BANARAS HINDU

UNIVERSITY

SESSION- 2019-20

DRAFTING, PLEADING AND CONVEYANCING

SUBMITTED BY: SUBMITTED TO:

Satish Kumar Dr. Chandra Nath Singh

Roll no. 53

Exam Roll no. 17225BLT053

Enrollment no. 397496

6th semester, B.A.LL.B. (hons.)

1
 ACKNOWLEDGEMENT

The success and final outcome of this project required a lot of guidance and
assistance from many people and I am extremely privileged to have got this
all along the completion of my project. All that I have done is only due to
such supervision and assistance and I would not forget to thank them.

I respect and thank to Dr. Chandra Nath Singh, our subject teachers, for
providing me an opportunity to do the project work and giving us all
support and guidance which made me complete the project duly. I am
extremely thankful to him for providing such a nice support and guidance,
although he had busy schedule managing the daily affairs.

I owe my deep gratitude to my friends, who took keen interest on the

project work and guided me all along, till the completion of the project work
by providing all the necessary information for developing a good system. I
would not forget to them for their encouragement and more over for their
timely support and guidance till the completion of our project work.

I heartily thank my parents for facilitating me with all the requirements. I

am thankful to and fortunate enough to get constant encouragement,
support and guidance from library staff, faculty of law, which helped me in
successfully completing our project work.

Satish Kumar

2
 TABLE OF CONTENTS
S. No. Topic Page No.

CIVIL PLEADINGS
1. Plaint 4-7

2. Written statement 8-11

3. Interlocutory Application 12,13

4. Original petition 14-17

5. Execution Petition 18-22

6. Memorandum of Appeal 23-25

7. Memorandum of Revision 26,27

8. Writ petition 28-29

CRIMINAL PLEADINGS

1. Complaint 30,31

2. Criminal Miscellaneous Petition 32,33

3. Bail Application 34,35

4. Memorandum of Appeal 36,37

5. Memorandum of Revision 38-40

6. Anticipatory Bail Application 41-43

7. Bail Application under Income Tax Act 44,45

3
 CIVIL PLEADINGS

PLAINT

IN THE COURT OF CIVIL JUDGE JR. DIV., VARANASI

CIVIL SUIT NO. 12440 OF 2019

In the matter of :-

Chirag Vashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Varanasi, Uttar Pradesh-221005 ………………PLAINTIFF

Versus

Shivam Mishra,

S/O Girish Chandra Mishra,

R/O House No. 100, Netaji Road,

Varanasi, Uttar Pradesh-221005 …………...DEFENDANT

Plaint filed on behalf of the Plaintiff under Order VII Rule 3 of Code of Civil Procedure,
1908.

Most Respectfully Showeth:

1. That the Plaintiff, hereinis a businessman by profession, and is engaged in the sale
and purchase of properties in and around at Lanka, Varanasi.

2. That the Defendant, herein is a sales manager by profession and work as full time
employee in Hector ventures Ltd., Varanasi.

3. That by agreement in writing dated 29.01.2019 the defendant contracted to sell to the
plaintiff, an open piece of land situated at Lanka, Varanasi for the sum of

4
 Rs.3,00,000/-on the terms and conditions contained in the said agreement. The copy
of agreement dated 29.10.2019 is annexed herein and marked as Annexure-A1.

4. That on the day of 05.02.2019, the Plaintiff paid to the Defendant a sum of
Rs.50,000/- being the earnest money payable in respect of the said sale as per clause
10 of the said agreement to sell dated 29.10.2019.

5. That thereafter on 20.02.2019 and again on 28.02.2019 the Plaintiff sent letters to the
Defendant calling upon him to complete the sale, and offering to pay him the balance
amount of Rs.2,50,000/-. The copy of letters dated 20.02.2019 and 28.02.2019 are
annexed herein and marked as Annexure-A2.

6. That despite several reminders as above stated and oral request by the plaintiff made
on several occasion, the Defendant has failed and neglected to complete the said sale,
whereby the plaintiff was put into unnecessary inconvenience and has also suffered
damage.

7. That the Plaintiff required the said land for the purpose of his business and that if
specific performance of the said agreement to sell dated 29.01.2019 is not granted, the
plaintiff will suffer irreparable loss, for which damage will not provide adequate
compensation.

8. That the said agreement to sell dated 29.01.2019 was entered at Lanka, Varanasi. The
property which is subject matter of the above stated agreement to sell dated
29.01.2019, relates is also situated at Lanka, Varanasi. The Defendant also resides and
in employed in Varanasi. This Hon’ble Court, therefore, has jurisdiction to entertain,
try and dispose off present suit.

9. That the present suit is filed within the period of limitation.

10. That for the purpose of Court fees and jurisdiction, the plaintiff values this suit at
Rs.3000/- and has paid the Court fees accordingly.

5
PRAYER

In view of what has been submitted herein above, it is, therefore. Most respectfully prayed
that this Hon’ble Court may be pleased,

(i) To order and decree to specifically perform the agreement dated 29.01.2019
executed between the Plaintiff and the Defendant, and to do all other acts deeds
and things as may be necessary to put the plaintiff in full and effective possession
of the said land;
(ii) To order Defendant to pay the Plaintiff the cost of the present suit; and
(iii) That such further and other relief may be granted to the plaintiff as the nature and
circumstances of the case may require and as Hon’ble Court deems fit.

