Drafting and Pleading

 

Civil Pleading

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In the Court of Civil Judge Junior Division, Munger Suit No............. of 2010

Amar Kumar, s/o Anand Prasad aged about 38 years resident of Mohalla Madhopur, Munger    .......Plaintiff Versus Sunil Kumar, s/o Amrendra Kumar aged about 40 years resident of Mohalla Nayatola, Munger .......Defendant Suit for against agent for delivering of account

The plaintiff above named begs to submit as follows: 1.  That under a registered general power of attorney executed in March 2-3-2010 Late A father of the plaintiff, appointed Y, the defendant, as his authorised agent to collect rents of his houses property situated in Munger. 2.  That the defendant started collection of rents from the month of April 2009 and has  been doing so till this date. 3.  That the said Anand Prasad died in the month of May 2008 leaving behind only the Plaintiff, his only heir. 4.  That the particulars and full details of the collection made by the defendant are not known to the Plaintiff up to this time. The defendant has not rendered any account of money received by him in behalf of father of the plaintiff. 5.  That the plaintiff several times requested the defendant to deliver up to date the accounts but he certainly failed to do so deliberately. deliberatel y. 6.  That the cause of action arose on June 15 2008 and further on June 23 2008 when the  plaintiff demanded up to date accounts from the defendant and defendant refused to do so. 7.  That the parties reside within the local jurisdiction of this court and the court is competent to try the same. 8.  That the value of the suit for the purposes of court fees and jurisdiction is Rs. 4000 and requisite court fee being paid of the same. Prayer

1.  A full and complete account of the amount realised by the defendant on behalf of the  plaintiff. 2.  A decree for the payment of rent collected by the defendant on behalf of the plaintiff. 3.  Cost of the suit in favour of the plaintiff. 4.  Such other and further relief as the court may deem fit and proper. Amar Kumar Plaintiff

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Saket Chandra Samayar Advocate

Verification

I, Amar Kumar s/o Anand Prasad declare that the contents of Paras 1 to 8 of this plaint are true to my personal knowledge. The Plaint and the Verification has been verified by me within the compound of Civil Court, Munger. Amar Kumar Date- January 20, 2010

Plaintiff

Place- Munger

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Affidavit

In the Notary Public, Munger Affidavit No...........of 2010

in Suit No............. of 2010

I Amar Kumar, s/o Anand Prasad aged about 38 years resident of Mohalla Madhopur, P.S.Kotwali District- Munger, Religion- Hindu, Nationality- Indian do hereby affirm and state the following1.  2.  3.  4. 

That I am plaintiff in above mentioned case. That the plaintiff is fully acquainted with the fact and circumstances of the case. That the Performa attached with the application contains the true fact. That the statements made above are true and nothing has been concealed.

Date- 20 January 2010 Place- Munger

Amar Kumar Deponent

I identified the deponent who has signed in my presence.

Advocate

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(WRITTEN STATEMENT)

In the Court of Civil Judge Junior Division, Munger Suit No........ of 2010

Amar Kumar, s/o Anand Prasad aged about 38 years resident of Mohalla Madhopur, Munger    .......Plaintiff Versus Sunil Kumar, s/o Amrendra Kumar aged about 40 years resident of Mohalla Nayatola, Munger .......Defendant Written statement on behalf of Sunil Kumar, Defendant above named, is as follows1.  2.  3.  4.  5. 

That the content of Para 1 of the plaint are denied. That the contents of Para 2 and Para 3 of the plaint are not admitted. That the contents of Para 4 of the plaint are ar e not admitted. That the contents of Para 5 of the plaint are denied. That the contents of Para 6 and Para 8 of the plaint need no reply.

6.  That the money and as when received by the defendant was delivered to the plaintiff. plai ntiff. 7.  That the defendant used to give details of accounts every month to the plaintiff and the plaintiff used to sign on the account book. 8.  That the claim of the plaintiff is false and fabricated and no amount is due on the defendant. 9.  That the suit of the plaintiff may be dismissed with special cost to the defendant.

Sunil Kumar Defendant Sanjay Singh Advocate Verification That the contents of Para 1 to 9 of this written statement are true of my personal knowledge. This has been verified on this 30th January of 2010 within the Court compound of Munger.

