Drafting and Pleading

 

CIVIL PLEADINGS  EXERCISE-I PLAINT  PLAINT  ORDER-6, RULE-17, SECTION-26  In the court of the Junior Civil Judge at Varanasi  O.S No. ____/2018 

Shri Rohit Singh s/o Shri Rajendra Singh, aged 40 years, r/o A-20, Laxmi Nagar, Sundarpur, Varanasi-221005

…………..Plaintiff   Vs.

Shri Jatin Yadav s/o Jayant Yadav, aged 43 years, r/o r/o A-19, Laxmi Nagar, Sundarpur, Varanasi-221005 Varanasi-221005

………..Defendant  ………..Defendant 

Suit for recovery of Rs. 500 as compensation for trespass

The plaintiff begs to submit as under: 1.  That the defendant is residing in House NoNo - A-19 which is adjoi adjoining ning the plaintiff’s House no. A-20 situated in Sundarpur in the city of Varanasi Varanasi.. There is a House no. A-21 which is adjoining the plaintiff’s house on its northern side.  side.   2.  That the defendant, without the permission of the plaintiff, stepped in, and trespassed on the roof of plaintif f’s f’s house from his house no A-19 A -19 on 18TH April ,2018 at about 11 pm and in spite spite of remonstrance by the plaintiff’s son, crossed the roof of the  plaintiff and went to House no B-21. 3.  That the defendant has committed an act of trespass on the immovable property of the  plaintiff and is liable to pay compensation for his such wanton act to thee plaintiff, which the plaintiff claims at Rs. 500. As the defendant threatens to repeat the act and as the plaintiff’s family members privacy is disturbed thereby, the at of the defendant  becomes still more reprehensible. 1. DRAFTING, PLEADING AND CONVEYANCING

 

4.  That the cause of action arose on 18th April 2018 at Varanasi. Hence this court has  jurisdiction. 5.  The Plaintiff values this suit for the purpose of Court Fee and Jurisdiction at Rs.500/and pays Court Fee of Rs.151/6.  That the plaintiff prays:

  That the honourable court may be pleaded to pass a judgment and decree



against the defendant and in favour of the plaintiff.

  Directing the plaint defendant to pay the plaintiff the sum of Rs. 500.



  Awarding the plaintiff, the cost of the suit.



  Passing such further or other order as the honourable court may deem fit and



 proper in the circumstances of the case.

Counsel for Plaintiff

Plaintiff

VERIFICATION

I, Rohit Singh, son of Shri Rajendra Singh, the plaintiff above named do hereby declare that what is stated in the above paragraphs are true to the best of my knowledge and  belief.

Verified at Varanasi on the 23 rd day of April 2018.

Plaintiff

2. DRAFTING, PLEADING AND CONVEYANCING

 

IN THE COURT OF THE JUNIOR CIVIL JUDGE AT VARANASI

O.S. No …………………/2018  …………………/2018 

Shri Rohit Singh s/o Shri Rajendra Singh, aged 40 years, r/o A-20, Laxmi Nagar, Sundarpur, Varanasi-221005 Varanasi-221005

…………..Plaintiff   Vs.

Shri Jatin Yadav s/o Jayant Yadav, aged 43 years, r/ r/o o A-19, Laxmi Nagar, Sundarpur, Varanasi-221005 Varanasi-221005

………..Defendant  ………..Defendant 

AFFIDAVIT I. Rohit Singh do hereby hereb y solemnly affirm and state as under that: That I am the deponent in the captioned suit. I am fully conversant with the facts of the plaint and competent to swear this affidavit on my behalf. That the present appeal has been drafted by my counsel under my instructions and guidance and the contents of the same are true and correct and are not being repeated herein for the sake of brevity and to avoid repetition and prolixity. That the contents of the plaint may kindly be read as part and parcel of this Affidavit also. DEPONENT VERIFICATION: Verified by me at Sundarpur, Varanasi on 23rd April, 2018 

3. DRAFTING, PLEADING AND CONVEYANCING

 

EXERCISE-II WRITTEN STATEMENT

IN THE COURT OF THE JUNIOR CIVIL JUDGE AT VARANASI  Civil suit no. ____/2018 

Shri Rohit Singh s/o Shri Rajendra Singh, aged 40 years, r/o A-20, Laxmi Nagar, Sundarpur, Varanasi-221005 Varanasi-221005

…………..Plaintiff  

Vs. Shri Jatin Yadav s/o Jayant Yadav, aged 43 years, r/o A-19, Laxmi Nagar, Sundarpur, Varanasi-221005

