Final Drafting

BANARAS HINDU UNIVERSITY
FACULTY OF LAW
2023
Drafting, Pleading and Conveyancing Assignment
SUBMITTED BY
Aayush Shrivastava
B.A. LL.B. (Hons.)
YEAR – 3rd
SEMESTER – 6th
ACADEMIC YEAR – 2022-23
ENROLMENT No. – 428689
EXAMINATION ROLL NO. -
20225BLT001
SUBMITTED TO
Dr. Chandra Nath Singh
ACKNOWLEDGEMENT
It fills my heart with joy unspeakable to acknowledge my depth to all those who have helped
me to put these ideas into concrete. I would like to express my special thanks of gratitude to
my professor Dr. Chandra Nath Singh, who gave me the golden opportunity to do this
assignment on the topic Drafting Pleading and Conveyancing which also helped me in doing
a lot of research and I came to know about so many new things. Further, I would like to thank
my faculty for their support in conduction of classes. I would also like to show my gratitude
towards my friends and my family for always motivating me to go forth.
Thanking you
Aayush Shrivastava
B.A. LL.B. (Hons.), 6th Semester
1
TABLE OF CONTENT
S.NO TOPIC Page NO.
Civil Pleading
1. Plaint 5
2. Written statement 12
3. Interlocutory application 18
4. Execution Petition 21
5. Memorandum of Appeal 28
6. Memorandum of revision 33
7. Judicial separation 36
8. Writ of Habeas corpus 41

under Article 226
Criminal Pleading
1. Complaint u/s 323 of 49

IPC Read with S. 200,
Cr.P.C
2. Complaint u/s 354 of 51

IPC
3. Criminal Miscellaneous 55
petition
4. Memorandum of Appeal 57
5. Memorandum of 62
Revision
2
6. Application for grant of 66
Bail u/s 437
7. Anticipatory Bail 71
3
CIVIL PLEADING
1. Plaint
A plaint is a legal document which contains the written statement of the plaintiff’s claim. A
plaint is the first step towards the initiation of a suit. It can be said to be a statement of claim,
a document, by the presentation of which the suit is instituted. However, the expression “plaint”
has not been defined in the code. It is a pleading of the plaintiff.
In plaint, the plaintiff should mention alleged facts about his cause of action. A plaint which is
presented to a civil court of appropriate jurisdiction contains everything, including facts to
relief that the plaintiff expects to obtain.
Plaint is defined in order 7 of CPC. Rules 1to8 of order relate to particulars in a plaint. Rule 9
lays down procedure on plaint being admitted. Whereas rules 10 to 10-B provide for the return
of plaint, and appearance of parties, rules 11 to 13 deal with rejection of plaint. Rules 14 to 17
contain provisions for the production of documents. Order 7 should be read with section 26 of
the code.
Particulars of a plaint
The name of the particular court where the suit is brought; [R.1(a)];
The name, place, and description of the plaintiff’s residence; [R.1(b)];
The name, place, and description of the defendant’s residence; [R.1(c)];
A statement of unsoundness of mind or minority in case the plaintiff or the defendant belongs
to either of the categories; [R.1(d)];
The facts that led to the cause of action and when it arose; [R.1(e)];
That fact that point out to the jurisdiction of the court ; [R.1(f)];
4
A statement of the value of the subject-matter of the suit for the purpose of jurisdiction and
court fees; [R.1(i)];
The relief claimed by the plaintiff, simply or on the alternative; [R.1(g)];
Where the plaintiff files a suit in a representative capacity the facts showing that the plaintiff
has an actual existing interest in the subject matter and he has taken steps that may be necessary
to enable him to file such a suit; [R. 4];
Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so
allowed or relinquished; [R.1(h)];
Where the suit is for recovery of money, the precise amount claimed; [R 2]
Where the suit is for accounts or mesne profits or for movables in the possession of the
defendant or for debts which cannot be determined, the approximate amount or value thereof;
[R. 2]
Where the subject-matter of the suit is immovable property description of the property
sufficient to identify it, e.g. boundaries, survey numbers, etc; [R.3]
The interest and liability of the defendant in the subject-matter of the suit; [R. 5]
Where the suit is time-barred, the ground upon which the exemption from the law of limitation
is claimed; [R. 6 ]
Admission of plaint:
Rule 9 lays down the procedure when the plaint is admitted by the court. It provides for the
filling of copies of the plaint by the plaintiff and also requires him to pay requisite fees for the
service of summons on the defendants within seven days.
5
IN THE COURT OF CIVIL JUDGE, JUNIOR DIVISION AT RANCHI
CIVIL SUIT NO. 523 OF 2022
In the matter of:-
Shri Jitendra Singh, s/o Shri Lakshman Singh, aged 46, m/g 12 Shankar nagar, Raipur-492001
Chhattisgarh …….. Plaintiff
Vs.
Shri. Anirudh Prasad s/o Triloki prasad, aged 50 years, r/o A-1/2, Naya bazaar, Ranchi-
802101 ……. Defendant
SUIT FOR RECOVERY OF MONEY
Sir,
The plaintiff above named most respectfully submits as under:
1. That the plaintiff is engaged in business of transportation and the defendant hired the
services of the plaintiff for transporting goods from Raipur to Ranchi for full truck
loads.