Date- Febuary 23, 2010 Place- Munger

Sunil Kumar Defendant

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Affidavit

In the Notary Public, Munger Affidavit No...........of 2010

in Suit No............. of 2010

I Sunil Kumar, s/o Amrendra Kumar aged about 40 years resident of Mohalla Nayatola, P.S.Kotwali District- Munger, Religion- Hindu, Nationality- Indian do hereby affirm and state the following1.  2.  3.  4. 

That I am defendant in above mentioned case. That the defendant is fully acquainted with the fact and circumstances of the case. That the Performa attached with the application contains the true fact. That the statements made above are true and nothing has been concealed.

Date- 23 February, 2010 Place- Munger

Sunil Kumar Deponent

I identified the deponent who has signed in my presence.

Advocate

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(Interlocutory (Interlocu tory application for attachme attachment nt of property before judgement) (Order 38 Rule 5 of CPC)

In the court of Civil Judge, Senior Judge, Munger Application No 125/2010 In Suit No 234/2007 X, S/o A R/o Kumharpatti, Munger .....Petitioner(Plaintiff) Versus Y, S/o B R/o Manaitand, Munger .....Respondent(Defendant) Application for attachment of property before judgement (Order 38, Rule 5 of CPC)

Sir, The applicant respectfully states as under: 1.  That the plaintiff suit is pending in the Hon'ble Court for suit for recovery of Rs 10 Lac against the defendant. The defendant has received summons. s ummons. 2.  That the defendant has given the advertisement in the newspaper for sale of her agricultural land. 3.  That the defendant has no other property therefore suit of the plaintiff will fail. Prayer

It is therefore prayed to pass an order for conditional attachment of the defendant  property. Details are given in Annexure 2. Place- Munger Date-January 12, 2010

X Petitioner

XXXXXXXXXXXXXXX Advocate

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Affidavit

In the Notary Public, Munger Affidavit No...........of 2010

in Suit No 234 of 2007

I X, s/o A aged about 40 40 years resident of of Kumharpatti, P.S.- Kotwali District- Munger, Religion- Hindu, Nationality- Indian do hereby affirm and state the following1.  2.  3.  4. 

That I am defendant in above mentioned case. That the defendant is fully acquainted with the fact and circumstances of the case. That the Performa attached with the application contains the true fact. That the statements made above are true and nothing has been concealed.

Date- January 12, 2010 Place- Munger

X Deponent

I identified the deponent who has signed in my presence.

Advocate

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(Petition for judicial separation under section 10 0f Hindu Marriage Act 1955)

In the Family Court, Varanasi Petition No......./2005

Mrs X, W/o Y aged 28 R/o Lanka, Varanasi

.....Petitioner Versus

Y, S/o A aged about 37 R/o Lanka, Varanasi

.....Respondent

The petitioner above named under section 10 of the Hindu Marriage Act 1955 states as follows: 1.  The petitioner submits that she is legally married wife of the respondent. This

marriage was celebrated in the year 2001 at Varanasi. At the time of marriage the petitioner's parents gave 25 thulas of gold and Rs. 2,00,000/- in cash as dowry to the respondent. The marriage was consummated immediately. 2.  The petitioner submits that, she is the legally married wife of the respondent.

Their submits that respondent has started his nursing home at Ambrosia colony and gained good reputation and were happy for 2 years i.e., since 2004 his life started to have ups and downs. 3.  The petitioner submits that the respondent slowly cultivated the bad habits and

 became share to alcohol and used to have ephedrine ephedri ne etc. So have slowly began to lose his sexual potency and attach become a total impotent. When he has  been taken to Fortis Hospital, Delhi, the doctors have concluded that he lost his potency because of excessive narcotic drugs and alcohol. The respondent  became frustrated in his life. He gave up his practice slowly the petitioner ssold old her jewels to maintain the family. famil y. Her parents also helped to some extent. 4.  The petitioner submits that because of inferiority complex the respondent

started to suspect the character of the petitioner. He used to abuse her with vulgar and filthy words that, she had illegal connections with others. He used to abuse her even, if beggar stands in front of the house, as the beggar is awaiting for her. She tolerate all these mental torture added to this the respondent used to put cigarettes on her breast thighs and other private parts

