and executed pro-note. Since we reside in the same street and due to
rivalry between our two families regarding some disputes relating to colony problems, the
plaintiff has fabricated the pro-note and filed the present suit alleging that I have borrowed a
sum of Rs.25,000/- from plaintiff and executed a pro-note. The plaintiff is trying to mislead
this Hon’ble Court and made false allegations in the plaint.
7) The other allegations of the plaint which are not specifically admitted herein are
denied. The plaintiff is put to strict proof of the same.
Hence, it is prayed that this Hon’ble Court may be pleased to dismiss the suit with
costs.

Counsel for the Defendant Defendant

Verification
I, Durgesh Kumar, S/o aged about years, Occ: Employee, do
hereby declare that the facts stated in paras 1 to 7 are true and correct to the best of my
knowledge, information and belief and I believe the same to be true and correct. Hence,
verified on this the day of June, 2007 at Hyderabad.

Defendant

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INTERLOCUTORY APPLICATION

The Civil Rules of Practice and Circular Orders, Chapter I – Preliminary – Rule 2 (J) defines:
“Interlocutory application” means an application to the Court in any suit, appeal or
proceeding already instituted in such Court, other than a proceeding for execution of a decree
or order. Chapter V: deals with (A) Interlocutory proceedings - Rule 53 to 55, 58 and 59 of
Civil Rules of Practice further deals with about the form, contents, separate application for
each distinct prayer and service of notice to other parties and every interlocutory application
shall be supported by an affidavit and true copies of application, affidavit and the documents
shall be furnished to the opposite party or counsel.
An interlocutory application is an application which is moved in the main petition. it is
usually filed when you ask for some urgent relief or to bring certain new facts to the
knowledge of the court. if the supreme court order says 'interlocutory application disposed
of", then it means that you had filed an application seeking some relief, and after hearing you
on the application, the court has passed an order in your application.
Original petition generally refers to any petition or any application in court that states the
origination of disputes and seeks specific reliefs. Rule 3(9) of the Code of Civil Procedure
defines Original Petition as: ‘Original petition means a petition whereby any proceeding
other than a suit or appeal or a proceedings in execution of a decree or order, is instituted in a
court.” The Original Petition refers to the point of origination of the dispute.
On the other hand Interlocutory Petition is defined under the Civil Rules of Practice, Rule 2
(j) to mean “an application to the court in any suit, appeal or proceedings already instituted in
such court, other than a proceeding for execution of a decree or order”. It is interesting to
note that the word “application” is defined in Rule 2 (c) that includes execution application,
execution petition and interlocutory application, both written and oral.
Interlocutory Petitions are a form of incidental proceedings and they are in aid to the final
proceedings. An Interlocutory Petition is initiated with a view to prevent the ends of justice
from being defeated when the Original Petition is unable to address the immediate
circumstances. Interlocutory Applications or Interlocutory Petitions are filed to support the
main petition for an interlocutory relief during pendency of the main Petition.
However, interlocutory orders passed in the incidental proceedings have a direct bearing on
the result of the original petition and such orders may be issued in a divorce proceeding
where the interlocutory application is for maintenance, pending a decision on alimony and
child support. Further, courts may also issue interlocutory orders where property is about to
be sold or forfeited and grant interlocutory injunction, preventing the transfer of property
until it has made a final decision.

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INTERLOCUTORY APPLICATION

IN THE COURT OF JUNIOR CIVIL JUDGE, VARANASI

I.A. No. of 2013

O.S. No. of 2016

Himanshu …. Petitioners (Plaintiff)

vs.

AkashAditya ……Respondent
(Defendant)

Petition filed on behalf of the petitioner/ plaintiff under XXX VII Rule 5 of C.PC.

For the reasons stated in the accompanying Affidavit, it is prayed that, the honourable court
may be pleased to direct that the property described in the schedule below be attached before
judgement passing such further or other orders as circumstances of the case.

SCHEDULE

In Chittoor District, Sri Balaji Registration District, Varanasi sub district Varanasi town
within Varanasi Municipality in ward No. 8, Town Survey [T.S.] No: 1447, where in D.No.
249, Bazaar Street a house with R.C.C. Roof with all doors, door frames, all fittings are with
electric service connection measuring 25 feet east, west and 40 feet north, south and bounded
on the east by the house of T. Rama Lakshmi on the south by Nalinibhai lane on the west by
the house of Bazaar Street.

RanjeetPradhan

XXXXXXX

Advocate for the

Petitioner/ Plaintiff

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Execution Petition
Section 5 of the Indian Limitation Act, 1963 (Act 36 of 1963)is an enabling provision to
assist the litigants who failed to do an act within the prescribed time period as originally
fixed under the various enactments. For example a litigant who failed to file an Appeal
before the superior courts within the permissible time period as originally fixed then he can
file it after the expiry of the prescribed time period provided he has to shown “sufficient
cause” for non-filing the Appeal within the time period. Likewise while running a case either
before the subordinates’ courts or any superior courts; the litigants have to file necessary
applications under various enactments for smooth running of the case, but such an
applications has not been filed in-time then he can file it latter on provided he has to shown
“sufficient cause” for late filing of the same.

Implementation of litigation is also known as execution. A decree will come into existence
where the civil litigation has been instituted with the presentment of plaint. Decree means
operation or conclusiveness of judgement. Implementation of a decree will be done only
when parties has filed application in that regard. A decree or order will be executed by court
as facilitative and not as obligation. If a party is not approaching court, then the court has no
obligation to implement it suomotto. A decree will be executed by the court which has passed
the judgement. In exceptional circumstances, the judgement will be implemented by other
court which is having competency in that regard.