2. That the defendant was to make payment of the freight charges on the delivery of goods
at Ranchi but the defendant avoided the said payment at Ranchi and the consignee at
Ranchi informed the plaintiff that the payment will be made by the defendant at Raipur.
3. That accordingly, the plaintiff approached the defendant for making payment of the
said freight charges of transportation from Raipur to Ranchi of the truck load, but the
defendant avoided the same without any just cause of doing so, or justification for the
same.
4. That the defendant has got no right to withhold the payment of the plaintiff after
availing the services of the plaintiff for transporting the goods of the defendant from
6
Raipur to Ranchi which were safely delivered and a delivery certificate duly signed by
the consignee was also submitted to the defendant.
5. That as the defendant avoided making the payment, the defendant was served with a
legal notice dated 23.06.2020 through the counsel for the plaintiff as per AD received
back duly signed.
6. That even after receipt of the legal notice, the defendant has failed to make the payment
and as the defendant has not made the payment, the plaintiff is left with no alternative
but to file the instant suit.
7. That not making payment after availing the services show ulterior and mala fide motive
of the defendants which has also resulted in wrongful gain to the defendant and
wrongful loss to the plaintiff.
8. That as the defendant has failed to make the payment after availing the services of the
plaintiff, the defendant is liable to pay the amount along with interest at the rate of 6%
per annum from 18.05.2020 to the date when the payment is actually made by the
defendant.
9. That defendant up to now is liable to pay the following amount:
Towards freight charges Rs. 50,000
Towards interest at 6% p.a. Rs. 1,250
From 18.05.2020 to 19.10.2020
TOTAL Rs. 51,250
(Fifty one thousand two hundred and fifty rupees)
10. That cause of action first arose on 18.05.2020 when the goods were transported from
Raipur to Ranchi and it further arose on 20.06.2020 when the plaintiff approached the
defendant for making the payment of the freight charges and the delivery certificate
was submitted to the defendant and cause of action Is daily arising as the defendant has
failed to make the payment even up to now.
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11. That the value of the suit for the purposes of court fees and jurisdiction has been valued
at Rs. 51,250 on which a court fee of Rs. 1,866 has been affixed.
12. That the services of the plaintiff were engaged at Raipur, goods were transported from
Raipur and freight charges were payable either at Raipur or at Ranchi and as such the
court has the jurisdiction to try and adjudicate upon such suit.
PRAYER
The plaintiff prays for the following reliefs:
i) That a decree for a sum of Rs. 51,250 may be passed in favour of the plaintiff
and against the defendant.
ii) That pendente lite and future interest may be awarded.
iii) That any other relief which this court may deem fit and appropriate under the
circumstances may be passed in favour of the plaintiff and against the defendant
Place: Ranchi PLAINTIFF
THROUGH ADVOCATE
Date: 12.03.2022
VERIFICATION
I, Jitendra Singh, do hereby verify that contents of paragraphs no. 1-12 of this plaint are true
to my knowledge and no part of it is false. The plaint and the verification clause has been
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signed by me on the 12th march 2022 at the Court of Civil Judge, Junior Division Compound
at Ranchi.
Place: Ranchi PLAINTIFF
Date: 12.03.2022
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CIVIL SUIT NO. 321 OF 2022
In the matter of:-
Shri Jitendra Singh, s/o Shri Lakshman Singh, aged 46,m/g 12 Shankar Nagar, Raipur-
492001 Chhattisgarh…….. Plaintiff
Vs.
Shri. Anirudh Prasad s/o Triloki prasad, aged 50 years, r/o A-1/2, Naya bazaar, Ranchi-
AFFIDAVIT
I, Shri Jitendra Singh, s/o Shri Lakshman Singh, aged 46,m/g 12 Shankar Nagar, Raipur-
492001 Uttar Pradesh do hereby solemnly declare and affirm on oath as under that:-
1.I am the plantiff in the aforesaid case and I am fully aware with the fact of the present
case.
2.That the content of the Written statement are true to my knowledge and same has been drafted
under my instructions.The same may be read as part of this affidavit and the content of the
same are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Ranchi that the content of paras 1 and 2 of the above affidavit are true and correct
to my knowledge. No part of it is false and nothing has been concealed therefrom.
DEPONENT
10
2. WRITTEN STATEMENT
A written statement is the statement of the defendant in his defence in which he either admits
the claims or denies the facts alleged by plant leaf in his plaint. The defendant can State New
facts of the case and legal objections against the claim asked by the plaintiff.
Order VIII Rule 1 of the civil procedure code provides that, after the service of summons, the
defendant should file the written statement within 30 days. But in case if the defendant fails to
submit it before 30 days, then he can file his statement within 90 days as the Court allows him
to do so.
CHARACTERISTICS OF WRITTEN STATEMENT
● The defendant has to appear in court on the date mentioned in the summons.
● Before the date of appearing in the court, the defendant needs to file the written
statement in the court.
● The statement should deny or accept the allegations imposed on him. Any
allegations which are not answered by the defendant are deemed to be accepted
by the defendant.
● The statement must contain the verification of the defendant by stating that the
content written in the statement is true and correct as per the knowledge of the
defendant.
● If the defendant fails to submit the written statement before 30 days, he can
seek the court to extend the time, in that case, the court may extend the time
period upto 90 days.
11
Civil Suit No. 165 OF 2022
In the matter of:-
492001 Uttar Pradesh …….. Plaintiff
Vs.