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and burn them. He enjoys her screaming. Sometimes he gagged her mouth with cloth and subject her to physical cruelty. 5.  The petitioner further submits that on 10.02.2004 he made her naked put the

 blade on her left breast and applied chillies powder on the wound she cried loudly apprehending danger and her neighbour and her mother-in-law came there and saved her from the clutches of the respondent than on 11.02.2004 she came away to her parents house. She apprehends danger to her parents house also. She apprehends danger to her life in the hands of the respondent and it is impossible for her to live with such sadistic husband. Hence the  petition for Judicial separation Filed. 6.  The cause of action for this petition for Judicial Separation arose on

01.02.2001 the date of marriage and also 10.02.2004 when she frightened of her life ran away to her parents house continues de divindum with the  jurisdiction of this honourable court

 

7. The petitioner submits that no similar petitioner has been filled so far before

any court. Prayer 1.  That to pass a decree of judicial separation in favour of the petitioner and against the respondent. 2.  That the respondent may be ordered to pay the costs of the petition to the  petitioner 3.  That to pass any other order which the court seems fit in the interest of justice. X Petitioner Advocate Verification 

I X, the above named petitioner do hereby solemnly state and declare that the contents of Para 1 to 7 of this petition are true to my knowledge and belief. Date-October 10, 2005 Place-Varanasi

X Petitioner

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Affidavit 

In the Family Court, Varanasi Affidavit No.......of 2005 In Petition No.......2005

Mrs X, W/o Y aged 28 R/o Lanka, Varanasi

.....Petitioner Versus

Y, S/o A aged about 37 R/o Lanka, Varanasi

.....Respondent

I, X above mentioned petitioner state as follows on solemn affirmation as under: 1.  That I say that I was married to respondent on February 19 2001 at Varanasi according to traditional Hindu rites 2004. I had cohabited with the respondent at Varanasi but had no issue. 2.  That I say that after February 2004 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.

Place-Varanasi

X

Date-October 10, 2005

Deponent Before me XXXXXXXX Registrar/ Superintendent

I identified the deponent who has signed in my presence.

Advocate

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(Execution Petition)

In the Court of Civil Judge, Junior Division, Varanasi Execution Application No........2012 In the matter of Suit No.......2011

X, son of A aged about 49 R/o 1017, Civil Lines, Varanasi ....................Plaintiff Versus Y, son of B aged about 45 R/o 8/230, Kubernagar, Varanasi ................Defendant An application under Rule 11 of Order XXI of CPC The plaintiff decree holder named above most respectfully submits that he was  plaintiff in Suit No....2011 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 13-07-2010 the plaintiff gave the notice of eviction to the respondent dur to urgent and bonafide need. 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 from the recovery of the arrears of rent on 15-04-2010. 5.  That the matter has been finally decided plaintiff's favour and no appeal has  been preferred till date. 6.  That it is therefore the decreetal amount set forth in proforma attached herein  paid to the plaintiff. Details of Decree 1.   Number of Suit .......2011 2.   Name Of Parties (a) X, S/o A aged about 49 R/0 Civil lines, Varanasi (b) Y, S/o B aged about 45 R/o 8/230 Kubernagar, Varanasi 3.  Date of Decree 4.  Whether appeal preferred against

18/11/2010 No Page 12 of 45 

 

5.  Any part of decreetal amount or adjustment set off 6.  Previous Application if any 7.  Amount with interest due upon house B-decree or other relief Colony 8.  Against whom to be executed 9.  Mode in which the assistance of  possession the court is required Kubernagar Varanasi recovery of decreetal amount by

None None (a)Possession of 8/230 Kubernagar (b) 17500 against defendant (a) by deliver of of B-8/230 Colony, (b) By retail attachment

Description of Property to be attached Property 1.  Motorcycle 2.  Refrigerator

Amount Rs 30000 Rs 9000

3.  Cooler 4.  Furniture 5.  Television

Rs 3000 Rs 22000 Rs 13000 Rs 77000

Verification

I, X the above named plaintiff that what is stated and estimated in above table is true to best of my knowledge belief and information. Date- 13/3/2012 Place- Varanasi

X Petitioner

Advocate

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Affidavit 

The Notary Public, Varanasi Affidavit No..........