Execution is the medium by which a decree- holder compels the judgement-debtor to carry
out the mandate of the decree or order as the case may be. It enables the decree-holder to
recover the fruits of the judgement. The execution is complete when the judgement-creditor
or decree-holder gets money or other thing awarded to him by judgement, decree or order

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IN THE COURT OF _________________________________________

___________________________________________ Decree Holder

V/s
___________________________________________ Judgement Debtor
Dated ____________

The Decree Holder prays for execution of the Decree/Order, the particulars whereof are
stated in the columns hereunder.
1. No. of Suit
2. Name of Parties
3. Date of Decree/order of which execution is sought
4. Whether an appeal was filed against the decree / order under execution
5. Whether any payment has been received towards satisfaction of decree-order
6. Whether any application was made previous to this and if so their dates and results
7. Amount of suit alongwith interest as per decree or any other relief granted by the decree
8. Amount of costs if allowed by Court
9. Against whom execution is sought
10. In what manner court's assistance is sought
The D.H. humbly prays that:
Decree Holder
Verification:
I, ________________________ do hereby verify that the contents of this application are true
to my knowledge or belief.
Gujarat.
Dated..... Signature of Decree Holder
Through
Advocate

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Affidavit
Affidavit under Section 139 of the CPC is a statement in writing, made before an officer of
the court authorized to administer oaths. The person making the affidavits known as the
deponent for he ‘deposes’ to the facts contained therein. For instance, interrogatories are
answered by way of affidavit. Where a party is bound to disclose documents in answer to
interrogatories, it is called affidavit of documents. A declaration of facts that have been
reduced to writing and affirmed before an officer competent to administer oaths is an
affidavit.
Simply put, it is a declaration of facts drawn up in first person and states facts alone and not
inference.
An affidavit must contain only such facts that are known to the deponent or such information
that he believes to be correct. Rule 3 of Order 19, CPC provides that affidavits shall be
confined to such facts as the deponent is able of his own knowledge to prove, except on
interlocutory applications, on which statements of his belief may be admitted, provided the
grounds for the same are state.
Usually, a fact has to be proved by oral evidence as affidavits are not included in definition
of evidence under Section 3 of IEA but a court may order that any fact may be proved by
affidavit. The court may do so of it’s own motion or on application of any party. The court
may also, at the instance of either party, order attendance of the deponent for his cross-
examination, unless he is exempted from personal appearance in Court.

Affidavits are not included within the purview of the definition of “evidence” as has been
given in Section 3 of the Evidence Act, and the same can be used as “evidence” only if, for
sufficient reasons, the Court passes an order under Order XIX of the Code of Civil
Procedure, 1908.

It is generally unsatisfactory to record a finding involving grave consequences with respect

to a person, on the basis of affidavits and documents alone, without asking that person to
submit to cross-examination. Where the deponent is available for cross-examination, and
opportunity is given to the other side to cross-examine him, the same can be relied upon.
Such view, stands fully affirmed particularly, in view of the amended provisions of Order
XVIII, Rules 4 & 5 Code of Civil Procedure.

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IN THE FAMILY COURT AT VARANASI

NOTICE OF MOTION NO. 80 OF 2010
IN
MATRIMONIAL PETITION NO: 101 OF 2010
Raddhika ……… Petitioner
Vs.
Goutham …… Respondent.
I Raddhika of Varanasi, Hindu Indian inhabitant residing at T.K. Street, 4th Road, Varanasi
do hereby solemnly affirm and say as follows.
(1) I say that I was married to the respondent on 01.04.2004 at Varanasi according to
traditional Hindu rites until 2010. I had cohabited with the respondent at Varanasi and had a
son Veedant by the said marriage. The said Veedant is now 5 years of age.
(2) I say that until November 2010, our matrimonial life was quite happy and harmonions.
Thereafter, the respondent took to heavy drinking and began to show disgust, contempt and
neglect towards me and towards the said Veedant.
(3) I say that the respondent has physically assaulted me on several occasions and is guilty of
gross cruelty as more particularly stated in my petition. I further say that the respondent is
also guilty of desecrating me as stated more fully in the said petition. I say that I have
therefore prayed for a dissolution of the said marriage in the said petition.
(4) I say that I am a housewife with no independent source of income.
I further say, that the respondent is the Branch Manager of Indian Bank and is drawing a
monthly salary of 4000/-
(5) I say that I am clearly attached to the said Veedant and fear physical, assaults on him by
the said respondent if his custody.
(6) I therefore submit that this notice of motion be made absolute with costs.
Solemnly Affirmed at Varanasi. This 2nd December, 2010

Advocates for the petitioner

Raddhika
Before me
Registrar/ Superintendent

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Memorandum of Appeal
A Memorandum of Appeal is the set of grounds upon which a judicial examination is prayed
for. It should contain concisely and under separate heads, the grounds of objection to the
decree appealed against. The Memorandum is often need to be accompanied by a copy of the
decree appealed from.
memorandum of appeal is different from petition. Therefore, no enumeration of the facts of
the case, no complaint against the high handedness of the other party, no plea of the helpless
condition of the appellant and no plea for sympathy of the court should find any place in
memorandum. The memorandum can be divided into two main parts. They are
 Formal part
 The Material Part
In the formal part the following should be included:
(a) Heading of the case: This should begins with the name of the Court, the name and address
of the parties to the appeal should be given. The name of the appellant being given first.
(b) An introductory state of the appellant: This statement must give the particulars of the
decree or order appealed from.
(c) The Valuation of the appeal:
Though there is nothing in the C.P.C. to required that the valuation of an appeal should be
written in the memorandum of an appeal yet as and Valoren Court fees are after payable, it
has become a common practice to enter the value of the appeal in the memorandum.
(2) The material part of an appeal should include the following
(A) Ground of Appeal:
(i) The grounds of Appeal or objection should be written distinctly and specifically.
(ii) They should be written concisely.
(iii) They must not be framed in a narrative or in an argumentative form.

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In the Court of District Judge, Indore

Civil Appeal No. ... / 2009

Under Section 96 of CPC, 1908.
A. B. s/o B. C.
123, A B Road, Indore, MP ......................................... Plaintiff/Appellant

Vs.