………..Defendant   ………..Defendant

Written Statement on behalf of the defendant  

The defendant most respectfullyShoweth: 1.  Para 1 is admitted. 2.  Para 2 is admitted. The defendant heard a shout from house No. 21 saying “Fire!,   Fire!” The defendant accordingly rushed to render aid to the occupant of house  No. 21 on account of neighborly feeling. 3.  It was a trespass, it was so on account of sheer necessity. The defendant has never threatened to trespass into or onto the house of the plaintiff. The insinuation mentioned in the last part of this paragraph is uncalled for. The defendant is not liable to pay any compensation. In any event a nominal compensation of one paisa would meet the ends of justice. 4.  Para 4 is legal. 5.  Para 5 is legal. 6.  The suit is dismissed. In the circumstances of the case the defendant forgoes his costs. 4. DRAFTING, PLEADING AND CONVEYANCING

 

Defendant VERIFICATION: I, Jatin Yadav, do hereby verify that the contents from paras 1 to 6 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. Place: Varanasi Date:18-04-2018

.

5. DRAFTING, PLEADING AND CONVEYANCING

Defendant

 

EXERCISE III INTERLOCUTORY INTERLOCU TORY APPLICATION Application under order 39 Rule 1 and 2

IN THE COURT OF THE JUNIOR CIVIL JUDGE AT VARANASI Application No: ______ of 2018

Shri Rohit Singh s/o Shri Rajendra Singh, aged 40 years, r/o A-20, Laxmi Nagar, Sundarpur, Varanasi ………………………………………………….. …………………………………………………..Applicant Versus

Shri Jatin Yadav s/o Jayant Yadav, aged 43 years, r/o r/o A-19, Laxmi Nagar, Sundarpur, Varanasi ............................................................................ Respondent Application under order 39 Rule 1 and 2 of the Civil Procedure Code

Respectfully

Sheweth:

1. That the applicant/plaintiff has filed a case before this honorable court hearing where of will take some time. 2. That it is apparent from perusal of grounds and documents attached therewith that the applicant has prima facie a very good case in his favour and the case is likely to succeeds. The balance of convenience is in favour of the applicant. The grounds of the case may be read as part of this application to save the repetition. 3. That the interest of justice demands that the respondent is restrained from constructing any kind of construction or building whatsoever interfering and disturbing the peaceful enjoyment usage and possession of the common pathways in the area in any manner. In case the respondents are not restraining that the applicant will suffer irreparable loss and injury which cannot be compensated in terms of money and filing of this case will become infructuous. 4. It is therefore most respectfully prayed that the respondents be restrained from constructing any kind of construction or building whatsoever interfering and disturbing the peaceful enjoyment, usage and possession of the common pathways in the area in any manner in the interest interest of justice. Such other orders be also  passed case. in favour of the applicant as deemed fit in facts and circumstances of the 6. DRAFTING, PLEADING AND CONVEYANCING

 

Varanasi Applicant  ______ Through, Advocate IN THE COURT OF THE JUNIOR CIVIL JUDGE JUDGE AT VARANASI Application No:______ of 2018

Shri Rohit Singh s/o Shri Rajendra Singh, aged 40 years, r/o A-20, Laxmi Nagar, Sundarpur, Varanasi ………………………………………………….. …………………………………………………..Applicant Versus

Shri Jatin Yadav s/o ............................................................................ Jayant Yadav, Yadav, aged 43 years, r/o r/o A-19, Laxmi Nagar, Nagar , Sundarpur, Varanasi Respondent Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code.

I,

Rohit

Singh,

do

hereby

solemnly

affirm

and

declare

as

under:-

1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 4 are true and correct to the best of my knowledge. 3. That I further solemnly affirm and declare that the contents of this affidavit of mine are correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therewith. Affirmed

at

Varanasi

Deponent.

7. DRAFTING, PLEADING AND CONVEYANCING

this

______.

 

EXERCISE IV EXECUTION PETITION IN THE HON’BLE

COURT OF DISTRICT JUDGE, FARIDABAD  

Execution application No…. /2018  /2018  In the matter of Suit, No……/2017  No……/2017  

Karnataka Power Transmission Corporation ltd. Tl & ss division, KPTCL, Munirabad Bellary District…………… District………………………………………… ………………………………Decree …Decree Holders Holders  

Versus

Mr. Hamidulla s/o Kamal khan Kumrehera village, Hatin taluk, Faridabad district……………… d istrict………………………………………...Judgment ………………………...Judgment Debtor  

Dated: 5th April,2018 The Decree Holder prays for the Execution Ex ecution of the Decree/order for the particulars whereof are stated in the column hereunder: -