Execution Application No........2012 In the matter of Suit No.......2011 X, son of A aged about 49 R/o 1017, Civil Lines, Varanasi ...................Plaintiff Versus Y, son of B aged about 45 R/o 8/230, Kubernagar, Varanasi ................Defendant

The plaintiff decree holder do hereby affirms as follows: 1.  2.  3.  4. 

That the plaintiff decree holder is the applicant in present execution application. That the plaintiff is fully acquainted with the fact and circumstances of the case. That the Performa attached with the application contains the true fact. That the statements made above are true and nothing has been concealed.

Date- 13/32012 Place- Varanasi

X Deponent

I identified the deponent who has signed in my presence.

Advocate

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(Memorandum (Memorandu m of Appeal)

(Under Section 96, CPC) In the High Court of Patna at Patna Civil Appellate Jurisdiction Civil Appeal No. ... / 2005

A. B. s/o B. C. 123, A B Road, Patna, Bihar .........................................Plaintiff /Appellant  Versus M. N. s/o O. P. 456, A B Road, Patna, Bihar

...................................... ...................................... Defendant/Respondent 

(Appeal against judgement and decree passed by District Judge , Indore on 10/10/2009 in Suit No 1234 of 2005) To, The Honourable Chief Justice And the other Judges of the Honourable Court

The aforementioned Plaintiff-Appellant appeals against the judgement and decree of the Court of District Judge, at Indore, passed in Original Ori ginal Suit No 1234 of 2005 between A. B s/o B. C vs M.N s/o O. P., dated 10/10/2005, 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 contrar y 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 along with. Page 15 of 45 

 

(5) That the Learned Lower Court has having answered the first issue i ssue 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 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 of plaintiff-appellant.

Place: ………………….  ………………….  Date: …………………..  ………………….. 

(Signature of the Plaintiff-Appellant)

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 are false and nothing material has been concealed therein. Date: October 4, 2005 Place: Patna

(Signature) Plaintiff-Appellant

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(Memorandum (Memorand um of Revision)

In The High Court of Judicature at Allahabad Civil Revision Application No.......2012 X, S/o A aged about 58 years R/o Assi In, Varanasi ...........Applicant/Defendant Versus Y, S/o B aged about 50 years R/o Lohatak, Varanasi ...........Opponent/Plaintiff Civil Revision u/s 115 of C.P.C To, The Honourable Chief Justice And the other Judges of the Honourable Court The applicant named above humbly submits: 1)  That the opponent had instituted a suit bearing No 117of 2005 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 hat 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 28-04-2010 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 for the applicant. e)  That the learned judge erred in not appreciating the evidence of the t he applicant and his witnesses. f)  The 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 equit y and good conscience and therefore not substance in the court. h)  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 decree in the interest of justice.

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Date:.................. Place:.................

X Applicant Advocate

Verification 

I, ______, do hereby verify that the contents from Para 1 to 5 are correct and a nd true to the best of my knowledge and personal belief and no part of it are false and nothing material has been concealed therein. Date: November 4, 2012 Place: Allahabad

(Signature) Appellant/ Defendant

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Affidavit

In The High Court of Judicature at Allahabad Affidavit No............. Civil Revision Application No.......2012

X, S/o A aged about 58 years R/o Assi In, Varanasi ...........Applicant/Defendant Versus Y, S/o B aged about 50 years R/o Lohatak, Varanasi ...........Opponent/Plaintiff

The applicant do hereby affirms as follows: 1.  That the applicant decree holder is the applicant in present execution application. 2.  That the applicant 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 statements made above are true and nothing has been concealed. Date- November 4, 2012 Place- Allahabad

X Deponent

I identified the deponent who has signed in my presence.

Advocate

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(Writ of Habeas Corpus under Article 226)

In the High Court of Judicature at Delhi Writ Petition No........of 2010

In the Matter of X R/o 16/850, MG Colony, District Delhi A detenue at present in Tis Hazari Police Station. And In the Matter of Article 226 of the Indian Constitution and Article 22(2) of the Constitution Y, S/o B aged about 38, Occupation- Business R/o B16/380; MG Colony, Delhi .......Petitioner Versus a)  State of Delhi  b)  Deputy Superintendent of Police, Delhi c)  Station House Officer,Tis Hazari, Delhi

.........Respondent

To, The Honourable Chief Justice And the other Judges of the Honourable Court. The petitioner named above humbly submits: 1.  That ht petitioner is the businessman carrying carr ying his business at Sigra and he is a cousin of the above named detenue. 2.  That the above named detenue on 03-03-2010 exchanged some hot words with his neighbour Mr Z. 3.  That on 4-03-2012 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 05-03-2009 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 respondent. 7.  That the arrest made by the police in collusion with the detenue neighbour Mr Z. Page 20 of 45 

 

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. lif e.