M. N. s/o O. P.
456, A B Road, Indore, MP .........................................
Defendant/Respondent

Memorandum of Appeal
Sir,

The aformentioned plaintiff-appellant appeals against the judgement and decree of the Court
of Civil Judge Class II, at Indore, passed in Original Suit No 1234 of 2009 between A. B s/o
B. C vs M.N s/o O. P., dated 10/10/2009, and sets forth the following grounds of objection to
the decree appealed from :-

Value of the suit:

Value of appeal:
Court Fee Paid:

(1) That the orders passed by the Learned Lower Court are contrary to the provisions of law
and the principles of natural justice.

(2) That the findings arrived by the Learned Lower Court are not supported by the evidence
on record.

(3) That the Learned Lower Court committed an error in holding that the house premises are
not required by the plaintiff/appellant for his personal bonafide occupation.

(4) That the copy of the Judgment and the Decree against which this appeal has been
preferred is attached alongwith.

(5) That the Learned Lower Court has having answered the first issue in the negative decided
the rest of the issues against the appellant, which itself is improper and illegal.

(6) That the necessary court fee is paid herewith.

Prayer:
(7) That the appellant, therefore, prays that for the reasons stated above and as may be argued
at the time of hearing, the record and proceedings be called for, this appeal be allowed, the
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orders under appeal be set aside and quashed, and orders deemed just and proper be kindly
passed. Further that the cost of this petition be awarded in favor of plaintiff-appellant.

Place: …………………. (Signature of

the Plaintiff-Appellant)
Date: …………………..

Advocate
for Plaintiff-Appellant

Verification

I, ______, do hereby verify that the contents from paras 1 to 5 are correct and true to the best
of my knowledge and personal belief and no part of it is false and nothing material has been
concealed therein. Affirmed at Indore this 4th Day of September 2009.

(Signature)
Plaintiff-Appellant

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Writ Petition under Article 226

Under Article 226 of Constitution, HC has power to issue such writs and orders as are
necessary for administrative action and judicial or quasi-judicial action

A writ, direction or order may be issued by the High Court under Article 226 to a person or
authority amenable to the Court’s jurisdiction either by residence or location within the State,
even if the petitioner and other parties are from other States. This power can be exercised,
under Article 226(2) of the Constitution, though the person or authority is outside the
territories in relation to which the High Court has jurisdiction, provided the cause of action
arises, wholly or in part, within such territories.Under Article 226 of the Constitution, the
High Court has the power to issue not only writs of certiorari, prohibition and mandamus, but
also other writs, directions and orders. In other words, even if the case is one in which a High
Prerogative Writ proper as known in England cannot be issued, the Indian High Court has
jurisdiction to issue such directions and orders as may be necessary to meet the ends of
justice, in respect of administrative action and judicial or quasi-judicial action.Similar
powers to issue writs, directions and orders are conferred on the Supreme Court under
Article 32 of the Constitution, but they are restricted to the enforcement of fundamental
rights.

The fact that an inappropriate writ has been asked for is not a ground for refusing to grant
appropriate relief. Section 293 of this Act cannot override Article 32 or Article 226 of the
Constitution, and therefore in appropriate cases writs, directions or orders under Article 32 or
Article 226 may be issued even in respect of something “in good faith done or intended to be
done under this Act”.

The question of constitutional validity or vires of a provision of the Act has been held by the
Supreme Court to be foreign to the jurisdiction of authorities appointed under this Act.
Therefore, such questions can be decided only in a suit or a writ petition.

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IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /BENCH AT GWALIOR

Writ Petition No. ………… / 20…….

Cause Title

Petitioner : The name, age, father/husband’s name, occupation

and complete address and fax number with S.T.D.
Code and e-mail address, if any;

Vs.

Respondent : The name, age, father/husband’s name, occupation,

and complete address and fax number with S.T.D.
Code and e-mail address, if any;

(Writ Petition under Article 226 of the Constitution of India)

1. Particulars of the cause/order against which the petition is made:

(1) Date of Order / Notification / Circular / Policy / Decision etc : N. A.
(2) Passed in (Case or File Number) : N. A.
(3) Passed by (Name and designation of the Court, Authority, Tribunal etc.) : N. A.
(4) Subject-matter in brief :
The petitioners are final year law students pursuing LLB (3 Year Degree Course, Semester
System) from Govt. Law College, Indore, which is affiliated to Devi
AhilyaVishwaVidyalaya (referred hereinafter as DAVV in brief) and they intend to pursue
LLM in academic session 2009-2010. They also intend to appear in Civil Judge Class II
Examination, which is being conducted by Honourable High Court of M. P. in September
2009.
This petition is filed by the petitioners challenging -
a. the inaction of DAVV and its inordinate delay in conducting LLB 6th semester exam,
which was to be held in May 2009 and the result of which was to be declared in June 2009.
b. the arbitrary and illegal award of marks in one practical subject named “Moot Court,
Pre-trial Preparation and Participation in Trial Proceedings”.
As these actions are preventing the petitioners from –
a. pursuing LLM in the academic session 2009-2010
b. appearing in Civil Judges Class II Examination to be conducted by Honourable High
Court of M. P. in September 2009.

2. A declaration that no matter pending: Petitioners declare that no matter relating to the
subject matter of this petition has been previously instituted or is pending in any Court,
authority or tribunal at the instance of the petitioners.

3. Details of remedies exhausted:

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Petitioners have given written representation to Registrar, DAVV as well as to Vice

Chancellor, DAVV on 03/06/2009. They have also personally met with the Registrar as well
as the Vice Chancellor seeking redressal to their grievances. However, no attempt has been
made to safeguard the future of the petitioners and other similarly placed students.

4. Delay, if any, in filing the petition:

Petitioners declare that there is no delay in filing of this petition.

