Saurabh Dubay advocate

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Enlarging jurisdictions @ delhi courts

Legal Drafts

MAY

27

Application u/s 482 CrPC

A broad approach to drafting of any Application / Petition / Complaint may be undertaken in three chronological “Heads” –

1. Reliefs prayed for / claimed;

2. Grounds for Reliefs prayed for / claimed; (both factual and legal);

3. Narration of facts substantiating the said grounds.

Further, there may be narration of such facts in the beginning of the draft, which would lay foundation for “material facts of the case”.

Grounds for Reliefs prayed for / claimed implies (a) the essence / conclusion of material facts; and (b) other legal provisions which supports the reliefs prayed for / claimed.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. _________OF 2015

Application u/s 482 of CrPC, 1973

_______________ …..Applicants

(Original Accused)

Versus

(1) The State of Maharashtra

(2) ________________ ….. Respondents

(Resp No.2 being the Original Complainant)

INDEX

Sr. No.

Particulars

Exhibit

Page No.

1

Synopsis, Authorities, Points to be urged

2

Memo of Application

4

Impugned Order of the Ld. Magistrate dated

“A”

5

“B”

6

Complaint of the Respondent No.2

“C”

7

“D”

8

Impugned Order of the Ld. Sessions Judge

“E”

9

“F”

10

Vakalatnama

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. _________OF 2015

Application u/s 482 of CrPC, 1973

_______________ …..Applicants

(Original Accused)

Versus

(1) The State of Maharashtra

(2) ________________ ….. Respondents

(Resp No.2 being the Original Complainant)

SYNOPSIS

Sr.No.

Date

Particulars

Exhibit

1

Complaint filed by Respondent No.2

2

Impugned Order passed by Ld. Magistrate

3

Summons issued by the Magistrates Court

4

Summons received by the Applicants

5

Revision Application filed by the Applicants

6

Impugned Order passed by Ld. Session Judge

THE ACTS TO BE RELIED UPON

The Criminal Procedure Code, 1973

The IPC / Negotiable Instruments Act, 1881

Any other as may be applicable.

THE AUTHORITIES TO BE CITED

Judgment at the time of hearing.

THE POINTS TO BE URGED

(a) “acts” and “omission” attributed towards the accused person in the FIR / Complaint does not constitute any offence; or

(b) No incidence of offence as alleged in the FIR / Complaint has happened; or

(c) the FIR / Complaint contains “bare allegation” without attributing “acts or omission” on the part of the accused person, towards the commission of the offences, that is to say, there is not an iota of any incriminating material against the accused so as to warrant the issuance of summons ;

(d) There are unimpeachable evidence to show that the offence could not have been committed by the accused person as alleged, and otherwise, the accused would be needlessly harassed of the inevitable agony of criminal trials.

(e) That Article 21 of the Constitution of India commands that “No person shall be deprived of his life and liberty” except according to the procedure established by law. In Criminal jurisprudence, the only safeguard available to an innocent person is the “scrupulous and strict adherence” to the procedure prescribed in concluding the “guilt of the accused person”. Thus, whenever, any of the “prescribed procedure” is not “duly followed and complied with”, and where such non compliance, expressly or by necessary implication, frustrate the personal liberty of the accused person, the violence to fundamental right of the accused enshrined under Article 21 of the Constitution is imminent. And therefore the impugned Order of the Ld. Magistrate is in breach of fundamental right of the Applicant, enshrined under Article 21 of the Constitution of India.

(f) That it is elementary principle of criminal jurisprudence that criminal liability arises on account of conduct, act or omission on the part of a person and not merely on account of holding an office or position in a Company.

(g) That institution of any judicial proceedings against a person carries an implicit degree of coercion and no judicial proceedings should be triggered at the whims and fancies of the litigants, which otherwise amounts to sheer harassment, embarrassment, and substantial expenses to the person saddled with unwarranted litigation and most importantly, causes the waste of the precious time of the court in hearing the frivolous and meritless litigations.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. _________OF 2015

Application u/s 482 of CrPC, 1973

IN THE MATTER OF

Sections 482 and ____ of Criminal Procedure Code, 1973;

AND

Sections ____ of the IPC / Negotiable Instruments Act, 1881;

AND

FIR registered / Impugned Order passed by Ld. Magistrate in Criminal Complaint

(Full title)

_______________ …..Applicants

(Original Accused)

Versus

(1) The State of Maharashtra

(2) ________________ ….. Respondents

(Resp No.2 being the Original Complainant)

THE HONOURABLE CHIEF JUSTICE

AND OTHER PUISNE JUDGES OF

THE HONOURABLE HIGH COURT

OF JUDICATURE AT BOMBAY

THE HUMBLE APPLICATION OF THE APPLICANTS ABOVENAMED

MOST RESPECTFULLY SHEWETH.