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: ..............

Counsel for Petitioner.

Place:..............

XXXXX

Verification 

I, ______, do hereby verify that the contents from Para 1 to 8 are correct and true to the best of my knowledge and personal belief and no part of it are false and nothing material has been concealed therein. Date: March 12, 2010

(Signature)

Place: Delhi

Petitioner

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(WRIT OF MANDAMUS)

IN THE HON’BLE SUPREME COURT OF INDIA  INDIA  (Original Civil Jurisdiction) Writ Petition No.......2006

AA., son of BB, resident of Lanka, Varanasi .............Petitioner Versus

1. Collector,Varanasi 2. State of U.P ..........Respondents Petition under Article 32 of the Constitution for the issue of a writ of mandamus. To The Hon’ble the Chief Justice and his companion Judges of the Hon’ble Supreme Supre me Court of India

The above named Petitioner begs to submit as under:

1. That the Petitioner is the owner of a plot of land numbered 22 in Cantonment at Varanasi detailed in Annexure ‘‘A’’ to this petition. p etition. 2. That on 22/12/2005 a notification under Section 4 of the Land Acquisition Act, 1894, was  published that certain land including the Petitioner’s aforesaid plot was needed for a public public  purpose. 3. That the Petitioner filed objections to the proposed acquisition of his plot under Section 5A of the Act. 4. That the objections filed by the petitioner were heard by b y the Collector on 01/01/2006 and thereafter he submitted his report with recommendations to the State Government. 5. That the State Government accepted the report and recommendations of the Collector and rejected the objections filed by the petitioner.

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6. That 13/01/2006 the State Government made the declaration under Section 6 of the Act. 7. That on 15/01/2006 the Petitioner received a notice under Section 9 of the Act, to state his claim to compensation for his plot which was under acquisition. 8. That on 16/01/2006 the Petitioner filed his claim to compensation claiming Rs 20 Lacs as compensation for the acquisition of his plot. 9. That on 21/01/2006 the Collector gave his award determining a sum of only Rs 4 Lacs as compensation for the Petitioner’s plot. 10. That the award was filed in the Collector’s Office Off ice and notice of the same was given to the Petitioner. 11. That the compensation awarded by the Collector for the Petitioner’s plot was grossly inadequate and the Petitioner did not accept it. On 24/01/2006 the Petitioner made an application under Section 18 of the Act to the Collector requesting that the t he matter be referred for determination to the District Judge. 12. That though under Section 18 the Collector was bound to refer the matter of compensation to the District Judge he has declined to do so.

Prayer It is, therefore, most respectfully prayed that a writ, direction or order in the nature of mandamus be issued to Respondent No. 1 directing him to refer the matter of compensation for the Petitioner’s plot for determination to the District Judge.  Judge.  

Date: ..............

Counsel for Petitioner.

Place:..............

XXXXX Verification 

I, ______, do hereby verify that the contents from Para 1 to 8 are correct and a nd true to the best of my knowledge and personal belief and no part of it are false and nothing material has been concealed therein. Date: March 12, 2006 Place: Delhi

(Signature) Petitioner

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Affidavit

IN THE HON’BLE SUPREME COURT OF INDIA  INDIA  Affidavit No___________ No___________ Writ Petition No.......2006

AA., son of BB, resident of Lanka, Varanasi .............Petitioner Versus

1. Collector,Varanasi 2. State of U.P ..........Respondents The petitioner do hereby affirms as follows: 1.  2.  3.  4. 

That the petitioner decree holder is the applicant in present execution application. That the petitioner is fully acquainted with the fact and circumstances of the case. That the Performa attached with the application contains the true fact. That the statements made above are true and nothing has been concealed.

Date- March 12, 2006 Place- Delhi

X Deponent

I identified the deponent who has signed in my presence.