5. Facts of the case:

(Give a concise statement of facts in chronological order in separate paragraphs)

6. Grounds urged :
6.1 Because the petitioners future is at stake as they are unable to take admissions in other
colleges and universities of India for LLM courses due to late conduction of examinations.
Complete one year of petitioners is being wasted because of this inaction and irresponsible
attitude of Respondent No. 1.
6.2 Because even School of Law Respondent No. 3, which is run by DAVV, is not
allowing the petitioners to appear in their entrance exam for LLM.
6.3 Because due to low marks awarded to the petitioners in the practical subject, they have
been rendered uncompetitive to secure admission in LLM courses in colleges affiliated to
DAVV on the basis of merit. The low marks awarded in the practical subject also look bad
on the petitioners’ resume and adversely affect the petitioners’ chances of securing a job or
other career related activities.
6.4 Because the Petitioners are unable to appear in Civil Judge Class II examination which
is being conducted in September 2009 for no fault of theirs.
6.5 Because petitioners are being denied their fundamental right to work due to delay in
obtaining Sanad.
6.6 Because it is a duty of DAVV to conduct exams fairly and on time, which it has failed
to do.
6.7 Because it is a duty of Respondent No. 2, to evaluate the students fairly in Practical
subjects, which it has failed to perform.

7. Relief Prayed for:

Petitioners pray that this Honourable Court may be pleased to:
7.1 By issuing a writ of mandamus or any other appropriate write, order, or direction, direct
the Respondent No 1 and 2 to conduct the exams of 6th semester of LLB course and declare
the result without further delay.
7.2 Respondent No. 3, be directed to permit the petitioners to appear for their entrance
examination for LLM and be given provisional admission if they are successful in the
entrance examination.
7.3 Respondent No 1 and 2 be directed to either –
a. Ignore the marks in this subject for calculation of aggregate percentage for LLB Degree.
It is worth mentioning that that DAVV already does ignore the marks for Paper 5 of
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Semester 5, which is also a practical subject.

b. Rationalise the marks given in the practical subject of “Moot Court, Pretrial Preparation,
and Participation in Trial Proceedings”.
7.4 Cost of this petition be awarded to the petitioners.
7.5 Any other relief, which this Honourable Court deems fit in the peculiar facts and
circumstances of the case.

8. Interim Relief:
The petitioners pray that Respondents 1 and 2 be directed to conduct LLB 6th semester exam
and declare the result without any further delay.

9. Documents relied on but not in possession of the petitioner:

9.1 List of marks obtained by students of all Law colleges affiliated to DAVV in the
practical subject of “Moot Court, Pretrial Preparation, and Participation in Trial Proceedings”
in March 2009.
9.2 Submissions of students who scored above 80 marks or below 60 marks of Respondent
No. 2, as well as other colleges affiliated to DAVV made towards the subject of Moot Court
(Paper 4 of 5th semester).

10. Caveat:
That no notice of lodging a caveat by the respondents has been received by the petitioners.

Place: …………………. (Signature)

Date: ………………….. Counsel for
Petitioner(s)

Verification

I, ______, do hereby verify that the contents from paras 1 to 10 are correct and true to the
best of my knowledge and personal belief and no part of it is false and nothing material has
been concealed therein. Affirmed at Indore this 4th Day of September 2009.

(Signature)
Plaintiff

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Writ Petition under Article 32

The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution
for the violation of fundamental rights guaranteed under Part – III of the Constitution. Any
provision in any Constitution for Fundamental Rights is meaningless unless there are
adequate safeguards to ensure enforcement of such provisions. Since the reality of such
rights is tested only through the judiciary, the safeguards assume even more importance. In
addition, enforcement also depends upon the degree of independence of the Judiciary and the
availability of relevant instruments with the executive authority. Indian Constitution, like
most of Western Constitutions, lays down certain provisions to ensure the enforcement of
Fundamental Rights. These are as under:

(a) The Fundamental Rights provided in the Indian Constitution are guaranteed against any
executive and legislative actions. Any executive or legislative action, which infringes upon
the Fundamental Rights of any person or any group of persons, can be declared as void by
the Courts under Article 13 of the Constitution.

(b) In addition, the Judiciary has the power to issue the prerogative writs. These are the extra-
ordinary remedies provided to the citizens to get their rights enforced against any authority in
the State. These writs are - Habeas corpus, Mandamus, Prohibition, Certiorari and Quo-
warranto. Both, High Courts as well as the Supreme Court may issue the writs.

(c) The Fundamental Rights provided to the citizens by the Constitution cannot be suspended
by the State, except during the period of emergency, as laid down in Article 359 of the
Constitution. A Fundamental Right may also be enforced by way of normal legal procedures
including a declaratory suit or by way of defence to legal proceedings.

However, Article 32 is referred to as the "Constitutional Remedy" for enforcement of

Fundamental Rights. This provision itself has been included in the Fundamental Rights and
hence it cannot be denied to any person. Dr. B.R.Ambedkar described Article 32 as the most
important one, without which the Constitution would be reduced to nullity. It is also referred
to as the heart and soul of the Constitution. By including Article 32 in the Fundamental
Rights, the Supreme Court has been made the protector and guarantor of these Rights. An
application made under Article 32 of the Constitution before the Supreme Court, cannot be
refused on technical grounds. In addition to the prescribed five types of writs, the Supreme
Court may pass any other appropriate order. Moreover, only the questions pertaining to the
Fundamental Rights can be determined in proceedings against Article 32. Under Article 32,
the Supreme Court may issue a Writ against any person or government within the territory of
India. Where the infringement of a Fundamental Right has been established, the Supreme
Court cannot refuse relief on the ground that the aggrieved person may have remedy before
some other court or under the ordinary law.

The relief can also not be denied on the ground that the disputed facts have to be investigated
or some evidence has to be collected. Even if an aggrieved person has not asked for a

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particular Writ, the Supreme Court, after considering the facts and circumstances, may grant
the appropriate Writ and may even modify it to suit the exigencies of the case. Normally,
only the aggrieved person is allowed to move the Court. But it has been held by the Supreme
Court that in social or public interest matters, any one may move the Court. A Public Interest
Litigation can be filed before the Supreme Court under Article 32 of the Constitution or
before the High Court of a State under Article 226 of the Constitution under their respective
Writ Jurisdictions. There are mainly five types of Writs –

(i) Writ of Habeaus Corpus,

(ii) Writ of Mandamus,
(iii) Writ of Quo-Warranto,
(iv) Writ of Prohibition, and
(v) Writ of Certiorari.