1. Suit Number

: MVC No. 381 of 2011

2. Name of Parties Bellary

: KPTCL TL & SS Division, Munirabad, Versus Mr. Hamidulla, S/o Mr. Kamal Khan,

District

R/o Kumrehera Village, Faridabad 8. DRAFTING, PLEADING AND CONVEYANCING

 

3. Date of Decree/Order of which Execution is sought

:

13.02.2017

:

Not known

:

No

:

No

4. Whether an appeal was filed against the decree/order under execution 5. Whether any payment has been received towards satisfaction of decree/order 6. Whether any application was made  previous to his and if so their dated and results 7. Whether any amount of suit

:

Decree of Rs.8,55,150/-

8. Amount of costs if allowed by court

:

623/-

9. Against whom execution is sought

:

Against the J.D.

10. Cost of copies

:

50/-

11. Present execution cost

:

50/-

along with interest as per decree or any order relief granted by the degree with cost and interest @ 6%  p.a. from the date of complaint i.e. 31.03.2011 till the date of filing of this  petition.

12. In what manner courts assistance is sought

:

(To be filled up)

The Decree Holder Most Humbly Prays: That on 26.11.2016 at about 2 PM, the judgment debtor, driver of vehicle number HR-55/F-1877, driving in a rash and negligent manner while proceeding towards Bangalore, rammed an electric No. vehicle. 121 in high speed, due to which the said toweragainst collapsed and felltower down at onLine the said 9. DRAFTING, PLEADING AND CONVEYANCING

 

That this accident damaged the adjacent towers at Line No. 120 and 122 as well, interrupting the power supply for 15 days.

That as per the finding of the MACT-II, Bellary, the accident was proved to have h ave  been caused due to rash and negligent driving of the said driver. That after the said accident, the collapsed tower was separated from the said vehicle by a crane at the cost of Rs. 40,000/-, paid by the decree holder.

That subsequently, tenders were called by b y the decree holder for construction of a new tower replacing the collapsed tower.

That in furtherance of above construction/ replacement, a sum of Rs. 8, 31,150/was paid to S & P Structural Pvt. Ltd by the decree holder. That the total expenditure incurred by the decree holder was calculated at Rs. 8, 71,150/- (Rs. 8,31,150 + Rs. 40,000/-).

That the scrap value of the collapsed tower, which was sold in a public auction,  being Rs. 16,000/- was deducted from the expenditure calculated and the final amount reached by the Hon’ble MACT was Rs. 8, 55,150/-. 55,150/ -.

That on 13.2.2017, the Hon’ble MACT-II, MACT -II, Bellary awarded compensation of Rs. 8, 55,150/- with costs and interest at 6% p.a. from the date of petition p etition to the date of deposit in the Court against the judgment debtor.

That Execution Petition No. 140/2018 was subsequently filed before the Hon’ble District Judge, Bellary, seeking transfer of decree dated 13.2.2017 13.2.2 017 passed by the Hon’ble MACTHon’ble  MACT-II, II, Bellary, to the Hon’ble District Judge, Faridabad, Haryana.  Haryana.  

That on 6.02.2018, the Hon’ble MACT-II MACT -II and District Judge, Bellary issued a certificate of execution of decree and certificate of non-satisfaction of decree in favour of decree holder in the Execution No. 140/2014 and ordered transfer of decree for execution to Distt. Judge, Faridabad. 10. DRAFTING, PLEADING AND CONVEYANCING

 

In view of the above said facts and circumstances it is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to:  to:   (To be filled)

 pass such other and/or further order as this Hon’ble Court may deem fit and  proper in the facts and circumstances of the case.

Prayed accordingly.

SIGNATURE OF DECREE HOLDER FARIDABAD: THROUGH

DATED:

COUNSEL

VERIFICATION: I, the above-named Decree Holder, do hereby verify that the contents of this application are true to my knowledge and belief. Verified at Faridabad on this April 2018

SIGNATURE OF DECREE HOLDER

11. DRAFTING, PLEADING AND CONVEYANCING

 

EXERCISE V AFFIDAVIT Affidavit For Resumption Of Indian Citizenship BEFORE THE DISTRICT MAGISTRATE, VARANASI, U.P