Shri. Anirudh Prasad, s/o Shri. Triloki singh, aged 50 years, r/o A-1/2, Naya bazaar, Ranchi-
WRITTEN STATEMENT
The written submission on behalf of the defendant is as follows:
PRELIMINARY OBJECTIONS
1. That the suit as framed and filed is not maintainable under the given provisions of
law and deserves dismissal straightaway being barred by limitation.
2. That the suit as framed and filed is not properly valued for the purposes of Court
fee and jurisdiction; hence deserves dismissal.
3. That the suit is framed and filed without cause of action, hence deserves dismissal.
REPLY ON MERITS
1. Para 1 of the plaint needs no reply.
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2. That the contents of para 2 under reply are false, frivolous, misconceived, wrong and
are hence vehemently denied. It is wrong and denied that the defendant was to make
payment of any freight charges on the delivery of goods as alleged. The part payment
in respect of the freight charges was paid to the plaintiff in advance at the time of
booking of the consignment and remaining amount was payable only when the goods
are delivered in perfect condition but the plaintiff has failed to deliver the goods in
perfect condition and have delivered the same in damaged condition; hence is not
entitled to any freight charges.
3. That the contents and averments para 3 under reply are false, frivolous, misconceived,
wrong and are hence vehemently denied. The plaintiff is not entitled to the
transportation charges from Raipur to Ranchi for the truck load as the goods have not
been delivered at Ranchi in perfect condition as promised.
4. That the contents of para 4 under reply are false, frivolous, misconceived wrong and
are hence vehemently denied as the defendant is within his rights to withhold the
payment of transportation charges as the plaintiff has failed to deliver the goods in
perfect condition in which they were received by plaintiff for transporting to the
consignee.
are hence vehemently denied. The receipt of the notice is not denied. However, since
the notice was a frivolous one, the same was not replied to.
are hence vehemently denied as the defendant was not supposed to make the payment;
hence the notice under reference was of no consequence.
7. That the contents and averments contained in para 7 under reply are false, frivolous,
misconceived, wrong and are hence vehemently denied. It is denied that not making
payment after availing services shows ulterior and mala fide motive as alleged as it is
the other way round as the plaintiff was supposed to deliver the goods in perfect
condition and has failed to do so; hence is not entitled to transportation charges.
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8. That contents of para 8 are false and are hence vehemently denied. When the defendant
is not liable to make payment of the transportation charges, the question of paying
interest does not arise.
9. That para 9 of the plaint is wrong and vehemently denied. The defendant is not liable
to make any payment; hence the para under reference is of no consequence.
10. That the contents of para 10 under reply are false, frivolous, misconceived, wrong and
are hence vehemently denied. It is wrong and denied that any cause of action has arisen
in favour of the plaintiff and against the defendant as the plaintiff has failed to deliver
the goods as agreed.
11. That the contents and averments contained in para 11 under reply are wrong and are
hence vehemently denied. The suit has not been properly valued for the purposes of
Court fees and jurisdiction.
12. That the contents and averments contained in para 7 under reply are wrong and are
hence vehemently denied. However, the jurisdiction of this court is not denied.
The prayer of the plaintiff is false, frivolous and misconceived. The suit deserves
dismissal with special costs to the defendant.
Place: Ranchi DEFENDANT
Date: 12.03.2022 THROUGH ADVOCATE
VERIFICATION
I, Anirudh Prasad s/o Triloki singh, aged 50 years, r/o A-1/2, Naya bazaar, Ranchi- 221010,
do hereby verify that contents of paragraphs no. 1-12 of this plaint are true to my knowledge
and no part of it is false and the contents of the remaining paras are based on legal advice of
my advocate, which I believe to be true.
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Place: Ranchi DEFENDANT
Date: 12.03.2022
15
Civil Suit No. 165 OF 2022
In the matter of:-
492001 Chhattisgarh …….. Plaintiff
Vs.
Shri. Anirudh Prasad, s/o Triloki singh, aged 50 years, r/o A-1/2, Naya bazaar, Ranchi-
AFFIDAVIT
I, Shri. Anirudh Prasad s/o Triloki singh, aged 50 years, r/o A-1/2, Naya bazaar, Ranchi-
221010 do hereby solemnly declare and affirm on oath as under that:-
1.I am the Defendant in the aforesaid case and I am fully aware with the fact of the present
case.
2.That the content of the Written statement are true to my knowledge and same has been drafted
under my instructions.The same may be read as part of this affidavit and the content of the
same are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Ranchi that the content of paras 1 and 2 of the above affidavit are true and correct
to my knowledge. No part of it is false and nothing has been concealed therefrom.
DEPONENT
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3. INTERLOCUTORY APPLICATION
To meet the ends of justice and to render timely justice to the parties, the mechanism of filing
Interlocutory applications is to an extent indispensable in civil proceedings.
“Interlocutory application” means an application to the Court in any suit, appeal or proceeding
already instituted in such Court, other than a proceeding for execution of a decree or order. The
orders which are passed in those applications are called as interlocutory orders. Webster’s New
World Dictionary defines ‘interlocutory’ as order other than a final decision. Once an action
has been commenced all subsequent applications are referred to as interlocutory applications.