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IN THE HON’BLE SUPREME COURT OF INDIA, NEW DELHI

(Original Criminal Jurisdiction)

Writ Petition No_________of _________20 _________

A _________ aged about _________ son of __________________., resident _________

Petitioner;

Versus

1. Additional Secretary, Ministry of Finance,

Government of_________.

2. The Superintendent, _________ Jail _________

3. The State of_________ Respondents.

PETITION FOR THE ISSUE OF WRIT OF HABEAS CORPUS UNDER ARTICLE 32 OF

THE CONSTITUTION OF INDIA

To

The Hon’ble the Chief Justice and his companion Judges of the Court aforesaid.

The humble petition of the above named Petitioner most respectfully sheweth:

1. That the petitioner is a resident of _________. and he was living peacefully at his
residence at the place aforesaid.

2. That on _________. Respondent No. 1 made an order under Section 3 of the Conservation
of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by which he directed
that the Petitioner shall be arrested and detained for a period of three months. A copy of the
order is annexed herewith as Annexure ‘‘A’’.

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3. That the Petitioner was arrested the same day and was detained in _________Jail. The
grounds of detention were not supplied to the petitioner on that day. The grounds were
actually supplied on_________. A copy of the grounds supplied is annexed herewith as
Annexure ‘‘B’’.

4. That on _________. the Petitioner submitted a representation against his detention through
Respondent No. 2 but the same was considered by the Advisory Board after one month and
was rejected on _________. . . .

5. That the grounds of detention supplied to the Petitioner were in English which language
the Petitioner does not know.

6. That the orders of detention of the Petitioner are illegal, improper and without jurisdiction
on the following:

GROUNDS

1. Because the Conservation of Foreign Exchange and Prevention of Smuggling Activities

Act, 1974, is unconstitutional and void as it is beyond the legislative competence of
Parliament.

2. Because the order has been passed by an officer not duly authorised.

3. Because the grounds were supplied after undue delay.

4. Because the grounds are in English which language the Petitioner does not know and this
has prevented him from making an effective representation.

5. Because the grounds are irrelevant to the object of the Act.

6. Because the grounds are vague.

7. Because there was undue delay in the disposal of the representation submitted by the
petitioner.

Wherefore it is respectfully prayed that this Hon’ble Court may be pleased to issue a writ in
the nature of Habeas Corpus to the opposite parties quashing the order of detention and
directing that the Petitioner be set at liberty forthwith.

Date _________ Advocate for the Petitioner.

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Criminal Complaint
Section 2(d) of the Code of Criminal Procedure, 1973 defines “complaint” to mean any
allegation made orally or in writing to a Magistrate, with a view to his taking action
under this Code, that some person, whether known or unknown, has committed an
offence, but does not include a police report.

A complaint, as defined in Section 2(d), Cr.P.C., can be made even orally or in writing with a
view to taking of action by a Magistrate.

Under Section 2(d), a complaint can be made either orally or in writing by any person. In so
far as the complaints under the Cr.P.C. are concerned, criminal action can be set in motion by
any person, even by a stranger.

In the strict sense there is no necessity to mention the name of person who has committed the
offence in the complaint.

In order to constitute a complaint there should be an allegation made to a Magistrate that

some person has committed an offence.

Under the Cr.P.C.,acomplaint could be made at any time subject to the provisions of Chapter
XXXVI : Limitation for taking cognizance of certain offences.

In the case of Mohd. Yousuf Vs. Smt. AfaqJahan&Anr., 2006 Cr.L.J. 788 (SC), the Apex
Court has laid down that there is no particular format for complaint.

A petition containing allegations that the offence has been committed and ending with a
prayer that the culprits be suitably dealt with, can be treated as a complaint.

In the case reported as BhimappaBasappaBhauSannavar Vs.

LaxmanShivarayappaSamagouda and Ors., AIR 1970 SC 1153 the Apex Court has laid
down that to come within the purview of section 2 (d) of Cr.P.C., thecomplaint is to fulfill
following conditions.

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IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, VARANASI, C.C.

NO. 13 OF 2012

Miss. Harshita, D/o. Radhakrishnan, Hindu, Student, aged about 21 year studying in III Year
Batch, B.Tech., S.V. Engg, College, Varanasi,

Residing at S.V. Women Hostel, Varanasi,

Permanent residing of 43/790, K.S. Road, Rajampet, Kadapa District

Within jurisdiction of East Police Station, Varanasi.

……... Complainant

Mr. J. Siva Reddy, S/o. Narsimha Reddy, Hindu, aged about 26 years 4th Year, B.Tech
student, residing at Men‟s Hostel, S.V. Engg. College, permanent address 7/90, T. Nagar,
Rajampet, Kadapa District, within Jurisdiction of East Police Station, Varanasi.

…….. Accused.

COMPLAINT FILED ON BEHALF OF THE COMPLAINANT

U/Sec 200 Cr. P.C.

(1) The complaint submits that she is studying III Year B.Tech., in S.V. Engineering College,
Varanasi, she knew the accused well.

(2) The complaint submits that the accused had been behind her for last 6 months, but she
never cared him. He wrote a love letter to her and she admonished him, then one day he
pulled her upper saree in the class room and on her report he suspended college for a month.
This happened on 01.05.2012.

(3) The complainant submits that on 12.05.2012, she came to Varanasi Bus Station along her
friends Yogi, Anitha, Valli to bid forewell to the hockey team of her college going to
Visakhapatnam in Tirumala Express. She came out of the station and went to the Bus
Station at about 8.00 pm along with her friends, she found the accused near auto stand.