Affidavit of Mr. Rohit Singh aged about 43 years S/o Rajendra Singh, R/o A-21, Laxmi Nagar, Sundarpur, Varanasi-221005 I, the above name deponent solemnly affirm and state on oath as under: 1. That the deponent has applied before your Honour for the resumption of Indian Citizenship, and hence is fully conversant of the facts deposed below. 2. That the deponent was born in Sir Sundarlal Hospital on 2 nd  Day of March, 1974. 3. That the full Name of the father of deponent is Mr. Rajendra Singh. 4. That the deponent has ceased to be any Indian Citizen by virtue of sub section (1) of Section 8 of the Indian Citizenship Act, 1955, on 1, Jan. 1980 because of reason that the father of deponent Mr. MY has renounced his Indian Citizenship on the said date. 5. That deponent declares his intention to resume Indian Citizenship and applied to the Central Government to register this declaration. Deponent VERIFICATION I, Rohit Singh, the above named deponent do hereby verify that the contents of this affidavit form paras 1 to 5 are true to the best of my knowledge and belief.  Nothing material has been concealed. Deponent

12. DRAFTING, PLEADING AND CONVEYANCING

 

EXERCISE- VI MEMORANDUM MEMORAND UM OF APPEAL Memorandum of Appeal

In the Court of District Judge, Jabalpur   Civil Appeal No. ... / 2010 Under Section 96 of CPC, 1908.   Amrit Bhushan. S/o Birendra Bhushan. 12, Main Road, Rewa, MP ......................................... Plaintiff/Appellant Vs. Manju Nath S/o OP Nath. 46, Main Road, Rewa, .................................... Defendant/Respondent 

MP

Memorandum of Appeal  Sir, The aforementioned plaintiff-appellant appeals against the judgement and decree of the Court of Civil Judge Class II, at Jabalpur, passed in Original Suit  No 9687 of 2010 between Amrit Bhushan S/o Birendra Birendra Bhushan vs Manju  Nath S/o OP Nath., dated 01/02/2010, and sets forth the following 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 natural justice. (2) That the findings arrived by the Learned Lower Court are not supported suppo rted 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 13. DRAFTING, PLEADING AND CONVEYANCING

 

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

Place: Jabalpur Date: 01/02/2010

(Signature of Plaintiff/Appellant)

Advocate for Plaintiff-

Appellant

Verification 

I, Amrit Bhushan, do hereby verify that the contents from paras 1 to 5 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Jabalpur this 1st Day of February 2010. (Signature) Plaintiff-Appellant 

14. DRAFTING, PLEADING AND CONVEYANCING

 

EXERCISE VII MEMORANDUM OF REVISION  (MEMORANDUM OF REVISION)  IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD  

Civil Revision Application No.......2017  A, S/o Z aged about 62 years   R/o Civil Lines, Allahabad

...........Applicant/Defendant  Versus 

B, S/o Y aged about 40 years  R/o Sangam, Allahabad

........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 71 of 2010 in the court of Civil judge, Senior Division, Varanasi for recovery of Rs. 80000. 800 00. On the ground of a promissory note said to be due on the applicant after selling opponents shop at Sigra at Varanasi road.   2) That the applicant submits submits that he had already paid Rs 700000 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 28-04-2015 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 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 p romissory 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 was not called called inspite of the repeated request for the applicant.  15. DRAFTING, PLEADING AND CONVEYANCING

 

e) That the learned judge erred erred in not appreciating appreciating the evidence of the 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 is against justice, equity 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 in the interest of justice.   Date: 5/12/2017 Place: Allahabad

16. DRAFTING, PLEADING AND CONVEYANCING

X  Applicant  XX  Counsel for Applicant 

 

EXERCISE VIII WRIT PETITION UNDER ARTICLE 226 In the High Court of Judicature At Allahabad Civil Original (Extra-ordinary) Jurisdiction Civil Writ Petition No…………………… of 2018  2018  In the matter of: Rohit Singh S/o Rajendra Singh R/o A-21, Civil Lines, Allahabad, former employee (Inspector Grade-I) Grade-I) in the Respondent Company ….Petitioner 1. XYZ Company Ltd., a company wholly owned by the Govt. of India and having its registered office at Allahabad through its Chairman. C hairman. 2. Managing Director of the above Company

…Respondent

Civil Writ Petition against the order dated 12-02-2018 passed by the Managing Director, respondent No. 2 herein, by which the services of the  petitioner as an employee of the respondent-company have been terminated. May it please the the Hon'ble Chief Justice of the High Court of Allahabad and His Lordship's companion Judges. The Petitioner MOST RESPECTFULLY SHOWETH: 1. Thatguaranteed the petitioner is aConstitution citizen of India and is therefore entitled to enjoy all the rights by the of India. 2. That respondent No. 1 is a company registered under the Companies Act, 1956 having its registered office at Allahabad The respondent-company is wholly owned by the Government of India and is, thus, an instrumentality of state is given in Annexure 12 of the Constitution. 3. That the petitioner was an employee of the respondent-company, having been appointed as a Sub-Inspector Grade-I on 21-08-1991 and he continued to work, earning one promotion also. 4. That on 11-07-2017 respondent No. 2 herein abruptly issued the impugned order dated 28-09-2017 terminating the services of the petitioner and the 17. DRAFTING, PLEADING AND CONVEYANCING