Advocate

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Criminal Pleading

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(Complaint)

In The Court of Judicial First Class Magistrate, Siwan Criminal Case No 657 of 2015

X, S/o A aged 55 years, Occupation- Business, R/o B/252 A.K.P Nagwa, Siwan Si wan ..........Complainant Versus Y,S/o B aged 60 years. Occupation- Business, R/o B 1/181 ASDD, Siwan .............Accused Offence under section u/s 454/323/504 of Indian Penal Code 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 A.K.P Nagar, Siwan and he is a  peace loving person. 2.  That on date 12-12-2015 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  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 A.K.P Nagar Siwan but the police did not lodge the FIR against the accuse  persons. 4.  That the complainant went to the Sunder Lal Hospital, Siwan on 13-12-2015 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 herewith this complaint. 5.  That after that the complainant sent an application to the SSP by the registered post regarding aforesaid occurrence, butThe stillaforesaid no step application has been taken by the of police concerned the against the accused person. and receipt 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 summons 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 penaliz ed accordingly and oblige. Date- November 12, 2015 Place- Siwan

X Complainant Advocate for Complainant Page 26 of 45 

 

Verification 

I, ___X__, do hereby verify that the contents from Para 1 to 8 are correct and true to t o the best of my knowledge and personal belief and no part of it are false and nothing material has been concealed therein. Date: November 12, 2015

(Signature)

Place: Siwan

Complainant

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Affidavit

In The Court of The Judicial First Class Magistrate, Siwan Affidavit No._____________ No._____________ Criminal Case No 657 of 2015

X, S/o A aged 55 years, Occupation- Business, R/o B/252 A.K.P Nagwa, Siwan Si wan ..........Complainant Versus Y,S/o B aged 60 years. Occupation- Business, R/o B 1/181 ASDD, Siwan .............Accused The complainant do hereby affirms as follows: 1.  2.  3.  4. 

That the complainant decree holder is the applicant in present execution application. That the complainant is fully acquainted with the fact and circumstances of the case. That the Performa attached with the application contains the true fact. That the statements made above are true and nothing has been concealed.

Date- March 12, 2006 Place- Siwan

X Deponent

I identified the deponent who has signed in my presence.

Advocate

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(Criminal Miscellaneous Petition)  In The Court of Second Addl. Judicial Magistrate, Munger Criminal Misc. Petition No........2016

X, S/o A aged 30 years, Occupation- Business, R/o Lanka, Munger .........Petitioner Versus Y, S/o B ages 35 years, Occupation- Business, R/o Seergate, Munger ............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 31.12.2015 against the respondent seeking a sum of Rs. 500 per month to be awarded. (2)  The Honourable Court, after due contest, by order dated 06.01.2016 granted maintenance to the petitioner directing the respondent to pay a sum of Rs. 400 per month to the petitioner from 01.01.2016 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 01.01.2015 to 31.03.2016 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. (6)  Prayer It is therefore must humbly prayed that in the light of aforesaid circumstances the Hon'ble court may be pleased to adjudge hold and declare (1)  (2)  (3)  of

That the petition is maintainable u/s128 of Crpc. That to pass the order to pay the maintenance with arrears. arre ars. That to pass any other order which the Hon'ble court may think fit for the end justice.

Date: August 12, 2016 Place: Munger

X Petitioner

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XXXXXXXXXXXXXXXXXXXX Advocate for Petitioner

Verification

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

Date: August 12, 2016

xxxxxx

Place: Munger

Petitioner

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Affidavit Affidavit No.__________ No.__________ (Criminal Miscellaneous Petition)  In The Court of Second Addl. Judicial Magistrate, Munger Criminal Misc. Petition No........2016

X, S/o A aged 30 years, Occupation- Business, R/o Lanka, Munger .........Petitioner Versus Y, S/o B ages 35 years, Occupation- Business, R/o Seergate, Munger ............Respondent The petitioner do hereby affirms as follows: 1.  2.  3.  4. 

That the petitioner decree holder is the applicant in present execution application. That the petitioner is fully acquainted with the fact and circumstances of the case. That the Performa attached with the application contains the true fact. That the statements made above are true and nothing has been concealed.