(4) The complaint submits that, while she was bargaining auto the accused came there and
abused her that, she was responsible for his suspension from the college, tried to grab her
right hand. When she protested he immediately stabbed on her left and right cheeks and also
on her back with his fists, she cried loudly and the auto rickshaw drivers and passengers
handed over him to police constable near the Bus Station. But he did not take the accused to
police station that it was a noncognizable offence. Hence thus complaint was made directly.

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The complaint therefore prays that the honourable court may be pleased to take cognizance
of the offence U/sec 323 IPC and punish him according to law.

xxxxxxxx xxxxxx

Advocate for complainant Complainant

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CRIMINAL MISCELLANEOUS PETITION

IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE OF VARANASI

CR.L.M.P.NO. OF 2012 M.C.No. 45 OF 2011

Rubeena …… Petitioner

Vs.Arun Kumar ….. Respondent

IshantShrivastav….. Respondent

Petition filed on behalf of the Petitioner U/Sec 128 Cr. P.C

(1) The petitioner submits that he filed the above M.C. for grant of separate maintenance on
31.12.2011 against the respondent seeking a sum of Rs. 500 per month to be awarded.

(2) The Honourable Court, after due contest, by order dated 06.01.2012 granted maintenance
to the petitioner directing the respondent to pay a sum of Rs. 400 per month to the petitioner
from 01.01.2012 and keep praying in future.

(3) The petitioner submits that, the respondent has not paid any maintenance so far, and these
disobeyed the order of this honourable court.

(4) The petitioner further submits that the arrears of maintenance from 01.01.2011 to
31.03.2012 to Rs. 6000/-

(5) It is therefore prayed that the honourable court may be pleased to commit the respondent
to prison for such kind has the law required or till he paid the arrears of maintenance.

Xxxx xxxx

Advocate for the Petitioner Petitioner

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VERIFICATION

I, the petitioner, to hereby declared that the facts stated above or true and correct to the facts
stated above or true and correct to the best of my knowledge information and belief.

Date:

xxxxxx

Petitioner

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Bail Application
(1) When any person accused of, or suspected of, the commission of any non-bailable
offence is arrested or detained without warrant by an officer in charge of a police station or
appears or is brought before a court other than the High Court or Court of Session, he may be
released on bail, but-

(i) Such person shall not be so released if there appear reasonable grounds for believing that
he has been guilty of an offence punishable with death or imprisonment for life;

(ii) Such person shall not be so released if such offence is a cognizable offence and he had
been previously convicted of an offence punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been previously convicted on two or more
occasions of a non-bailable and cognizable offence:

Provided that the court may direct that a person referred to in clause (i) or clause (ii) be
released on bail if such person is under the age of sixteen years or is a woman or is sick or
infirm:

Provided further that the court may also direct that a person referred to in clause (ii) be
released on bail if it is satisfied that it is just and proper so to do for any other special reason:

Provided also that the mere fact that an accused person may be required for being identified
by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he
is otherwise entitled to be released on bail and gives an undertaking that the shall comply
with such directions as may be given by the court.]

(2) If it appears to such officer or court at any stage of the investigation, inquiry or trial as the
case may be, that there are not reasonable grounds for believing that the accused has
committed a non-bailable offence, but that there are sufficient grounds for further inquiry
into his guilt, 2[the accused shall, subject to the provisions of section 446A and pending such
inquiry, be released on bail], or, at the discretion of such officer or court on the execution by
him of a bond without sureties for his appearance as hereinafter provided.

(3) When a person accused or suspected of the commission of an offence punishable with
imprisonment which may extend to seven years or more or of an offence under Chapter VI,
Chatter XVI or Chapter XVII of the Indian Penal Code 45 of 1860 or abetment of, or
conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1)
the court may impose any condition which the court considers necessary-

(a) In order to ensure that such person shall attend in accordance with the conditions of the
bond executed under this Chapter, or

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(b) In order to ensure that such person shall not commit an offence similar to the offence of
which he is accused or of the commission of which he is suspected, or

(c) Otherwise in the interests of justice.

(4) An officer or a court releasing any person on bail under sub-section (1), or sub- section
(2), shall record in writing his or its 3[reasons or special reasons] for so doing.

(5) Any court which has released a person on bail under sub-section (1), or sub- section (2),
may, if it considers it necessary so to do, direct that such person be arrested and commit him
to Custody.

(6) If, any case triable by a Magistrate, the trial of a person accused of any non bailable
offence is not Concluded within a period of sixty days from the first date fixed for - taking
evidence in the case, such person shall, if he is in custody during the whole of the said
period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be
recorded in writing, the Magistrate otherwise directs.

(7) If, at any time after the conclusion of the trial of a person accused of a non bailable
offence and before Judgment is delivered the Court is of opinion that there are reasonable
grounds for believing that the accused is not guilty of any such offence, it shall release the
accused, if he is in custody, on the execution by him of a bond without sureties for his
appearance to hear judgment delivered.

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IN THE COURT OF _________

Petitioner
Versus

Respondents

FIR No. : _____ Dated _____ Police Station: _____

Offence Under Sections: _____

Application under Section 437 of CrPC for the grant of Bail

Respectfully Sheweth:

1. That the applicant has been involved in a false and frivolous case by one Sh. ____ by
lodging a complaint with the SHOPS ____ on ____ for offence under sections __ of the IPC
The applicant/accused has been arrested by the Police of Police Station: ____ subsequent to
the above complaint.