 

 petitioner came to be relieved of his duties the same day. A copy of the impugned i mpugned order is annexed hereto and marked as ANNEXURE-1. 5. That on a bare reading of the impugned order it becomes clear that the order has been issued on the basis of some alleged misconduct on the part of petitioner,  but no inquiry under the relevant rules has been held before the passing of the order. 6. That the petitioner has not committed any act that could be termed to be an act constituting misconduct. 7. The impugned order is being assailed on the following, amongst other, GROUNDS 7.1 That the petitioner being a permanent employee of the respondent-company his services could not be terminating without holding an enquiry under the rules applicable to the employees of the company. 7.2 That the principles justice have beenof contravened respondents in not giving toof thenatural petitioner any opportunity being heard. by the 7.3 That the impugned order is otherwise also erroneous and unsustainable, as it does not contain any reason and is a non-speaking order. 7.4 That the impugned order is arbitrary and contravenes Article 14 of the Constitution. 8. That the petitioner has not filed any petitioner other proceedings relating to the matter at this petition in any other court. PRAYER In the facts and circumstances stated above the petitioner prays that a direction in the form of a writ of quo warranto and mandamus or any other appropriate writ be issued quashing the impugned order and reinstating the petitioner in service with all consequential benefits including back wages. It is further prayed that the respondent be burdened with costs. PETITIONER THROUGH DATED: 22-03-2018

COUNSEL MR…………………..  MR………………….. 

18. DRAFTING, PLEADING AND CONVEYANCING

 

CRIMINAL PLEADING EXERCISE IX  WRIT PETITION UNDER ARTICLE 32 IN THE HON’BLE SUPREME COURT OF INDIA, NEW DELHI  DELHI  (Original Criminal Jurisdiction) Writ Petition No. __________of _________20 _________

A ____ aged about ____ son of _____., resident _____

…Petitioner  

Versus

1. Additional Secretary, Ministry of Finance, Government of____. 2. The Superintendent, ____Jail ____ 3. The State of_____

…Respondent   …Respondent

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

To The Hon’ble the Chief Justice and his companion Judges Judg es of the Court aforesaid. The humble petition of the above named Petitioner most respectfully sheweth: 1. That the petitioner is a resident of _____. and he was living peacefully at his residence at the place aforesaid. 2. That on _____. Respondent No. 1 made an order under Section 3 of the 19. DRAFTING, PLEADING AND CONVEYANCING

 

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by which he directed that the Petitioner shall be arrested and detained for a period of three months. A copy of the order is annexed herewith as Annexure ‘‘A’’.  ‘‘A’’.  3. That the Petitioner was arrested the same day and was detained in  _____Jail. The grounds of detention wereon_____. not supplied to the peti on that day. The grounds were actually supplied A copy of petitioner the tioner grounds supplied is annexed herewith as Annexure ‘‘B’’.  ‘‘B’’.  4. That on _____. the Petitioner Pe titioner submitted a representation against his detention through Respondent No. 2 but the same was considered by the Advisory Board after one month and was rejected on ____. 5. That the grounds of detention supplied to the Petitioner were in English which language the Petitioner does not know. 6. That the orders of detention of the Petitioner are illegal, improper and without jurisdiction on the following:

GROUNDS 1. Because the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, is unconstitutional and void as it is beyond the legislative competence of Parliament. 2. Because the order has been passed by an officer not duly authorized. 3. Because the grounds were supplied after undue delay. 4. Because the grounds are in English which language the Petitioner does not know and this has prevented him from making an effective representation. 5. Because the grounds are irrelevant to the object of the Act. 6. Because the grounds are vague. 7. Because there was undue delay in the disposal of the representation submitted by the petitioner. Wherefore it is respectfully prayed that this Hon’ble Court may be pleased to issue in the nature of Habeas to the opposite order aofwrit detention and directing thatCorpus the Petitioner be set at parties liberty quashing forthwith.the 20. DRAFTING, PLEADING AND CONVEYANCING

 

Date _________

Advocate for the Petitioner.

21. DRAFTING, PLEADING AND CONVEYANCING

 

EXERCISE X CRIMINAL COMPLAINT CRIMINAL COMPLAINT U/S 494 R/W SEC. 34 OF THE INDIAN PENAL CODE IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS, (ANTI-CORRUPTION COURT), PUNE AT PUNE  

Criminal Complaint No. Smt. .... D .... A .... S....,  S....,   age 25 years, occupation - service,  service,  

)

resident of C/o.Shri DAD, 175 Kothrud,  Kothrud,   PUNE 411 029.  029. 