Date: 15.03.2019 Plaintiff through Adv.

Place: Varanasi Satish Kumar

VERIFICATION

I, Plaintiff herein do hereby declare and verified at Varanasi on this day of March, 15, 2019
that the statements made herein above all are true to my knowledge. No part of it is false and
nothing has been concealed therefore.

Plaintiff

Chirag Vashistha

6
 AFFIDAVIT

I, Chirag Vashistha aged about 21 years son of Kamal Kishor Sharma residing at Lanka,
Varanasi and working as businessman do hereby solemnly affirm and declared hereunder:

1. That I am the Plaintiff in the aforesaid case and as such I am fully conversant with the
facts and circumstances of the case to depose in the matter.
2. That the statement made herein above are all true to my knowledge and same has
been drafted under my instructions. The same may be read as part of this affidavit and
the contents of the same are not repeated herein for the sake of brevity.

Deponent

7
 WRITTEN STATEMENT

IN THE COURT OF CIVIL JUDGE JR. DIV., VARANASI

CIVIL SUIT NO. ……………………. OF 2019

In the matter of :-

ChiragVashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Varanasi, Uttar Pradesh-221005 ………………PLAINTIFF

Versus

Shivam Mishra,

S/O Girish Chandra Mishra,

R/O House No. 100, Netaji Road,

Varanasi, Uttar Pradesh-221005 …………...DEFENDANT

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

MOST RESPECTFULLY SHOWETH:

That the Defendant above named state as follows:

PRELIMINARY OBJECTIONS:

1. That the present suit is gross abuse of the process of law and the same is liable to be
dismissed.

2. That the plaintiff has stated false frivolous misconceived facts in the present suit.
Hence, the present suit is liable to be dismissed.

8
 3. That the present suit is undervalued. It is pertinent to mention that the plaintiff has
paid court fee on Rs.3,00,000 that is only a part of whole consideration fixed between
the parties to the alleged agreement dated 29.01.2019. Therefore, the present suit is
liable to be dismissed.

PARA-WISE REPLY:

1-2.That the contents of para no. 1 and 2 of the plaint are a matter of records

and hence need no reply.

That the contents of para no. 3 are admitted as to the exclusion of the alleged
agreement dated 29.01.2019 and rest of the facts are denied. It is denied that the
alleged agreement to sell dated 29.01.2019 is regarding an open land belonging to the
Defendant. The Plaintiff has malafidely given a wrong description of the property
contained therein. It is pertinent to mention here that the subject matter of the property
includes not only an open land but also a house containing two rooms. The copy of
site plan is annexed and marked herein as Annexure-A.

4. That the contents of para no. 4 are denied. It is denied that the plaintiff has paid a sum
of Rs.50,000/- as an earnest money to Defendant.

5. That the contents of para no.5 are denied. It is denied that the Plaintiff has sent a
registered letters dated 20.02.2019 and dated 28.02.2019 to the Defendant for
completing sale. It is also denied that the plaintiff offered to pay consideration to
money to Defendant. It is pertinent to mention that the Defendant has never received
the alleged letters dated 20.02.2019 and 28.02.2019. Moreover, the copies of the
respective alleged letters annexed by the plaintiff are not registered but frivolously
made only to misguide this Hon’ble Court and to abuse the process of law.

6. That the contents of para no.6 are denied. It is denied that the plaintiff has made the
oral reminders and request to the defendant. It is denied that the Plaintiff has suffered
any inconvenience and damage.

9
 7. That the contents of para 7 are denied. It is denied that Plaintiff has suffered
irreparable loss, if the alleged agreement dated 29.01.2019 is not specifically
executed. It is also denied that plaintiff is entitled to any kind of compensation.

8. That the contents of para 8 are matter of record. Hence need no reply.

9. That contents of para 9 are matter of record. Hence need no reply.

10. That the contents of para 10 are denied. It is denied that the plaintiff has paid
appropriate court fee for the purpose of valuation of the suit.

PRAYER

It is therefore, most respectfully prayed that this Hon’ble Court may be pleased:

(i) To dismiss the present suit with special court;

(ii) To make such other order as this Hon’ble court may deem fit.

Date: 30.03.2019 Defendant Through Adv.

Place: Varanasi

VERIFICATION

I, Shivam Mishra the Defendant herein do hereby solemnly resolved and say that what is
stated in para no. 1 to 3 of the preliminary objections, para no. 1 to 10 of the para-wise
reply are true to my knowledge and belief. No part of it is false and nothing has been
concealed there from.