The prerogative of a court while dealing with an interlocutory application is not to delve into
serious questions of law which demands detailed arguments and serious consideration and
therefore the courts do not go into the facts the resolution of which might end up in the
determination of the original suit.
Rules 6 to 10 of Order 39 mention certain interlocutory orders, which include the court’s power
to order the interim sale of movable property, to order the detention, preservation or inspection
of any property which is the subject-matter of such suit. Similarly, when the land in the suit is
liable to Government revenue or is tenure liable to the sale and the party in possession neglects
to pay the revenue or rent, the court may order any other party to the suit in case of sale of the
land to be put in immediate possession of the property.
17
IN THE COURT OF CIVIL JUDGE JUNIOR DIVISION AT VARANASI
APPLICATION NO.1989 OF 2021
IN
CIVIL SUIT NO.2768 OF 2019
In the matter of:-
Shri. Somesh Singh, s/o Shri. D.K. Singh, aged 45 years, r/o F-13, Pragya Nagar Colony,
Varanasi- 492001 …….. Plaintiff
Vs.
Shri. Vinod Kumar, s/o Shri. Kishor Kumar, aged 50 years, r/o D-67, Gilat Bazaar, Orderly
bazaar, Varanasi- 221010 ……. Defendant
APPLICATION UNDER ORDER 22, RULE 3 READ WITH SECTION 151, CODE OF
CIVIL PROCEDURE ON BEHALF OF LEGAL REPRESENTATIVES OF
PLAINTIFF FOR IMPLEADING LEGAL REPRESENTATIVES OF THE DECEASED
PLAINTIFF
Sir/Madam,
The applicant most respectfully states as under:
1. That the above noted suit is pending disposal before this Court where the next date of
hearing is 28.05.2019.
2. That in the instant matter the plaintiff has died on 02.04.2019 and under the
circumstances, applicants being the legal representatives of the plaintiff are to be
brought on record in place of the plaintiff.
3. That the plaintiff is survived by the following legal heirs:
i) _______________, Widow
ii) _______________, Son
iii) _______________, Daughter
4. That there are no other legal heirs of the deceased.
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5. That right to sue survives in favour of the legal representatives in the instant matter as
it is suit for possession and the right is connected with the estate of the deceased.
6. That as the applicants have survived to the estate of the deceased, it is in the interest of
justice that the applicants are substituted for plaintiff in the aforesaid matter.
7. That the plaintiff died on 02.04.2019 and the application is within limitation.
PRAYER
It is, therefore, prayed that this Court may be pleased to order the substitution of the
applicants in favour of the plaintiff.
Place: Varanasi PLAINTIFF
Date: 16.04.2019 THROUGH ADVOCATE
AFFIDAVIT
I Shri. Somesh Singh, s/o Shri. D.K. Singh, aged 45 years, r/o F-13, Pragya Nagar Colony,
Varanasi- 492001 do hereby solemnly declare and affirm on oath as under that:-
1.I am the plantiff in the aforesaid case and I am fully aware with the fact of the present
case.
2.That the content of the interlocutory application are true to my knowledge and same has been
drafted under my instructions.The same may be read as part of this affidavit and the content of
the same are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified with the compound of civil court, Varanasi that the content of paras 1 and 2 of the
above affidavit are true and correct to my knowledge. No part of it is false and nothing has
been concealed therefrom.
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DEPONENT
4. EXECUTION PETITION
The word 'execution' is not defined in the C.P.C. It simply means the process for enforcing the
decree that is passed in favour of the decree holder. As per Rule 2 (e) of Civil Rules of Practice
“Execution Petition” means the Petition to the court for the execution of any decree or order.
As per Rule 2 (f) of Civil Rules of Practice “Execution application” means an application to
the court made in a pending Execution Petition and includes an appli cation for transfer, of a
decree. Execution of a decree or an order or implementation or enforcement of such decree or
orders, these are important steps since they are concerned with realization of the fruits of the
decree or the orders as the case may be. Quite often, it is said that the difficulty for the decree-
holder would commence after obtaining decree since there would be several obstacles, the
procedural technicalities, which may come in the way, several obstructions may be created for
realization of the fruits of the decrees or the orders. Section 51 of the Code deals with powers
of Court to enforce execution.
20
IN THE COURT OF FAMILY JUDGE AT RANCHI
EXECUTION PETITION NO 4536 OF 2019
In the matter of:-
Smt. Muskan Keshwani, w/o Shri Kartik Sengupta, aged 40 years, r/o B-189, Sai Kalyan
Hospital , Raipur - 492001 __________ Decree Holder
V/s
Shri. Kartik Sengupta, s/o Shri S.K. Sengupta, aged 43 years, r/o B-189, Sai Kalyan Hospital,
Raipur - 492001 __________ Judgement Debtor
An application under Rule 11 of Order XXI of CPC
The plaintiff who is decree holder named above most respectfully submits that he was plaintiff
in Civil Suit No. 886 of 2018 precise description of which is as follows:
1. That the defendant was a tenant of , r/o B-189, Sai Kalyan Hospital, Raipur -
492001of which plaintiff is the owner.
2. That on 11.06.2017 the plaintiff gave the notice of eviction to the defendant because
of urgent and bonafide need of the building for nursing home.
3. That the respondent did not take any action in accordance with the notice and
refused to evict the house, as well as refused to pay the monthly rent.