)  Complainant  Complainant 

) 

)

Versus 1.Shri .... D .... A .... M ....,  ....,  ■ 

) 

age 30 years, occupation - business,  business,   2. Smt. .... D .... A .... B ....,  ....,   )

)  Accused

age 55 years, occupation - household,  household,   ) 3. Smt. .... D .... A  A 

R  , 

)

age 20 years, occupation - education,  education,   )  all residents of 320 Erandwana,  Erandwana,   )  PUNE 411 004.  004. 

) 

A COMPLAINT U/S 494 R/W SEC. 34 OF THE INDIAN PENAL CODE  CODE  The complainant above-named submits this complaint, praying to state as follows:

1. That the complainant is the legally wedded wife of the accused No. 1, while the accused No. 2 is the mother and the accused No. 3 is the second wife of the accused No. 1. 2. That the complainant was married to the accused No. 1 at Pune on according to the Hindu religion, vaidic rites and ceremonies. 3. That before the marriage, the complainant was known by her maiden name as Kumari Lata, and likewise, the accused No. 3, before this second marriage, was also' known by her maiden name as Pata. 22. DRAFTING, PLEADING AND CONVEYANCING

 

4. That after the marriage, the complainant and the accused No. 1 cohabited together for about three years.

However, during

the existence of their marriage, this complainant complainant could not beget a child, chi ld, and hence, on that t hat count, the accused acc used Nos. 1 and 2 were nerv ne rvous ous and unnecessarily unnecessarily offended offended for no fault fault on the part of of this complainant. 5. That this complainant submits that last year, in the month of June, the accused No. 1 told this complainant that she s he should  better go to her parents', at least, for a few days for for a medical checkche ck-up up,, and and under that pret ext, she was sent to stay with her  parent  par ents. s. 6. That, thereafter, the complainant No. 1 did not either come to take back for cohabitation, nor allow her to do so, and thus, the accused No. 1 has deserted this complainant. 7. That this complainant learnt from very reliable sources that the accused No. 1 is going to contract marriage on  

with the

accused No. 3 at the remote place near Katraj, and the ceremony was fixed to be carried out in a bungalow of one, Shri XYZ.  XYZ.   8. That accordingly,

this complainant lodged a report with

the Sahakarnagar Sahakarnagar Police Station, requesting requesting them to help this complainant, and the police did try to do so, but they could not register the offence committed by the accused for the reason that t he ven ue of the marriage marriage was was changed. changed. 9. That, however, this complainant could know the changed venue, and she collected all the details with a view to registering the said offence. 10. That this complai nant states and submit that t he said sec ond marriage between the accused Nos. 1 and 3 was second celebra cel ebrated ted in the Ganesh Mandir, Mandir, one km km away from from Katraj, Katraj, which which to took ok pl plac ace e on .... ...... ..at at 6.00 p.m ., and abo ut 100 people peo ple were we re  pres  pr esent ent fo forr the th e sa said id marriage.  marriage.  11. hat while celebrating the said marriage between the accused  Nos.1 and 3, all a ll the religious rel igious ceremonies c eremonies and rites were  performed.  performe d. 12. That the cause of action for this complaint first arose on…….

 and hence, this complaint filed today is well within

limitation.   limitation. 13. That the offence has been committed within the local limits of the 23. DRAFTING, PLEADING AND CONVEYANCING

 

 ju  juris risdi dicti ction on of this th is Cour Co urt, t, and an d h ence en ce,, thi thiss Hon' Ho n'ble ble Court Co urt has ha s jjur urisd isdict ict io ion n to try and decide this complaint. 14. That the necessary court-fee is paid herewith. 15. That the complainant, therefore, prays that the accused be kindly charged with and tried for the offence punishable u/s 494 R/W Sec.34 of the Indian Penal Code and punished according to law. Pune,

Sd/- DAS

COMPLAINANT Dated : Sd/- x X x ADVOCATE FOR COMPLAINANT

VERIFICATION  I, Smt. DAS, the present complainant, do hereby state on solemn

affirmation that the contents of this complaint in paras 1 to 15 are true and correct to the best of my knowledge and belief, and so I have signed hereunder.   Sd/- DAS COMPLAINANT

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EXERCISE XI CRIMINAL MISCELLENEOUS PETITION

IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE OF SATNA CR.L.M.P.NO. OF 2012 M.C.No. ____/2011 Dhanarekha