Defendant

10
 AFFIDAVIT
I, Shivam Mishra aged about 21 years son of Girish Chandra Mishra residing at Lanka,
Varanasi and working as sales manager in Hector ventures Ltd. do hereby solemnly affirm
and declared hereunder:

1. That I am the Defendant in the aforesaid case and as such I am fully conversant with
the facts and circumstances of the case to depose in the matter.
2. That the statement made herein above are all true to my knowledge and same has
been drafted under my instructions. The same may be read as part of this affidavit and
the contents of the same are not repeated herein for the sake of brevity.
Deponent

11
 INTERLOCUTORY APPLICATION

(Order 38 Rule 5 C.P.C)

IN THE COURT OF CIVIL JUDGE SR. DIV., VARANASI

APPLICATION NO. ………. /2019

IN

CIVIL SUIT NO. ……../2019

In the matter of :-

ChiragVashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Varanasi, Uttar Pradesh-221005 ………………PLAINTIFF

Versus

Shivam Mishra,

S/O Girish Chandra Mishra,

R/O House No. 100, Netaji Road,

Varanasi, Uttar Pradesh-221005 …………...DEFENDANT

Application for attachment of property before judgement

Sir,

The applicant most respectfully showeth:

1. That the Plaintiff’s suit, for recovery of Rs.5,00,000/- against the Defendant, is
pending in this Hon’ble court. The defendant has received the summons.

12
 2. That the Defendant has given advertisement in newspaper for sale of his
agricultural land. The copy of the advertisement is annexed herein and marked as
Annexure-1.

3. That the Defendant has no other property. Therefore, the suit of the Plaintiff will
fail.

PRAYER

It is therefore prayed before this Hon’ble Court, to pass an order for conditional attachment of
the Defendant’s property. Details of which, are herein annexed as Annexure-2.

Place: Varanasi

Date: 12/01/2019

Advocate for the Plaintiff

AFFIDAVIT

I, ChiragVashistha aged about 21 years son of Kamal Kishor Sharma residing at Lanka,
Varanasi and working as businessman do hereby solemnly affirm and declared hereunder:

1. That I am the Plaintiff in the aforesaid case and as such I am fully conversant with the
facts and circumstances of the case to depose in the matter.
2. That the contents of the accompanying Interlocutory application and the present
affidavit have been read over and explained to Deponent in the vernacular and the
same are correct and true to my knowledge and same has been drafted under my
instructions.

Deponent

13
 ORIGINAL PETITION

PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF THE HINDU

MARRIAGE ACT, 1955

IN THE FAMILY COURT, VARANASI

PETITION NO. …../2019

In the matter of :-

ChiragVashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Varanasi, Uttar Pradesh-221005 ………………PETITIONER

Versus

Kanchan,

D/O Ashok,

R/O House No. 51, Netaji Road,

Varanasi, Uttar Pradesh-221005 …………...RESPONDENT

The petitioner, herein under section 10 of the Hindu Marriage Act, 1955 states as follows:

1. That the Petitioner married to the Respondent in accordance with the Hindu vedic
rites on February 19, 2008 at Varanasi. The said has been registered with the
registrar of marriages.

2. That before and after the marriage, the Petitioner and the Respondent were Hindus
by Religion and were domicile of Varanasi.

3. That before the marriage the Petitioner was a bachelor aged about 28 years and the
Respondent was a spinster aged about 24 years.

14
4. That since the solemnization of the said marriage till November 2017, the
petitioner and the respondent lived peacefully and enjoyed life and
cohabited together.

5. That since 3rd day of March, 2018 the Respondent had abused the Petitioner in the
presence of the Petitioner’s father.

6. That after the aforesaid date, the Respondent has on several occasions abused the
Petitioner and his father in the presence of various persons of the locality.

7. That after the aforesaid date the Respondent has refused to cohabit with Petitioner.

8. That since the 12th day of May, 2018, the Respondent has deserted the Petitioner
without any reasonable cause and since then the Respondent has been living at
Allahabad separately even apart from her parents.

9. That the Respondent is having sexual relation with another person and the
Petitioner has come to know of the same from different persons of the locality.

10. That the Respondent mischievously and maliciously abused the Petitioner in
different ways and treated him such cruelty that it will be impossible to live with
the Respondent.

11. That there is no coalition with the Respondent in presenting this petition and the
same is being filed without any unnecessary improper delay.

12. That the said marriage was solemnized at Varanasi and the Petitioner and the
Respondent were residing at Varanasi, where the cause of Jurisdiction of the
Varanasi family Court arise.

13. That the notional value of the petition is Rs.500/- and the Court fee stamp of the
fixed amount has been affixed here for the purpose of jurisdiction and court fees.

15
PRAYER

The Petitioner therefore, prays before this Hon’ble court:

(i) That to pass a decree of judicial separation in favour of the Petitioner and
against the Respondent.

(ii) That the Respondent may be ordered to pay the costs of the petition to the
Petitioner.

(iii) That to pass any order which the court seems fit in the interest of the justice.

Petitioner

VERIFICATION

I ChiragVashistha, the above named petitioner do hereby solemnly state and declare
that the contents of Para 1 to 13 of this petition are true to my knowledge and belief.

Date:22.01.2019

Place:Varanasi

Adv. for the Petitioner

16
 AFFIDAVIT IN SUPPORT OF MATRIMONIAL PETITION

IN THE FAMILY COURT, VARANASI

NOTICE OF MOTION NO.......OF 2019

IN

PETITION NO................2019

I, ChiragVashistha above mentioned petitioner state as follows on solemn affirmation as

under:

1. That I say that I was married to Respondent on February 19 2008 at Varanasi

according to traditional Hindu rites. I had cohabited with the respondent at
Varanasi but had no issue.