Date- August 12, 201 Place- Munger

X Deponent

I identified the deponent who has signed in my presence.

Advocate

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(Bail Application)

In The Court of Judicial Magistrate, Ist Class, Varanasi Misc Application No......2014

In Crime No.....of 2012 of Police Station, Bhelupur Crime Case No......of 2014

State of U.P ...........Complainant Versus X, S/o A aged about 55 years, R/o B-30/441 Nagwa, Lanka, Varanasi ..........Accused 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 vs X for the offence under Sections 323 and 325 of IPC. 2.  That this Hon'ble court was pleased to issue a Warrant W arrant 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 t he only bread earner for the family. 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 la w 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 Honorable Court may deem fit. Date............... Place.............

X Accused

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XXXXXXXXXXXXXXXXXXXXX Advocate for Applicant

Verification I, do 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: August 12, 2014

xxxxxx

Place: Munger

Accused

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Affidavit

In The Court of Judicial Magistrate, Ist Class, Varanasi Affidavit No.____________ No.____________ Misc Application No......2014

In Crime No.....of 2012 of Police Station, Bhelupur Crime Case No......of 2014

The accused do hereby affirms as follows: 1.  2.  3.  4. 

That the accused decree holder is the t he applicant in present execution application. That the accused is fully acquainted with the fact and circumstances of the case. That the Performa attached with the application contains the true fact. That the statements made above are true and nothing has been concealed.

Date- August 12, 2014 Place- Munger

X Deponent

I identified the deponent who has signed in my presence.

Advocate

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(Anticipatory Bail Application) IN THE HIGH COURT OF JUDICATURE OF DELHI (Criminal Original Jurisdiction) Crl.O.P.No..... of 2012 In Crime.No. Not known of 2012(On the file of the Inspector of Police. Police Station, Guindy,

Delhi) X, S/o A aged about 45 years, Occupation- Business, R/o 30/21, Lanka Madras .......Petitioner/Accused Versus State of Delhi, Rep. by its Inspector of Police, Police Station, Guindy, Delhi, ....Respondent/Complainant 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 fals e and bogus facts. The facts stated sta ted in the FIR are fabricated, concocted and without any basis. 2. That the police has falsely falsel y implicated the applicant in the present case, tthe he applicant is a respectable citizen of the society and is not involved any criminal case. 3. That the facts stated in the complainant against the applicant are civil disputes 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 t here 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 t he case so as to dissuade him from disclosing such facts to the Court or to any an y police officer.

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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 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 ma y deem fit and proper in the facts and circumstances of the case may ma y be also passed in favour of the applicant. Date............ XXXXXXXXXXXXXXX Place...........

Counsel for Applicant Verification

I, do 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: August 12, 2012

xxxxxx

Place: Delhi

Accused

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Affidavit

IN THE HIGH COURT OF JUDICATURE OF DELHI (Criminal Original Jurisdiction) Affiadvit No.____________ No.____________ Crl.O.P.No..... In of 2012 Crime.No. Not known of 2012(On the file of the Inspector of Police. Police Station, Guindy, Delhi)

X, S/o A aged about 45 years, Occupation- Business, R/o 30/21, Lanka Madras .......Petitioner/Accused Versus State of Delhi, Rep. by its Inspector of Police, Police Station, Guindy, Delhi, ....Respondent/Complainant I X, S/o A 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. Date: August 12, 2012 Place: Delhi DEPONENT Identified by: ADVOCATE

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(Memorandum (Memorand um of Revision)

IN THE TAMIL NADU HIGH COURT Criminal Revisional Jurisdiction Criminal Application No.........of 2012......

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. 200 in case No. ........ of 201 2012 2 State of Tamil Nadu at the instance of the District Superintendent of of Police, Coimbatore. ........Petitioner Versus X,S/o A, aged 28 years, R/o Coimbatore ......Opponent

The humble petition of Your Lordship's 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. ....... of 200 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.200 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. 200 on the opponent though the maximum sentence under Sections 307 and 326,1.P.C. is imprisonment for life, or for 10 years. Though the prosecution prayed for deterrent  punishment on the ground that the t he injuries caused were of a very serious s erious 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  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

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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 and riots and has made an attempt murder byofcausing grievousobject hurt toofthe complainantorgy intentionally in the furtherance and to prosecution the common a riotous mob. (d) That the punishment for the offences is life or ten year's imprisonment and fine. 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. ......... of 2012 of 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 Your Lordships' Petitioner shall, as in duty bound, ever pray.