1. The Applicants state that Applicant (brief introduction )

2. The Applicants state that the Respondent No.2 (brief introduction)

3. The Applicants state that the dispute between the Applicants and Respondent No.2 pertains to ___________. Hereto annexed and marked as Exhibit “A” the copy of said _____

4. The Applicants however state that the Applicants in this Application are confining their arguments on the point of the abuse of the process of the Court by Respondent No.2.

5. The Applicants state that pursuant to FIR / Complaint No._____ dated ________ filed by the Respondent No.2 hereinabove, the concerned SHO of the said Police station registered an FIR / Ld. Magistrate passed an Order dated ____, inter alia, for the issuance of Process against the Applicants, returnable on _______. Hereto annexed and marked as Exhibit “B” the copy of impugned Order dated _____ and Exhibit “C” the copy of FIR / Complaint filed by Respondent No.2 dated _____

Other submissions…

(15) The Applicants state that after careful reading of FIR / Complaint as a whole, it can safely be argued that –

(a) “acts” and “omission” attributed towards the accused person in the FIR / Complaint does not constitute any offence; or

(b) No incidence of offence as alleged in the FIR / Complaint has happened; or

(c) the FIR / Complaint contains “bare allegation” without attributing “acts or omission” on the part of the accused person, towards the commission of the offences, that is to say, there is not an iota of any incriminating material against the accused so as to warrant the issuance of summons ;

(d) There are unimpeachable evidence to show that the offence could not have been committed by the accused person as alleged, and otherwise, the accused would be needlessly harassed of the inevitable agony of criminal trials.

(16) The Applicants submit that Article 21 of the Constitution of India commands that “No person shall be deprived of his life and liberty” except according to the procedure established by law. In Criminal jurisprudence, the only safeguard available to an innocent person is the “scrupulous and strict adherence” to the procedure prescribed in concluding the “guilt of the accused person”. Thus, whenever, any of the “prescribed procedure” is not “duly followed and complied with”, and where such non compliance, expressly or by necessary implication, frustrate the personal liberty of the accused person, the violence to fundamental right of the accused enshrined under Article 21 of the Constitution is imminent. And therefore the impugned Order of the Ld. Magistrate is in breach of fundamental right of the Applicant Nos.3, 5 and 6, enshrined under Article 21 of the Constitution of India.

(22) The Applicants state that there is not an iota of evidence produced by the Respondent No.2 so as to suggest that there exist any ground whatsoever to proceed against Applicant Nos.3, 5 and 6.

(23) The Applicants state that it is elementary principle of criminal jurisprudence that criminal liability arises on account of conduct, act or omission on the part of a person and not merely on account of holding an office or position in a Company.

(24) The Applicants state that to launch a prosecution against the directors, there must be specific allegation in the Complaint, as to the part played by them in the transaction.

(25) The Applicants submit that institution of any judicial proceedings against a person carries an implicit degree of coercion and no judicial proceedings should be triggered at the whims and fancies of the litigants, which otherwise amounts to sheer harassment, embarrassment, and substantial expenses to the person saddled with unwarranted litigation and most importantly, causes the waste of the precious time of the court in hearing the frivolous and meritless litigations.

(26) GROUNDS FOR RELIEF PRAYED

(a) “acts” and “omission” attributed towards the accused person in the FIR / Complaint does not constitute any offence; or

(b) No incidence of offence as alleged in the FIR / Complaint has happened; or

(c) the FIR / Complaint contains “bare allegation” without attributing “acts or omission” on the part of the accused person, towards the commission of the offences, that is to say, there is not an iota of any incriminating material against the accused so as to warrant the issuance of summons ;

(d) There are unimpeachable evidence to show that the offence could not have been committed by the accused person as alleged, and otherwise, the accused would be needlessly harassed of the inevitable agony of criminal trials.