4. That the plaintiff had filed a suit for the eviction of the defendant and also for the
recovery of arrears of rent on 3rd day of Feb 2018.
5. That the matter has been finally decided in plaintiff’s favour and no appeal has been
preferred till date.
6. That it is therefore the decreetal amount set forth in pro-forma attached herein paid
to the plaintiff.
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DETAILS OF DECREE
1. No. of Suit Civil suit No. 886 of 2018
2. Name of Parties Smt. Muskan Keshwani, w/o Shri

Surendra Mishra, aged 40 years, r/o B-
189, Sai Kalyan Hospital, Raipur -
492001
V/s
Shri. Kartik Sengupta, s/o Shri S.K.

Mishra, aged 43 years, r/o B-189, Sai
Kalyan Hospital, Raipur - 492001
3. Date of Decree/order of which execution is 21.06.2022
sought
4. Whether an appeal was filed against the
decree / order under execution? No
5. Whether any payment has been received
towards satisfaction of decree/order No
6. Whether any application was made
previous to this and if so their dates and results No
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7. Amount of suit alongwith interest as per
decree or any other relief granted by the decree Rs. _______________
8. Amount of costs if allowed by Court Rs. _______________
9. Against whom execution is sought Shri. Surendra Mishra
10. In what manner court's assistance is sought By attaching the movable and
immovable properties of the JD for
realizing the decretal amount and in case
of resistance the JD may be arrested and
put in civil prison.
PRAYER
The Decree Holder humbly prays that the total amount of Rs. ______ together with interest at
12% per annum upto the date of payment and the cost of making of this execution be realised
by attachment and sale of the property of the judgment debtor as per annexed list and paid to
me.
Place: Ranchi APPLICANT
Date: 18.08.2019 Signature of Decree holder
THROUGH ADVOCATE
VERIFICATION
I, Smt. Muskan Keshwani, w/o Shri Kartik Sengupta do hereby verify that the contents of this
execution application are true and correct to my knowledge and belief. Nothing has been
concealed therein.
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Place: Ranchi Decree holder/Plantiff
Date: 18.08.2021
24
AFFIDAVIT IN SUPPORT OF EXECUTION PETITION
IN THE COURT OF FAMILY JUDGE AT RAIPUR
EXECUTION PETITION NO 4536 OF 2019
In the matter of :-
Smt. Muskan Keshwani, w/o Shri Kartik Sengupta, aged 40 years, r/o B-189, Sai Kalyan
Hospital, Raipur - 492001 __________ Decree Holder
V/s
Shri. Kartik Sengupta, s/o Shri S.K. Senupta, aged 43 years, r/o B-189, Sai Kalyan Hospital,
Raipur - 492001 __________ Judgement Debtor
AFFIDAVIT
I, Smt. Muskan Keshwani, w/o Shri Kartik Sengupta, aged 40 years, r/o B-189, Sai Kalyan
Hospital, Raipur - 492001, do hereby solemnly affirm and declare that:-
a. That I am the Decree Holder and I am therefore fully conversant with the facts of
the present case to depose about the same.
b. I state the contents of the accompanying execution petition are true and correct to
my knowledge and the same may be read as part of this affidavit. The contents of
the same are therefore not repeated herein for the sake of brevity.
c. That the contents of the accompanying execution petition and the present affidavit
have been read over and explained to the deponent in vernacular and the same are
correct.
DEPONENT
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VERIFICATION
Verified at Raipur on the 18th day of August 2020 that the contents of paras ‘a’ to ‘c’ of the
above affidavit are true and correct to my knowledge. No part of it is false and nothing has
been concealed therefrom.
DEPONENT
26
5. MEMORANDUM OF APPEAL
Any appeal under these provisions must be supported with a memorandum of appeal, which is
a document comprising of the grounds of appeal. The constituents of a valid memorandum of
appeal include:
● The grounds for filing an appeal.

● Signature of the appellant or his/her pleader.
● The attachment of the certified copy of the original judgement.
● The remittance of the decretal amount or security (in case of a money decree).
●
The appellant, with respect to this provision, is not entitled to take any grounds or objection
except the ones mentioned in the memorandum. However, the court may accept such objections
on its own accord, provided the opposite party is provided with adequate opportunities to
contest such grounds.
The court has the right to reject or amend any memorandum which it finds to be inappropriate.
The court shall record the reasons for such rejection.
27
IN THE COURT OF DISTRICT JUDGE AT RAIPUR
First Appeal No. ... Of 2020

Under Section 96 of CPC, 1908
.
In the matter of:-
Mr. Sonu singh s/o B. C. aged 35 years r/o 123, A B Road,
New Raipur – 110005 ..................................... Defendant/Appellant
Vs.
Mr. Vishal singh. s/o O. P. aged 46 years r/o 456, XY Road,

New Raipur- 110005 ..…............................... Plaintiff/Respondent
Appeal against the judgment and decree passed by Shri __________, Civil Judge Junior
Division at Varanasi on 24.02.2019 in Suit No. 345 of 2015
MEMORANDUM OF APPEAL
Sir/Madam,
The aforementioned plaintiff-appellant appeals against the judgment and decree of the Court
of Civil Judge Junior Division, at Raipur, passed in Original Suit No 345 of 2015 between A.
B s/o B. C vs. M.N s/o O. P., dated 24.02.2019.