…Petitioner  

Vs. Arun Kumar

... Respondent

Petition filed on behalf of the Petitioner U/Sec 128 1 28 Cr. P.C (1) The petitioner submits that he filed the above M.C. for grant of separate maintenance on 31.12.2011 against the respondent seeking a sum of Rs. 500 per month to be awarded. (2) The Honourable Court, after due contest, by order dated 06.01.2012 granted maintenance to the petitioner directing the respondent to pay a sum of Rs. 400 per month to the petitioner from 01.01.2012 and keep praying in future. (3) The petitioner submits that, the respondent has not paid any maintenance so far, and these disobeyed the order of this honourable court. (4) The petitioner further submits that the arrears of maintenance from 01.01.2011 to 31.03.2012 to Rs. 6000/(5) It is therefore prayed that the honourable court may be pleased to commit the respondent to prison for such kind has the law required or till he paid the arrears of maintenance. Xxxx

xxxx 25. DRAFTING, PLEADING AND CONVEYANCING

 

Advocate for the Petitioner

Petitioner

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

xxxxxx

Petitioner

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EXERCISE XII ANTICIPATORY ANTICIPATO RY BAIL IN THE COURT OF DISTRICT AND SESSIONS JUDGE, AT VARANASI

IN THE MATTER OF STATE VS Police Station Lanka FIR No. Yet to be filed U/S Section 66A of ITA 2008 and other sections of IPC such as 295A,505,499 APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED Ratan Lal. MOST RESPECTFULLY SUBMITTED AS UNDER :1. That I, Shri Ratan Lal s/o Mohan Lal residing at Ambrosia Apartments, Lanka, Varanasi, have posted the content as indicated in annexure to this application 2. That based on the precedents of the actions initiated by Police in different parts of the country in recent days and more particularly in the cases of Government of Puducherry Vs Ravi Srinivasan on the complaint made by one Sri Karti Chidambaram and State of Maharashtra VsMsShaheenDadha on the complaint of one Sri BhushanSanke, there is a reasonable probability of a false and  bogus case being hoisted on me with malafied intentions, intentions, 3. That I have no malicious intentions in making this post which I have 27. DRAFTING, PLEADING AND CONVEYANCING

 

made as a free Citizen of India under the Freedom of Expression E xpression guaranteed to me by the Constitution of India under article 19(1) 4. That the police may falsely implicate the applicant in any case, the applicant is a respectable citizen of the society and is not involved any criminal 5. That the postings does not constitute any criminal offence under any law in India. 6. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required. 7. That the applicant is having very good antecedents, ant ecedents, he belongs to good family and there is no criminal case pending against them. 8. That the applicant is a permanent resident and there are no chances of their absconding from the course of justice. 9. That the applicant undertakes to present himself before the court as and when directed. 10. That the applicant undertakes to cooperate with the police during the course of investigation. 11. That the applicant undertakes not to tamper with the evidence or the witnesses in any manner. It is therefore prayed that the court may direct that the applicant shall be released on bail in the event of their arrest by the police. Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant. 28. DRAFTING, PLEADING AND CONVEYANCING

 

(-----------------------------) APPLICANT

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EXERCISE XIII  BAIL APPLICATION Bail Application IN THE COURT OF BASTI Criminal Miscellaneous Application No...... of 2015

Devi Lal, D/o Sukhdev aged about 56 years, R/o N8/162 Rajendra vihar, Basti ……Applicant   Versus

Shyam Singh, S/o Ajay Singh aged about 60 years, R/o R-13/A, Rajendra vihar, Basti …Respondent   …Respondent FIR No. : _____ Dated _____ Police Station:Mankapur Offence Under Sections: 323 and 325 of IPC Application under Section 437 of CrPC for the grant of Bail Respectfully Showeth: 1. That the applicant has been involved in a false and frivolous case by one Will Smith by lodging a complaint with the SHOPS for offence under sections 323 and 325 of the IPC. The applicant/accused has been arrested by the Police of Police Station: Mankapur subsequent to the above complaint. 2. That it is submitted that the allegations made against the applicant/accused are false, frivolous and vexatious and lack in the material substance. The applicant  belongs to a very reputed family in his locality. 3. That the applicant/accused is a permanent resident of Basti and earning livelihood by business. The applicant has his old parents dependent upon him and the applicant is the only bread earner e arner for the family. 4. That the applicant/accused is innocent and has been involved falsely due to the  personal grudge to settle the score against the applicant/accused OR due to enmity and family feud. It is submitted that the complainant is an influential and highhanded person. 30. DRAFTING, PLEADING AND CONVEYANCING

 