2. That I say that after March 2018 that the respondent started abusing and had
inflicted cruelty towards me.

3. That I say that I have therefore prayed for a judicial separation of said
marriage in said petition.

4. That I therefore submit that this notice of motion made absolute with costs.

Solemnly affirmed at Varanasi on 3rd of April, 2019 before Registrar/ Superintendent

Civil Court, Varanasi.

Deponent

17
 EXECUTION PETITION

IN THE COURT OF CIVIL JUDGE, JUNIOR DIVISION, VARANASI

EXECUTION PETITION NO. …........2019

IN

CIVIL SUIT NO. 312 of 2019

In the matter of :-

ChiragVashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Varanasi, Uttar Pradesh-221005 …………DECREE HOLDER

Versus

Kanchan,

D/O Ashok,

R/O House No. 51, Netaji Road,

Varanasi, Uttar Pradesh-221005 ………...JUDGMENT DEBTOR

An application for execution of the decree under Rule 11 of Order XXI of CPC on
behalf of decree holder

The Decree holder named above most respectfully submits that he was Plaintiff in Suit No.
312 of 2019 precise description of which as follows:

1. That the Defendant was a tenant of B- 8/230 Kubernagar colony of which

plaintiff is the owner.

2. That on 13-07-2018 the Plaintiff gave the notice of eviction to the Respondent
due to urgent and bona-fide need.

18
 3. That the Respondent did not take the notice in proper manner and refused to
evict the house, as well as refused to pay the monthly rent.

4. That the Plaintiff had filed a suit for the eviction of the Defendant and also for
the recovery of the arrears of rent from 15-04-2018.

5. That the matter has been finally decided in plaintiff's favour and no appeal has
been preferred till date.

6. That it is therefore the decretal amount set forth in Performa attached herein
paid to the plaintiff.

Decree particulars whereof are stated in the column hereunder:

1. No. of Suit Suit No. 312/2019

2. Name of the parties (a.) ChiragVashistha,
S/O Kamal Kishor Sharma,
R/O House No. 63, Netaji
Road, Varanasi,
Uttar Pradesh-221005
(b.) Kanchan,
D/O Ashok,
R/O House No. 51, Netaji
Road, Varanasi, Uttar Pradesh-
221005
3. Date of Decree of which Judgment and Decree dated
execution is sought 12.01.2019 passed by Shri Raj
Kumar, Varanasi in Suit
no.312/2019
4. Whether an appeal preferred No
against the decree
5. Any part of decretal amount No

19
 or adjustment set off
6. Previous Application if any No
7. Amount with interest due Rs.17500
upon Possession of house
B-8/230 Kubernagar Colony
decree or other relief
8. Against whom to be (a.) Kanchan,
executed D/O Ashok,
R/O House No. 51, Netaji
Road, Varanasi, Uttar Pradesh-
221005
…….Judgment Debtor
9. Mode in which the (a.) By delivery of
assistance of the court is possession of B-
required 8/230 Kubernagar
Colony, Varanasi
(b.) By recovery of
decretal retail
amount by
attachment
10. Description of property to Motorcycle- Rs.30000
be attached
Refrigerator- Rs.9000

Cooler- Rs.3000

Furniture- Rs.22000

Television- Rs.13000 Total-

Rs.77000

VERIFICATION

20
I, ChiragVashisthathe above named plaintiff that what is stated and estimated in above table
is true to best of my knowledge belief and information.

Date- 13/3/2019

Place- Varanasi Plaintiff/ Decree Holder

Advocate

21
 AFFIDAVIT IN SUPPORT OF EXECUTION PETITION

IN THE COURT OF CIVIL JUDGE, JUNIOR DIVISION, VARANASI

EXECUTION APPLICATION NO........2019

IN

SUIT NO.......2019

In the matter of :-

ChiragVashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Varanasi, Uttar Pradesh-221005 …………DECREE HOLDER

Versus

Kanchan,

D/O Ashok,

R/O House No. 51, Netaji Road,

Varanasi, Uttar Pradesh-221005 ………...JUDGMENT DEBTOR

The Plaintiff decree holder do hereby affirms as follows:

1. That the Plaintiff decree holder is the applicant in present execution application.

2. That the Plaintiff is fully acquainted with the fact and circumstances of the case.

3. That the Performa attached with the application contains the true fact.

4. That the statement made above are true and nothing has been concealed.

Date: 13/3/2019

Place: Varanasi Deponent

22
 MEMORANDUM OF APPEAL

(UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908)

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. ... / 2019

In the matter of :-

ChiragVashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Jabalpur, Madhya Pradesh-221005 …………APPELLANT

Versus

Kanchan,

D/O Ashok,

R/O House No. 51, Netaji Road,

Jabalpur, Madhya Pradesh-221005 ………...RESPONDENT

Appeal against judgement and decree passed by District Judge, Indore on 10/10/2018 in Suit
No 1234 of 2018

To,

The Honourable Chief Justice

And the other Judges of the

Honourable High Court.

23
The abovenamedPlaintiff-Appellant appeals against the judgement and decree of the Court
of District Judge, at Indore, passed in Original Suit No 1234 of 2018 between
ChiragVashistha S/O Kamal Kishor Sharma v. Kanchan D/O Ashok dated 10/10/2018, 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 bona-fide occupation.

4. That the copy of the Judgment and the Decree against which this appeal has been
preferred is attached along with.

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

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

24
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 favour of Plaintiff-Appellant.