2. That it is submitted that the allegations made against the applicant/accused are false,
frivolous and vexatious and lack in the material substance. The applicant belongs to a very
reputed family in his locality. The allegations are that __

3. That the applicant/accused is a permanent resident of ____ and earning livelihood by

_____. The applicant has his old parents dependent upon him and the applicant is the only
bread earner for the family.

4. That the applicant/accused is innocent and has been involved falsely due to the personal
grudge to settle the score against the applicant/accused _____ OR due to enmity and family
feud. It is submitted that the complainant is an influential and high-handed person.____

5. That by getting the applicant/accused arrested the applicant has been deprived of his
valuable fundamental right of liberty by abuse of powers and process of law by the
complainant. ____

6. That the applicant is willing to furnish surety and bail bonds to the satisfaction of this
learned court in case he is ordered to be released on bail. The applicant is also willing to join
the investigations and bind himself by the terms and conditions laid down by the law or by
this Hon'ble court. It is further submitted that the applicant is not at all required for the
investigations. However, if the applicant is required for investigation, the applicant/accused
undertakes to be present as and when required in accordance with the law.
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7. That neither any recovery is to be effected from the applicant nor the applicant is in a
position to temper with the prosecution evidence. The applicant will associate with the
investigation whenever required to do so.

It is, therefore, most respectfully prayed that:-

(a) That the applicant may be ordered to be released on bail and this application for bail may
kindly be allowed;
(b) That till the decision of this application interim bail may be granted to the applicant;
(c) That the directions may be issued to the police to get the applicant/accused medically
examined at the immediately;
(d) Such other orders be also passed in favour of the applicant as deemed fit and proper in the
facts and circumstances of the case and in the interest of justice.

Coimbatore Applicant

______ Through, Advocate

Note:-

1. This application is filed through the _____ father and next friend of the applicant/accused,
Sh. ____ . It is, therefore, prayed that the application of the applicant/accused may kindly be
allowed and the applicant/accused may kindly be released on interim bail in the interest of
Justice.

2. That the applicant/accused is under police custody. Therefore, the requirement of affidavit
and signature may kindly be dispensed with.

Coimbatore Applicant

______ Through, Advocate

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Affidavit in Support
IN THE COURT OF ___

Applicant
Versus

Respondent

Affidavit in support of the application under Section 437 of CrPC

I, ______, do hereby solemnly affirm and declare as under:-

1. That the accompanying application under section 437 CrPC has been drafted at my
instance and under my instructions.

2. That the contents of paras 1 to _____ are true and correct to the best of my knowledge.

3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no
part of it is false and nothing material has been concealed therein.

Affirmed here at Coimbatore on ______.

Deponent

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ANTICIPATORY BAIL
Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek
‘Anticipatory Bail’. This means that an individual can seek or request to get bail in
anticipation or in expectation of being named or accused of having committed a non-bailable
offence.

Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges
made against him/her, most commonly due to professional or personal enmity, as it ensures
the release of the falsely accused person even before he/she is arrested.

To get anticipatory bail the person seeking it, must approach the Court of Sessions or the
High Court and citing section 438 of the Criminal Procedure Code as well as giving proper
reason, apply for it. If the court, based on a number of conditions and the nature of the case,
sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she
will be immediately released on the basis of the anticipatory bail.

Conditions that are taken into consideration by the court when granting anticipatory bail
include, but are not limited to:

 The person will make him/herself available for interrogation by the police as and when
required by them

 The individual shall not directly or indirectly make any threat, promise or offer any bribe to
any person who is connected to the case or knows facts about the case, so as to keep
them quiet or to get them to change their report of facts to the court or the police

 An assurance that the person shall not leave India without prior permission from the court

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IN THE COURT OF DISTRICT AND SESSIONS JUDGE, AT ------

IN THE MATTER OF

STATE

VS

Police Station ---------------------------

FIR NO. Yet to be filed

U/S Section 66A of ITA 2008 and other sections of IPC such as 295A,505,499

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY

BAIL ON BEHALF OF THE ACCUSED----------------------------------.

MOST RESPECTFULLY SUBMITTED AS UNDER :-

1. That I, Sri/Smt ……………………… s/d/o …………………

residing at………………………………………..

have posted the content as indicated in annexure to this application

2. That based on the precedents of the actions initiated by Police in

different parts of the country in recent days and more particularly in

the cases of Government of Puducherry Vs Ravi Srinivasan on the

complaint made by one Sri Karti Chidambaram and State of

Maharashtra VsMsShaheenDadha on the complaint of one Sri

BhushanSanke, there is a reasonable probability of a false and

bogus case being hoisted on me with malafied intentions,

3. That I have no malicious intentions in making this post which I have

made as a free Citizen of India under the Freedom of Expression

guaranteed to me by the Constitution of India under article 19(1)

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4. That the police may falsely implicate the applicant in any case,

the applicant is a respectable citizen of the society and is not involved

any criminal

5. That the postings does not constitute any criminal offence under

any law in India.

6. That the applicant is not required in any kind of investigation

nor any kind of custodial interrogation is required.

7. That the applicant is having very good antecedents, he belongs

to good family and there is no criminal case pending against them.

8. That the applicant is a permanent resident and there are no

chances of their absconding from the course of justice.

9. That the applicant undertakes to present himself before the

court as and when directed.

10. That the applicant undertakes to cooperate with the police

during the course of investigation.

11. That the applicant undertakes not to tamper with the evidence

or the witnesses in any manner.

It is therefore prayed that the court may direct that the applicant shall be

released on bail in the event of their arrest by the police.

Any other order which the court may deem fit and proper in the facts and

circumstances of the case may be also passed in favor of the applicant.