BRIEF FACTS:
1. That the respondent filed a recovery suit bearing no. 345 of 2015 in the Court of Shri
_______, the then Civil Judge, Junior Division at Raipur for a sum of Rs. _____ against
the appellant alleging written agreement between the parties for realizing the said
amount.
28
2. That after filing of the written statement by the appellant and replication by the
respondent, the following issues were framed by the Court:
I) Whether the suit has been filed and verified by duly authorized person on behalf
of the plaintiff?
II) Whether the suit of the plaintiff is liable to be stayed under Section 10, CPC?
III) Whether the plaintiff is entitled to recovery of the suit amount?
IV) Whether the plaintiff is entitled to any interest, if so, at what rate?
V) Relief?
3. That arguments were heard on issue no. 2 under section 10 of CPC and the issue was
decided in favour of the respondent and against the plaintiff.
4. That after deciding the issue in favour of the respondents, the Court of Shri ________,
Civil Judge, suo motu passed the judgment and decree under order 12, Rule 6, for a sum
of Rs. _____ alongwith interest at 9% per annum to the respondent on the principal
amount of Rs. _____ against the appellant and in favour of the respondent without
recording evidence and without there being any admission which may warrant passing
of decree under Order 12, Rule 6, CPC.
5. That the judgment and decree passed by the learned Lower Court is illegal on the face
of it as when once the Court has decided to go for trial, any decree under Order 12 Rule
6 is illegal and suffers from material irregularities.
The appellant being aggrieved by the said decree and judgment prefers this appeal on
the following amongst other grounds:
1. That the judgment and decree passed the trial Court under Order 12, Rule 6 suo
motu is illegal and uncalled for and suffers from material irregularity as the Court
has passed the decree without going for trial.
2. That once the issue was framed whether the suit has been filed and verified by the
duly authorized person as issue no. 1 then without evidence any judgment under
Order 12 Rule 6, was uncalled for and not tenable in law as it was a question of fact
and could be decided by evidence.
29
3. That when there was no admission in the written statement, the Court was not within
its rights to pass a decree under Order 12 Rule 6 against the appellant.
4. That the Court has illegally held that there is admission made in the written
statement when there is no such admission in the documents nor the said admission
can be considered for the purposes of decree under Order 12 Rule 6.
5. That the judgment passed by the trial Court is against the rules of natural justice as
well as it is non-speaking order to the effect that the Court has held that the
judgments cited by the appellant are not applicable to the present case without
giving any reasons thereof.
6. That the judgment and decree passed by the trial Court is erroneous on the face of
it and even on cursory look, it shows the casual approach with which it is passed.
7. That the judgment and decree passed by the Court is devoid of any merits and
deserves rejection straightaway.
8. That the judgment is based on vague conjectures and not sure conclusion.
9. That the judgment is unreasonably perverse, manifestly illegal and grossly unjust.
10. That the judgment passed by the trial Court has not been passed with due diligence
and appears to have been passed without giving cogent reasons.
PRAYER
It is, therefore, humbly prayed 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 decree
and the judgment under appeal, passed by Shri __________, Civil Judge Junior Division at
Varanasi on 24.02.2019 in Suit No. 345 of 2015 be set aside and quashed.
It is further prayed that any other orders deemed just and proper be kindly passed in favour of
the appellant by this Court and the cost of this petition be awarded in favour of appellant.
30
Place: Varanasi (Signature of the plantiff advocate)
Date: 6.04.2019 Advocate for the plantiff-Appelant
VERIFICATION
Verified at New Raipur on 24th Feb 2019 that the content of para 1 to 10 of the present appeal
are true and correct to my knowledge. No part of it is false and nothing has concealed
therefrom.
APPELLANT
31
6. MEMORANDUM OF REVISION
Revision means to go through something carefully, thoroughly and diligently. Cases can be
revised by the High Court as it possesses revisional jurisdiction as defined under Section 115
of the Code of Civil Procedure. The High Court has the right to revise cases decided by
subordinate courts to ensure delivery of justice and maintenance of fairness.
The primary objective of a revisional authority of the High Court empowered by Section 115
is to ensure that no subordinate court acts arbitrarily, illegally, capriciously, irregularly or
exceeds its jurisdiction; and allows the High Court to guarantee the delivery of justice while
ensuring that the proceedings are conducted in accordance with the rule of law and furtherance
of fairness. It must be noted that the judges of subordinate courts have the absolute authority
to decide on cases. They do not commit any “jurisdictional error” even when they wrongfully
or extra-judicially decide a case. The High Court has the power to revise these jurisdictional
errors committed by subordinate courts. This provides an opportunity to any aggrieved party
to rectify a non-appealable order by a subordinate court.
32
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL REVISION APLLICATION NO. 14 OF 2022
In the matter of:-
Mrs. Muskan Keshwani, W/o Mr. Sushil kumar Keshwani, aged about 35 years, R/o 41/50,
Lane 3, Kandharpur,sandesh, Prayagraj
…………………….APPLICANT
VERSUS
Mr. Utkarsh Raj Mallick , S/o Mr. Butan Mallick, aged about 40 years, panpura,Sandesh,
Prayagraj
…………………….OPPONENT
CIVIL REVISION u/s 115 of C.P.C
To,
The Honorable Chief Justice
And the other Judges of the
Hon’ble High Court.