Place: Jabalpur (Signature of the Plaintiff-Appellant)

Date: 30.03.2019
Advocate for Plaintiff-Appellant

VERIFICATION

I, ChiragVashisthado 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 Jabalpur this 31st Day of March 2019.

Date: 31.03.2019 (Signature)

Place: Jabalpur Plaintiff-Appellant

25
 MEMORANDUM OF REVISION

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

CIVIL REVISION APPLICATION NO. …......./2019

In the matter of :-

ChiragVashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Varanasi, Uttar Pradesh-221005 .…APPLICANT/DEFENDANT

Versus

Kanchan,

D/O Ashok,

R/O House No. 51, Netaji Road,

Varanasi, Uttar Pradesh-221005 …...OPPONENT/PLAINTIFF

Civil Revision under section 115 of C.P.C

To,

The Honourable Chief Justice

And the other Judges of the

Honourable High Court.

The applicant named above humbly submits:

26
1. That the opponent had instituted a suit bearing No 117of 2018 in the court of Civil judge,
Senior Division, Varanasi for recovery of Rs.50000. On the ground of a promissory note
said to be due on the Applicant after selling opponents shop at Lanka Varanasi road.

2. That the Applicant submits that he had already paid Rs.750000 to the opponent as a cost
of the shop and no cost was due with regard to the said shop.

3. That the court decreed the said suit in the opponent on 28-04-2018 and ordered the
Applicant to pay the amount of the decree to the opponent.

4. That the Applicant being aggrieved by the said decree and judgement prefers this
application on the following ground:
a) That the decree and judgement passed by the learned judge is illegal and unjust.
b) That the judgement of the learned judge is erroneous in law that by passing the decree
on a promissory note which was not stamped.
c) That the learned judge erred in holding that the promissory note was executed by the
Applicant.
d) That the handwriting expert was not called inspite of the repeated request of the
Applicant.
e) That the learned judge erred in not appreciating the evidence of the Applicant and his
witnesses.
f) That in doing so, the learned judge in the exercise of the jurisdiction has acted with
illegality and a material irregularity.
g) That the said judgement is against justice, equity and good conscience and therefore
not substance in the court.

PRAYER
That in the aforesaid circumstances the Applicant submits that the Hon'ble court be pleased to
call for the records of the trying court and revise its judgement and decree in the interest of
justice.

Date: 12.01.2019
Place: Allahabad Applicant

27
 WRIT OF HABEAS CORPUS UNDER ARTICLE 226

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT PETITION NO. ......./2019

In the Matter of:

ChiragVashistha
R/o 16/850, MG Colony Varanasi,
District Varanasi
A detenue at present in Sigra Police Station.
AND
Shivam Mishra,
S/o Girish Chandra aged about 30,
Occupation- Business
R/o B16/380; MG Colony Varanasi ……PETITIONER

Versus
a) State of U.P.
b) Deputy Superintendent Of Police, Varanasi.
c) Station House Officer, Sigra, Varanasi .........RESPONDENTS

To,

The Honourable Chief Justice

And the other Judges of the

Honourable High Court.

The petitioner named above humbly submits:

1. That the Petitioner isa businessman carrying his business at Sigra and he is a cousin of
the above named detenue.

28
 2. That the above named detenue on 03.03.2019 exchanged some hot words with his
neighbour Mrs. Kanchan.

3. That on 04.03.2019 the police came and arrested the detenue at abount12:30 PM on
the assurance that after investigation the detenue would be released.

4. That on 05.03.2019 at about 7:00pm when the Petitioner went to police for making
inquiry about his brother, the police arrested abused him and told to go back.

5. That the detenue has neither been released nor produced before the magistrate within
24 hrs after making the arrest.

6. That the violation of the provision of Article 22(2) of the Constitution of India is
made by above named Respondents.

7. That the arrest made by the police in collusion with the detenue neighbour Mrs
Kanchan.

8. That the detenue is a loyal peaceful peace loving and law abiding citizen and not
connected in any way in criminal activity in his whole life.

PRAYER

In the light of aforesaid circumstances the Petitioner humbly and respectfully prays that your
Lordships may graciously pleased:

1. That to order the detenue to be brought before the Hon'ble Court for being dealt with
according to law.

2. That to declare the detention illegal unjust, unfair, unconstitutional.

3. That to order the detenue be set at liberty.

Date: 20.04.2019 Adv. for Petitioner

Place: Allahabad

29
30
 COMPLAINT

IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, VARANASI

CRIMINAL CASE NO. 13 OF 2019

In the matter of :-

ChiragVashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Occupation- Businessman

Varanasi, Uttar Pradesh-221005 ………COMPLAINANT

Versus

Shivam Mishra,

S/O Girish Chandra Mishra,

R/O House No. 100, Netaji Road,

Occupation- Businessman

Varanasi, Uttar Pradesh-221005 …………...ACCUSED

P.S. – Lanka, Varanasi

Complaint against offence under section u/s 454, 323 &504 of Indian Penal Code, 1860

May it please your honour, the complainant above named begs to state on solemn
affirmation as follows:

1. That the complainant is permanently residing in Netaji Road, Varanasi and he is a

peace loving person.