Date............. Place............

Sd/Dy. Superintendent of Police, Coimbatore Verification

I, do 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

Place:

Accused

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Affidavit IN THE TAMIL NADU HIGH COURT Affidavit No.............. Criminal Revisional Jurisdiction Criminal Application No.........of 2012......

I, (full name) 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

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(APPLICATION (APPLICATI ON FOR REVISION)

IN THE COURT OF THE SESSIONS JUDGE AT COIMBATORE Revision Appn. No......of 2012

A, R/o Coimbatore , at present in Jail custody at Coimbatore ...........Petitioner (Accused) Versus

State of Tamil Nadu ...................Respondent

In the matter of a Revision from the order of conviction and sentence passed under section 324, I.P.C. on (put date here) by the learned Judicial Magistrate on the first class, Coimbatore.

Most respectfully May it Please Your Honour. The humble petition of the above-named petitioner Most respectfully Sheweth: 1.  That the learned Judicial Magistrate in case No.... of 2012 convicted the applicant and one B under the above section and sentenced them for a period of four months rigorous and to pay a fine of Rs. 100 in default to undergo further rigorous for 15 days. 2.  Being aggrieved by the aforesaid order the petitioner begs to move the Hon'ble Court in its Revisional Jurisdiction of the following among other grounds: (a) That the order of the lower Court is against law.

(b) That the learned Magistrate erred in believing the P.W. Nos. 1 and 3 who are relations and/are friends of the complainants, and as such were interested witnesses.

(c) That the learned Magistrate was wrong in disbelieving the two respectable and independent witnesses examined on behalf of the defence.

(d) That the learned Magistrate has erred in not complying with the mandatory  provisions of Section 313 of the Cr. P.C. whereby an opportunity to explain away the circumstances appearing against them was refused.

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(e) That the learned Magistrate has not maintained a full record of the evidence and hence certain admissions by the prosecution witnesses given in their cross-examinations are not available.

Prayer

The petitioner prays that Your Honour may be graciously pleased to call for the record of the case and issue a rule upon the said Magistrate, and upon the opposite party to show cause why the aforesaid order complained against should not be vacated, and to release the  petitioner on bail pending the disposal of this revision application. And for this act of kindness your petitioner, as in duty bound, shall ever pray. pra y.

Accused Through, Advocate Verification  I, A do hereby verify that the contents from Paras 1 to 2 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. 

Date...............

Accused

Place..............

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Affidavit

IN THE COURT OF THE SESSIONS JUDGE AT COIMBATORE Affidavit No._____________ No._____________ Revision Appn. No......of 2012

A, R/o Coimbatore , at present in Jail custody at Coimbatore ...........Petitioner (Accused) Versus

State of Tamil Nadu ...................Respondent The accused do hereby affirms as follows: 1.  2.  3.  4. 

That the accused decree holder is the t he applicant in present execution application. That the accused is fully acquainted with the fact and circumstances of the case. That the Performa attached with the application contains the true fact. That the statements made above are true and nothing has been concealed.

Date-

X

Place-

Deponent

I identified the deponent who has signed in my presence.

Advocate  

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(Memorandum (Memorandu m of Appeal)

In the High Court of Judicature at Allahabad Criminal Appeal No.......2012

X, S/o A aged about 45 years, R/o Cantonment, Varanasi Versus

...........Appellant

State of U.P. ............Respondent Appeal against the conviction and sentences under section 411 of IPC in Case No..........of 2010 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 6-5-2011 at Saket Nagar, Varanasi. 2.  That the prosecution case in brief was that on 06-05-2011 at about 2:30pm the police acting on FIR lodged on 11-04-2011 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 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: 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 seen articles sold the appellant someisfive months to this d)  having That the judgement of to learned magistrate against theprior weight of incident. 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.

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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 o ffer hearing of the case and set s et aside the order of o f conviction and a nd sentence or pass such other order as the ends of justice may call for.

Sd/Appellant

XXXXXXXXXXXXXXXXXX Advocate of 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............. Sd/Place............ Appellant

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