The applicant named above humbly submits:-
1) That the opponent had instituted a civil suit bearing no. 2214 of 2018 in the court of
Civil Judge, Senior Division, Prayagraj for the recovery of ₹ 2,00,000. On the ground
33
of a promissory note said to be due on the applicant after selling opponents warehouse
at sandesh, Prayagraj.
2) That the applicant said that he had already paid a sum of ₹ 8,75,000 to the opponent as
a cost of the warehouse and no cost was due with regard to the said warehouse.
3) That the court decreed the said suit on 14.11.2019 and ordered the applicant to pay the
due amount of the decree to the opponent.
4) That the applicant being aggrieved by the said decree and judgment thereof, prefers this
application on the following grounds:
a) That the decree and judgment passed by the learned judge is unjust and not in
accordance with law.
b) That the judgment 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 not issued by
the applicant.
d) That the document examiner was not called upon even when was requested again
and again by the applicant.
e) That in the course of trial while acting in his jurisdiction the learned judge has done
some material irregularity and illegality.
f) That the said judgment is against justice, equity and good conscience thus not
substance in the court.
g) That in the aforesaid circumstance the applicant submits that the Hon’ble Court be
pleased to call for the records of the trial court and revise its judgment and decree
in the interest of justice.
PRAYER
That in the aforesaid circumstances the applicant submits that the Hon’able court be pleased to
call for record of trying and revise its judgement and decree in the interest of justice.
DATE: 05.01.2021
PLACE: Patna APPLICANT
34
7. PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10
OF HINDU MARRIAGE ACT, 1955
In Judicial Separation, before going on with Divorce Proceedings both the husband and the
wife get an opportunity to introspect about giving a chance to their marriage, before going on
with the divorce proceedings. Under a decree of Judicial Separation, both the parties live
separately for a period of time getting adequate space, independence and time to think about
continuing their marriage or not. During this phase, both the parties still carry the same legal
status of being husband and wife and yet at the same time live separately also.
Grounds for judicial separation
The Court may Grant Judicial Separation on the following grounds:
Cruelty - Either of the spouse or both are cruel for one another.
Desertion - Either of the spouses is not alive and is missing since seven years and above.
Adultery - Either of the spouses is being cheated upon by other spouse. In case a husband or
a wife knows that their respective spouse is married and that the other person is alive during
this petition; then the grounds for judicial separation strengthens.
Forced conversion of religion - Either of the spouses is forcing the other one to change and
convert his/her religion.
Incurable diseases - such as , cancer, Ebola, etc.
35
Insanity or abnormality - Either of the spouses is not in a sound condition.
Venereal or sexual diseases - Either of the spouses is suffering from sexual diseases such as
HIV, AIDS, Genital Herpes, Syphilis, etc.
Rape, Sexual Harassment, Molestation, Bestiality and Sodomy.
Renunciation of the world by either of the spouse on religious or spiritual grounds.
Child marriage - Either of the spouses is married without his/her consent before attaining 18
years of age.
36
IN THE FAMILY COURT, RANCHI PETITION NO. 621 OF 2022
In the matter of:-
Mrs. Muskan Keshwani, W/o Mr. Samar Keshwani, aged about 32 years, R/o Flat No. 55, Pihu
Apartment, Ranchi
…………………….PETITIONER
VERSUS
Mr. Kartik Sengupta, S/o Praveen Sengupta, aged about 34 years, R/o A-44, Lane 2, Ranchi
…………………….RESPONDENT
The petitioner above named u/s 10 of the Hindu Marriage Act, 1955 states as follows:
1. The petitioner submits that she is the legally married wife of the respondent. This
marriage was celebrated in the year 2015 at Ranchi, Jharkhand. At the time of marriage
petitioner’s parents gave 20 thulas of gold, a brand new Maruti Swift, and ₹ 90,00,000/-
in cash as a dowry to the respondent. The marriage was consummated immediately.
2. The petitioner submits that the respondent had a shopping center center in Chungi,
Ranchi and after their marriage he made a lot of money and reputation through that
shopping center and they were living a happy married life.
3. The petitioner submits that after 4 years of their marriage the respondent suffers some
loss in the shopping center and thus from 2018 there were some ups and downs in their
life.
4. The petitioner submits that slowly the respondent has cultivated habits of drinking and
taking weeds. Which slowly affects his potency and as a result he loses his sexual
potency. The General Hospital, Ranchi also did the checkups of the respondent and said
that he has lost his potency due to massive use of alcohol and weeds.
5. The petitioner submits that after the report given by the hospital the respondent became
more frustrated and made a tendency of abusing the petitioner and questioning her
modesty. He also abuses the petitioner in front of her family members.
37
6. The petitioner submits that she tolerated all the mental torture. Added to this, the
respondent used to beat her by leather belt . He enjoys her screaming. Sometimes
gagged her mouth with anything he get and subject her to physical cruelty
7. The cause of action for this petition for Judicial Separation arose on 27.11.2022 and
also on 20.12.2022 when she was frightened of her life ran away to her parent’s house.
8. The petitioner submits that no similar petition 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.
Mrs. Muskan Keshwani

PETITIONER
VERIFICATION
I, Muskan Keshwani, the above named petitioner do hereby solemnly state and declare that the
contents of Para 1 to 9 of this petition are true to my knowledge and belief.