2. That on date 12-12-2018 about 11 PM the accused person came to the house of the
complainant with lathi and danda and entered in the house of the complainant and

31
 began to beat the complainant by lathi and Danda as such the complainant received
the serious injuries in his body.

3. That the information of the alleged occurrence was given to the concerned Police
Station at Lanka, Varanasi but the police did not lodge the FIR against the accused
person.

4. That the complainant went to the Sunder Lal Hospital at BHU, Lanka Varanasi on
13-12-2018 at about 8:00 AM and got examined by the doctor on the duty in
emergency room who prepared the medical report. The injury report is annexed
herewith this complaint.

5. That after that the complainant sent an application to the SSP by the registered post
regarding the aforesaid occurrence, but still no step has been taken by the police
concerned against the accused person. The aforesaid application and receipt of the
post office are annexed herewith this complaint.

6. That the complainant is moving the aforesaid complaint before your Honour's
Court.

7. That the place of occurrence is within your territorial jurisdiction for taking
cognizance of the aforesaid offence.

8. That in the interest of justice and humanity, summon the accused person in your
Honour's court and penalize him.
PRAYER
It is therefore, prayed that the Hon'ble court may be kind enough to take the cognizance of
alleged occurrence and the accused persons be penalized accordingly and may be
summoned and directed to face the trial according to law.

Date-05.01.2019 X
Place-Varanasi Complainant

32
 CRIMINAL MISCELLANEOUS PETITION
IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE,

TIRUPATI

CRIMINAL MISC. PETITION NO. ......./2019

In the matter of :-

ChiragVashistha,

S/O Kamal Kishor Sharma,

R/O House No. 63, Netaji Road,

Aged about -28 Years

Occupation- Businessman

Tirupati, Tamilnadu-221005 ………PETITIONER

Versus

Shivam Mishra,

S/O Girish Chandra Mishra,

R/O House No. 100, Netaji Road,

Aged about- 27 Years

Occupation- Businessman

Tirupati, Tamilnadu-221005 …………...RESPONDENT

P.S.-Lanka,Tirupati

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

The Applicant humbly submits as follows:

(1.) The Petitioner submits that he filed the above M.C. for grant of separate maintenance
on 31.12.2018 against the Respondent seeking a sum of Rs.500 per month to be
awarded.

33
 (2.) The Honourable Court, after due contest, by order dated 06.01.2019 granted
maintenance to the Petitioner directing the Respondent to pay a sum of Rs.400 per
month to the petitioner from 01.01.2019 and keep paying 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 01.01.2019 to
31.03.2019 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.

PRAYER
It is therefore most humbly prayed that in the light of aforesaid circumstances the Hon'ble
Court may be pleased to adjudge hold and declare
(1) That the petition is maintainable u/s128 of CrPC.

(2) That to pass the order to pay the maintenance with arrears.

(3) That to pass any other order which the Hon'ble Court may think fit for the
endof justice.

Date: 01.04.2019 X

Place:Tirupati Advocate for the Petitioner

VERIFICATON

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: 31.03.2019

Place:Tirupati Petitioner

34
 BAIL APPLICATION

IN THE COURT OF JUDICIAL MAGISTRATE, I CLASS, VARANASI

MISC APPLICATION NO. ...../2019

IN

CRIMINAL CASE NO......OF 2019

In the matter of:

Chirag S/O Kamal Kishor

Aged about- 25 Years,

R/O B-30/441 Nagwa,

Lanka, Varanasi …...ACCUSED/APPLICANT

Versus

State of U.P. ……….RESPONDENT

P.S. – Bhelupur, Varanasi

Application for Bail Under Section 437 (1) of CrPC

May it please your honour the accused above named humbly submits as follows:

1. That the accused is facing trial before this Hon'ble Court in case titled as State of U.P
v. Chirag for the offence under Sections 323 and 325 of IPC.
2. That this Hon'ble court was pleased to issue a Warrant and the Police has accordingly
arrested the accused/Applicant.
3. That the accused was not at all involved in the crime alleged in the said case.
4. That the accused is a permanent resident of Varanasi and earning livelihood by
working as a fruit vendor in trains.
5. The accused has his old parents dependent upon him and the accused is the only bread
earner for the family.

35
 6. That by getting the accused/applicant arrested the accused has been deprived of his
valuable fundamental right of liberty by abuse of powers and process of law by the
complainant.
7. That the accused 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.
8. That the accused will abide by all the conditions as imposed by this Honourable
Court.

PRAYER

It is, therefore, most respectfully prayed that this application for bail may kindly be
allowed in the interest of justice and the accused be released on bail upon such conditions
as this Hon’ble Court may deem fit.

Date: 15.02.2019
Place: Varanasi Advocate for Applicant

36
 MEMORANDUM OF APPEAL
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL NO. ....../2019

In the matter of:

Chirag S/O Kamal Kishor

Aged about- 25 Years,

R/O B-30/441 Nagwa,

Lanka, Varanasi …...APPELLANT

Versus

State of U.P. …….RESPONDENT

Appeal against the conviction and sentences under section 411 of IPC in Case No. 21 of 2018
by the learned Magistrate First Class, Varanasi

The Appellant above named most respectfully begs to state as follows:

1. That the appellant was charged under Section 411 of IPC for dishonestly receiving
stolen property at about 2:30 pm on 06.05.2018 at Saket Nagar, Varanasi.