(-----------------------------)

APPLICANT

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Criminal Appeal

IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE AT VARANASI

CRIMINAL APPEAL NO: 101 OF 2010

For the following among grounds the Appellant here in begs to prefer this appeal against the
judgement dated ………………….. of judicial Magistrate, F.C., Varanasi in criminal case
No: 101 of 2010, convicting the appellant U/Sec 411 I.P.C and sentencing him to U/go, 6
months R.I. and to pay a fine of Rs. 300/-

GROUNDS

1. That the conviction is bad in law.

2. That the Judgement of the lower court offends Sec. 367 of the Cr.P.C.
3. That the learned magistrate should have inferred from the conduct of your petitioner
deposed to by the investigating officer, that he was absolutely straight forward in his
dealings. The conduct of your petitioner as has been deposited to by P.Ws. No. 52 and 4
would hardly be consistent with his guilty knowledge.
4. That the learned Magistrate should have taken into accent the representation made to him
by the alleged thief.
5. That the learned Magistrate should have bellered that the articles were purchased bonafide
for proper market price and inferred from that the absence of any guilty knowledge of your
petitioner.
6. That the articles sold were common articles of everyday use to be found in possession of
people of even modest means.
7. That the learned Magistrate should have disbelieved the evidence of P.W.s No: 56 and 7
who identified the parker pen and the Wallet alleged to belong to Sri Anand and should have
hold that they were ordinary, common articles incapable of identification in the absence of
any special mark or name.
8. That the learned Magistrate should have believed the defence witnesses who disposed to
having seen the articles sold to the appellant some five months prior to the incident.
9. That the Lower Court ought to have given the benefit of responsible doubt to the appellant
and acquitted him.

PRAYER

In the circumstances stated above, the petitioner prays that your honour may be pleased to
admit the appeal, call for the record.

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Release your petitioner pending disposal of the appeal on bail and after hearing the case, set
aside the order of conviction and sentence or pass such other order as the ends of Justice may
call for and your petitioner, as in duty bound, shall ever pray.

********** *********
Counsel for Applicant Applicant

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REVISION APPLICATION
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

CRIMINAL REVISIONAL JURISDICTION

In the matter of an application U/Sec. 439, Cr. P.C.

MohitRaghuvanshi, residing at Nacharam, Hyderabad …….. Petitioner/ Accused

Vs.

The State of A.P. …. Respondent

In the matter of a Revision from the order of conviction passed U/Sec 324, I.P.C. on
30.01.2010 by the learned presidency magistrate sixth court, Hyderabad.

To His lordship the Chief Justice and the Puisne Judge of the said honourable court.

THE HUMBLE PETITION OF THE ABOVE NAMED PETITIONER MOST

RESPECTFULLY SHEWETH

In the matter of an application U/sec. 439, Cr. P.C.

Premchand Das, residing at Nacharam, Hyderabad ………. Petitioner / Accused

Vs.

The state of A.P. …………. Respondent

In the matter of a Revision from the order of conviction passed U/sec 324, I.P.C. on
30.01.2010 by the learned presidency magistrate sixth Court, Hyderabad.

To

His lordship the Chief Justice and the … judge of the said honourable Court.

THE HUMBLE PETITION OF THE ABOVE NAMED PETITIONER MOST

RESPECTFULLY SHEWETH

That the learned president Magistrate convicted the applicant and one MukeshRao under the
mentioned section and sentenced him to undergo Vigorous imprisonment for a period of four
month and to pay a five of Rs.100 or in default to undergo further R.I. for 15 days.

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Being aggrieved by the aforesaid order, your petitioner begs to more the honourable court in
its Revisional Jurisdiction on the following.

Grounds

1. That the order of the lower court is against law.

2. That the learned presidency magistrate erect in believing the complaints who were
interested witness.
3. That the learned presidency magistrate was wrong in dis-believing the two respectable and
independent witnesses examined on behalf of the defence.
4. The learned magistrate has erred in not complying with the mandatory provisions of the
Cr. P.C. whereby an opportunity to explain away the circumstances appearing against them
was refused.
5. The learned magistrate has not maintained a full record of the evidence and hence certain
admissions by the prosecution given in their cross examination are not available.

Prayer

The petitioner therefore prays that your lordship may be graciously pleased to call for the
record of the case and issue a rule upon the presidency.

Magistrate, sixth court and upon the opposite party to show cause why the aforesaid, order
complained of should not be vacated and to release the petitioner on bail pending the
disposal of this revision applications and your lordships may be pleased to pass such other
order or orders as the circumstances of the case demand.

And your petitioner, as in duty bound, shall ever pray.

********** *********
Counsel for Applicant Applicant

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First Information Report

(Under Section 145 & 157 Cr.P.C.)

1. Chittoor District, Tiruchanoor Police, 2014, FIR No. 102, Date: 15-04-2014

2. (i) Act ………………………….. Sections : ……………………………

(ii) Act ………………………….. Sections : ……………………………

(iii) Other Acts & Sections: ……………………………………………

3. (a) Occurrence of Office: March, 31st, Monday, Night between 10.30 to 11.00 pm

(b) Information received from B. Ajay Kumar and K. NareshBabu at the Police Station about
11.25 pm, 31st March, 2014.

(c) General Diary Reference Entry No(s): 42, Time: 11.30 pm 31st March, 2014.

4. Type of Information : Written/ Oral

5. (a) Place of Occurrence : Tiruchanoor Road, Near Mango Mandi, Varanasi.

(b) Address: Srinivasapuram, Tiruchanoor Road, Varanasi-517 503

Varanasi Rural, Tiruchanoor Police Station Limits.

6. Complainant/ Informant

(a) Name: B. Ajay Kumar,

(b) Father‟s Name: B.K. Rao

(c) Date/ Year of Birth: 24-10-1994

(d) Nationality: Indian

(e) Passport No ………. Date of issue………… Place of issue ……….

(f) Occupation: Business

(g) Address: Telephone Colony, SrinivasaPuram, Varanasi.

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7. Details of known/ suspected/ unknown/ accused with full particulars. (Attach separate
sheet if necessary) …………………………………………………………….

8. Physical features deformities and other details of the suspect:

……………………………………………………………………

9. Contents of the Complaint/ Statement of the complainant or informant (Attach separate

sheets, if required).

10. Action taken. Since the above report reveals commission of offence (s) u/S as mentioned
at Item No. 2 Registered the case and took up the investigation/ directed ………………
Rank ……………… to take up the investigation FIR read over to the Complainant/
Informant, admitted to be correctly recorded and a copy given to the Complainant/ Informant
free of cost.

Signature of the Officer-in-charge Police Station

XXXXX
Tiruchanoor Police Station, Varanasi

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