5. That by getting the applicant/accused arrested the applicant has been deprived of his valuable fundamental right of liberty by b y abuse of powers and process of law  by the complainant. 6. That the applicant is willing to furnish surety and bail bonds to the satisfaction of this learned court in case he is ordered to be released on bail. The applicant is also willing to join the investigations and bind himself hi mself by the terms and conditions laid down by the law or by this Hon'ble court. It is further submitted that the applicant is not at all required for the investigations. However, if the applicant is required for investigation, the applicant/accused undertakes unde rtakes to be  present as and when required in accordance with the law. 7. That neither any recovery is to be effected from the applicant nor the applicant is in a position to temper with the prosecution evidence. The applicant will associate with the investigation whenever required to do so. It is, therefore, most respectfully prayed that:(a) That the applicant may be ordered to be released on bail and this application for bail may kindly be allowed; (b) That till the decision of this application interim bail may be granted to the applicant; (c) That the directions may be issued to the police to get the applicant/accused medically examined at the immediately; (d) Such other orders be also passed in favour of the applicant as d deemed eemed fit and  proper in the facts and circumstances of the case and in the interest of justice. Applicant Through, Advocate

Dated: 31.10.2015

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Affidavit in Support

IN THE COURT OF BASTI

Devi Lal, D/o Sukhdev aged about 56 years, R/o N8/162 Rajendra vihar, Basti ……Applicant Versus

Shyam Singh, S/o Ajay Singh aged about 60 years, R/o R-13/A, Rajendra vihar, Basti ……Respondent   ……Respondent Affidavit in support of the application under Section 437 of CrPC I, ______, do hereby solemnly affirm and declare as under:1. That the accompanying application under section 437 CrPC has been drafted at my instance and under my instructions. 2. That the contents of paras pa ras 1 to 7 are true and correct to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed here at Basti on 31.10.2015

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EXERCISE XIV CRIMINAL APPEAL IN THE COURT OF THE DISTRICT AND SESSIONS SESS IONS JUDGE AT VARANASI CRIMINAL APPEAL NO: 101 OF 2010 For the following among grounds the Appellant here in begs to prefer this appeal against the judgement dated ………………….. of judicial Magistrate, F.C., Varanasi in criminal case No: 101 of 2010, convicting the appellant U/Sec 411 I.P.C and sentencing him to U/go, 6 months R.I. and to pay a fine of Rs. 300/GROUNDS

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

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

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

 ________________ Counsel for Applicant

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_______________ Applicant

 

EXERCISE XV FIRST INFORMATION REPORT First Information Report

(Under Section 145 & 157 Cr.P.C.) 1. Chittoor District, Tiruchanoor Police, 2014, FIR No. 102, Date: 15-04-2014 2. (i) Act ………………………….. Sections : …………………………… (ii) Act ………………………….. Sections : …………………………… …………………………… (iii) Other Acts & Sections: …………………………………………… 3. (a) Occurrence of Office: March, 31st, Monday, Night between 10.30 to 11.00  pm (b) Information received from B. Ajay Kumar and K. NareshBabu at the Police Station about 11.25 pm, 31st March, 2014. (c) General Diary Reference Entry No(s): 42, Time: 11.30 pm 31st March, 2014. 4. Type of Information : Written/ Oral 5. (a) Place of Occurrence : Tiruchanoor Road, Near Mango Mandi, Varanasi. (b) Address: Srinivasapuram, Tiruchanoor Road, Varanasi-517 503 Varanasi Rural, Tiruchanoor Police Station Limits. 6. Complainant/ Informant (a) Name: B. Ajay Kumar, (b) Father‟s Name: B.K. Rao  Rao   (c) Date/ Year of Birth: 24-10-1994 (d) Nationality: Indian (e) Passport No ………. Date of issue………… Place of issue ………. (f) Occupation: Business 35. DRAFTING, PLEADING AND CONVEYANCING

 

(g) Address: Telephone Colony, SrinivasaPuram, Varanasi. 35 7. Details of known/ suspected/ unknown/ accused with full particulars particulars.. (Attach separate sheet if necessary) ……………………………………………………………. 8. Physical features deformities and other details of the suspect: …………………………………………………………………… 9. Contents of the Complaint/ Statement of the complainant or informant (Attach separate sheets, if required). 10. Action taken. Since the above report reveals commission of offence (s) u/S as mentioned at Item No. 2 Registered the case and took up the investigation/ directed ……………… Rank ……………… to take up the investigation FIR read over to the Complainant/ Informant, admitted to be correctly recorded and a copy given to the Complainant/ Informant free of cost.

Signature of the Officer-in-charge Police Station  _______________  _______ ___________ ___ Tiruchanoor Police Station, Varanasi.

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