2. That the prosecution case in brief was that on 06.05.2018 at about 2:30pm the police
acting on FIR lodged on 11.04.2018 came across the appellant having bicycle and
hence caught the appellant on suspicion.

3. That the learned Judge after receiving the evidence did not accept the innocence plea
of the accused and has convicted and sentenced the appellant to undergo 6 months
rigorous imprisonment and to pay a fine of Rs.350. A certificate copy of the said
judgement and order is annexed here to and marked as Annexure "A".

4. That that being aggrieved by the said order and judgement of the learned magistrate
the appellant here in begs to prefer this appeal on the following grounds:

37
 a) That the conviction is bad in eye of law because the learned magistrate erred in not
taking into account the basic principle of presumption of innocence in a criminal case.
b) That the learned magistrate should have disbelieved the evidence of prosecution
witness because the bicycle was an ordinary and common article and it was a
stupendous task to take identify the same in absence of any special mark on it.
c) That the leaned magistrate should have believed the defence witness who disposed
having seen articles sold to the appellant some five months prior to this incident.
d) That the judgement of learned magistrate is against the weight of evidence and
probabilities and is based on inference which are not sustainable in this Hon'ble
Court.
e) That in any event the sentence is extremely severe and therefore the same should be
reduced.
f) That the appellant submits that he has not filed any appeal in the Hon'ble Court prior
to this.

5. That the Appellant has been undergoing sentence and is at present in District prison
Varanasi.

PRAYER

That in view of aforesaid circumstances the Appellant prays that your honour may be pleased
to admit the appeal, call for the record, release the appellant pending disposal of the appeal on
bail and offer hearing of the case and set aside the order of conviction and sentence or pass
such other order as the ends of justice may call for.
Sd/-
Appellant

VERIFICATION
I, X, S/o A aged about 45 years, the above named appellant do hereby solemnly declare
and state that what is mentioned above is true to the best of my knowledge and belief.

Date: 13.03.2019
Palce: Varanasi Adv. For Appellant

38
 MEMORANDUM OF REVISION

IN THE HIGH COURT OF TAMILNADU

CRIMINAL REVISIONAL JURISDICTION

CRIMINAL APPLICATION NO. ........OF 2019

IN THE MATTER OF THE ORDER OF THE SESSION JUDGE, COIMBATORE

SENTENCING THE OPPONENT TO 6 MONTH'S RIGOROUS IMPRISONMENT,
AND A FINE OF RS.2000 IN CASE NO. 13 OF 2018

State of Tamil Nadu at the instance

of the District Superintendent of Police, Coimbatore. ........PETITIONER

Versus

Chirag

S/O Kamal Kishor

Aged About-21 Years,

R/O- 31 Kubernagar, Coimbatore,

Tamilnadu …………..ACCUSED/OPPONENT

The petitioner above-named most respectfully showeth:

(1.) The above-named opponent was arrested in Coimbatore on a charge under sections
307 and 326, I.P.C. for an attempt to murder and causing grievous hurt by dangerous
weapon. He was prosecuted and tried in the Court of the Session in case No. 13 of
2018 of that Court and the learned Sessions Judge was pleased to convict the accused
and sentence him to 6 month's rigorous imprisonment and to pay a fine of Rs.2000

39
(2.) While passing the final order of sentence after convicting the opponent, the learned
Judge remarked that he was pleased to take a lenient view of the offence taking into
consideration the youth of the opponent.

(3.) The learned Judge therefore passed a lenient sentence of 6 month's R.I. and a fine of
Rs.2000 on the opponent though the maximum sentence under Sections 307 and 326,
I.P.C. is imprisonment for life, or for 10 years. Though the prosecution prayed for
deterrent punishment on the ground that the injuries caused were of a very serious
nature and that the injuries were caused by a dangerous weapon during a communal
riot. The learned Judge turned down the prayer of the prosecution for a deterrent
punishment and showed leniency to the opponent by passing the order of sentence as
stated above. Hereto annexed and marked annexure ‘A' is the copy of the said order
and judgment.

(4.) Being aggrieved by the said order, the petitioner prefers this application for
enhancement of sentence passed on the opponent by the learned Judge on the
following amongst other grounds:

(a) That the injuries caused by the opponent (accused) were several and of a very
serious
nature;
(b) That the injuries were caused by a dangerous weapon, i.e., a dagger which was
possessed and carried by the accused when the possession and carrying of
weapons was banned by the order of the District Magistrate, Coimbatore
(c) That the opponent (accused) is a member of a gang of rioters habitually engaged
in communal orgy and riots and has made an attempt to murder by causing
grievous hurt to the complainant intentionally in the furtherance and prosecution
of the common object of a riotous mob.
(d) That the punishment for the offences is life or ten year's imprisonment and fine.

40
 PRAYER

In these circumstances Your Lordships' humble petitioner prays that Your Lordships may
graciously be pleased:

(1) To enhance the sentence passed on the opponent by the learned sessions Judge in case No.
13 of 2018of his Court; and

(2) To pass such other and further orders as Your Lordships may deem just, fit and proper in
the circumstances of the case.

And for this act of kindness Petitioner shall, as in duty bound, ever pray.