(27) The Applicants submit that there has been no delay in preferring this Application.

(28) The Applicants state that the impugned Order is passed by Ld. Magistrate at ______Court at Esplanade Courts at Mumbai; and the impugned Order was passed by the Ld. Session Judge at the ____ Court of the City Civil and Session Court at Mumbai. The Applicants states that, therefore, this Hon’ble Court can safely invoke their jurisdiction to entertain the present Application and grant reliefs as prayed; and pass authoritative Orders against the Respondents.

(29) The Applicants further submit that Applicants have not filed any other proceedings in any Court of law or in the Supreme Court, against the Respondents herein, in respect of the reliefs prayed in this Application.

(30) The Applicants, with the leave of the Hon'ble Court, be allowed to add / amend / delete any clause in the present Application.

(31) The Applicants therefore, most respectfully pray as under –

(a) That the impugned FIR / Order of issuance of process by the Ld. Magistrate at ___ Court at Esplanade Courts, in the above Complaint No., dated ___ against Applicant Nos._____, and that of the Ld. Session Judge dated _____ be quashed and set aside;

(b) That during the pendency of the present Application, ex*****on of Order dated _______ and proceedings in the above Complaint against Applicant Nos._______ be stayed;

(c) Any other relief as this Hon’ble Court deems fit having regard to facts and circumstances of the case.

Advocate for the

Applicants

Applicant

Verification

I, _______, the Applicant hereinabove, do hereby solemnly declare that what is stated in Paras ____ are true to my own knowledge, and what is stated in Paras ______ are based on information and legal advice which I believe to be true and correct.

Solemnly declared at Mumbai )

This Day of _____, 2015 )

Applicant

Before me

Substantive law:

http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-inherent-powers-of-hc.html

Find updated draft at / and any other Legal issues !!

If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.

or

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Format of Civil Appeal

In the Court of Shri ______________________

___________ Vs. ___________

CIVIL APPEAL

Report of the Local ________

Sir,

The Local ___________- submits the following report :-


That I was appointed as a Local ____________ by this Hon’ble court vide order dated _________ with the directions to visit the spot and to submit the report about the existing position of the suit property alongwith rough site plan after issuing Notice to the parties.
As per the directions of this Hon’ble court, I served notices upon the counsels for the parties intimating them to come present on the spot on __________ at about _________. I reached the spot on ________ at __________ and firstly I prepared the memo of appearance of the parties. Both the counsels of the parties were present at the spot. I prepared a rough site plan at the spot which is enclosed herewith this report. I visited the spot and prepared the following report: –
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NO BAR FOR PRE-SENTENCE HEARING ON THE SAME DAY

TENANTS BE EVICTED ONLY BY PROCEDURES IN RENT CONTROL LAWS

DIFFERENCE BETWEEN IPC CRPC SECTION 464

1- That I entered into the property in dispute from _________ and I found that there is _____ portion just adjacent to the ________. The property is facing towards the _________side. On the main gate I found ________ and the wall with the main gate. The wall was ___. and the same was newly constructed. I found that there were _____ rooms and _____. There were total _ pillars on which the ______ is entangled. There were ____ pillars in the middle of the _____ and these rooms were old constructed rooms probably constructed about _ years ago. I found there was kitchen foundation and wall adjacent to the same was _______ Ft. in height. I found lying dust with the _____ wall of the said property. On the western side I found ____, which were also newly constructed. The _____ wall is the joint wall of Shri ______ and _________. In the _________ side there is _______ land in which ________ is standing. I also found the ____ _______ outside the gate and ______ inside the property and property is bounded as under:-



East – _____________
West – _____________
North – ______________
South – ______________
It is, therefore, prayed the Local ____________ report may kindly be accepted in the interest of justice.

Dated Local _________.

*URGENT*

Full time Company Secretary required in a company coming up with SME IPO.

Location : NOIDA Sector 2

Candidate shall be well versed with all Secretarial work and active worker.

No work from home available.

Please mail resume on [email protected].

*Please do not send messages and Mail for any clarification.*