Date: 15.03.2019 Sd/-

Place: Coimbatore Dy. Superintendent of Police, Coimbatore

AFFIDAVIT

I, Rajiv Goel, Deputy Superintendent of Police, Coimbatore, do hereby solemnly declare that
what is stated above is true to the best of my knowledge, belief and information.

Sd/-

Dy. Superintendent of Police, Coimbatore

41
 ANTICIPATORY BAIL APPLICATION
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(CRIMINAL ORIGINAL JURISDICTION)
CRL.O.P.NO..... OF 2019
IN
CRIMINAL CASE NO. 312 OF 2018
(ON THE FILE OF THE INSPECTOR OF POLICE. POLICE STATION, GUINDY,
CHENNAI)

In the matter of:

Chirag,
S/O Kamal Kishor
Aged about 45 years,
Occupation- Business,
R/o 30/21, Guindy, Madras .......PETITIONER/ACCUSED

Versus
State of Tamil Nadu,
Rep. by its Inspector of Police,
Police Station,
Guindy, Chennai, ....RESPONDENT/COMPLAINANT
Police Station- Guindy, Chennai
Offence Under Section- 498A of I.P.C.
FIR No. 101 of 2019

PETITION FOR ANTICIPATORY BAIL FILED UNDER SECTION 438 OF Cr.P.C

MOST RESPECTFULLY SUBMITTED AS UNDER:

(1.) That the present FIR has been registered on false and bogus facts. The facts stated in
the FIR are fabricated, concocted and without any basis.

(2.) That the police has falsely implicated the applicant in the present case, the Applicant
is a respectable citizen of the society and is not involved any criminal case.

42
 (3.) That the facts stated in the complainant against the Applicant are false and does not
constitute any criminal offence at all.

(4.) That the Applicant is not required in any kind of investigation nor any kind of
custodial interrogation is required.

(5.) That the Applicant is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.

(6.) That the Applicant is a permanent resident and there are no chances of his absconding
from the course of justice.

(7.) That the Applicant undertakes to present himself before the police/court as and when
directed.

(8.) That the Applicant undertakes that he will not, directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police officer.

(9.) That the Applicant further undertakes not to tamper with the evidence or the witnesses
in any manner.

(10.) That the Applicant shall not leave India without the previous permission of the
Court.

(11.) That the Applicant is ready and willing to accept any other conditions as may
be imposed by the Court or the police in connection with the case.

PRAYER

It is therefore prayed that the court may direct the release the applicant on bail in the event of
his 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 favour of the applicant.

43
Date: 21.01.2019 XXXXXXXXXXXXXXX
Place: Chennai Counsel for Applicant

AFFIDAVIT

IChirag, S/o Kamal Kishor aged about 45 years, Occupation- Business, R/o 30/21, Lanka,
Madras solemnly affirm and state as follows:

1.That I am the petitioner in the above noted case.

2.That the facts stated above are true to the best of my knowledge and belief.

DEPONENT

44
 BAIL APPLICATION

UNDER SECTION- 279 OF THE INCOME TAX ACT, 1961

(ACCUSED IN CUSTODY)

IN THE COURT OF DISTRICT & SESSIONS JUDGE, VARANASI

CRI. MISC. BAIL APPLICATION NO. …….OF 2019

IN

CASE NO. ……/2018

In the matter of:

Chirag,

S/O Kamal Kishor,

Aged about 45 years,

Occupation- Business,

R/O 20/31 Lanka, Varanasi. ……………..APPLICANT

Versus

State of U.P. …………….OPPONENT

Sir,

Humble application for bail on behalf of the above noted applicant is as under:

(1) That the Applicant is quit innocent and has been falsely implicated in the noted acted
case due to enmity.

(2) That the Applicant has no information of the dates fixed in the case, has no summons
or warrant was served to him earlier.Hence, he could not appear before Hon’ble court
below earlier.

45
 (3) That there was no intentional default on the part of the Applicant in not appearing
before the Court. It was only for the lack of knowledge that the Applicant could not
appear.

(4) That the Applicant has never committed the breach of provisions of the income tax act
and no case under the aforesaid section is made out against him.

(5) That the Applicant is a respectable person and he has been member of the Lanka
chamber of commerce.

(6) That the Applicant is ready to furnish reliable surety and would appear before the
court to face the trail.

(7) That the Applicant has been under going treatment for high blood suger and has been
advised to take complete bed rest; the applicant is being injected regularly. In case he
remains in the jail for long time he might collapse.

(8) That although the process under section 82 &83 of Cr.P.C. were conducted against the
applicant in the month of December 2018. But due to illness as mentioned above the
applicant could not appear before the court below immediately after mention
condition.

(9) That the Applicant appealed for bail in the court below but the same was rejected.
Annexure ‘A’ is the true copy of the said order.

(10) That this is the first bail application of the applicant before the Hon’ble court.

(11) That the applicant is not a previous convict. That the Applicant is in jail.

(12) That no bail application for the applicant was ever moved or is pending or ever
rejected by the Hon’ble High Court.

46
 PRAYER

It is therefore humbly prayed that your honour may be pleased to release the applicant on
bail.

Date: 13.02.2019

Place:Varanasi Counsel for the Applicant

47