DATE: 15.02.2023 Mrs. Muskan Keshwani
PLACE: Ranchi PETITIONER
THROUGH ADVOCATE
38
(AFFIDAVIT IN SUPPORT OF MATRIMONIAL PETITION)
IN THE FAMILY COURT, RANCHI
PETITION NO. 621 OF 2021
In the matter of:-
Mrs. Muskan Keshwani, W/o Mr. Samar Keshwani, aged about 32 years, R/o Flat No. 55, Pihu
Apartment, Ranchi
…………………….PETITIONER
VERSUS
Mr. Kartik Sengupta, S/o Praveen Sengupta, aged about 34 years, R/o A-44, Lane 2, Ranchi
AFFIDAVIT
I, Mrs. Muskan Keshwani the above mentioned petitioner state as follows on solemn
affirmation as under:
1. That I say that I was married to respondent on November 27, 2015 at Ranchi according
to traditional Hindu method 2011. I had cohabited with the respondent at Ranchi but
had no issue.
2. That I say that after May 2018 the respondent started abusing and had inflicted cruelty
towards me.
3. That I say that I have therefore prayed for a judicial separation of said marriage in said
petition.
4. That I therefore submit that this notice of motion made absolute with costs.
Solemnly affirmed at Ranchi on 15th of February, 2023 before Registrar/Superintendent Civil
Court, Ranchi
DATE: 15.02.2023
39
PLACE: RANCHI DEPONENT
8. WRIT OF HABEAS CORPUS UNDER ARTICLE 226
The word habeas corpus literally means to have a body. A writ of habeas corpus is in the nature
of an order upon the person who has detained another to produce the latter before the court, in
order to let the court know on what ground he has been confined and set him free if there is no
legal justification for the imprisonment.
It’s a Latin phrase that means “to have a body or to produce a body.” This is the most powerful
and most often used writ. For example, if a person is wrongfully held by the government, that
person, or his family or friends, can file a writ of Habeas Corpus to have that person released.
When this writ is used, the Supreme Court or the High Court interrogates the State about the
reasons for the individual’s detention. If the ground is judged to be irrational, the person is
promptly freed from custody. It is the court’s order to bring the detainee before the court and
determine whether the arrest was valid or not. The primary objective of this writ is to free a
person who has been unlawfully detained or imprisoned. This writ is crucial since it determines
a person’s right to freedom and personal liberty.
This writ cannot be used in the following four situations:
● Detention is legal;
● Disobedience to the Court;
● The Court has no jurisdiction over detention;A Competent Court is in charge of
detention.
Who may apply for the writ:
● The individual who has been illegally imprisoned or incarcerated;
40
● The individual who is aware of the advantage related to the case;
● The individual who has knowledge about the facts and circumstances of the case
willingly files a writ of habeas corpus under Articles 32 and 226.
IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT ALLAHBAD / BENCH AT LUCKNOW
Writ Petition No. ………… / 2022
In the matter of:-

Ms. Kanishka Saxena, aged about 25 years, daughter of Shri BN Saxena, resident of C-1,
Kailash Nagar Colony, Mau-221601 ………… Petitioner
Vs.
1. Head of Department, Govt. Law College, Mau.

2. Registrar, PU
3. Vice-Chancellor. PU ………… Respondents
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA
1. That the petitioner is a final year law student pursuing LLB (3 Year Degree Course,
Semester System) from Govt. Law College, Mau, which is affiliated to Purvanchal
University (referred hereinafter as PU in brief) and she intends to pursue LLM in
academic session 2022-2024.
41
2. That the petitioner also intends to appear in Civil Judge Class II Examination, which is
being conducted by Honourable High Court of M. P. in September 2022.
3. That there has been inaction on the part of PU in view of its inordinate delay in
conducting LLB 6th semester exam, which was to be held in May 2022 and the result
of which was to be declared in June 2022. The same has not been conducted yet and no
tentative date for conducting the same has been announced. This delay on part of
Respondents 1, 2 and 3 is preventing the petitioner from pursuing LLM in the academic
session 2022-2024.
4. That this inaction on part of the above-named Respondents is also hindering the
Petitioner from appearing in Civil Judges Class II Examination to be conducted by
Honourable High Court of M. P. in September 2022.
5. That there has also been an arbitrary and illegal award of marks in one practical subject
named “Moot Court, Pre-trial Preparation and Participation in Trial Proceedings”, the
Viva-Voce for which was not conducted by the College and marks were awarded on
arbitrary basis without disclosing the criteria for awarding the same.
6. That no matter relating to the subject matter of this petition has been previously
instituted or is pending in any Court, authority or tribunal at the instance of the
petitioners.
7. That the Petitioner has given written representation to Registrar, PU as well as to Vice
Chancellor, PU on 03/06/2022. She has also personally met with the Registrar as well
as the Vice Chancellor seeking redressal to her grievances. However, no attempt has
been made to safeguard the future of the petitioner and other similarly placed students.
8. That there is no delay in filing of this petition.
GROUNDS
1. That the petitioner’s and other similarly placed students’ future is at stake as they are
unable to take admissions in other colleges and universities of India for LLM courses
due to late conduction of examinations. Complete one year of petitioners is being
wasted because of this inaction and irresponsible attitude of Respondent No. 1.
2. That even the Vice Chancellor of the School of Law, which is run by PU, is not allowing
the petitioner to appear in her entrance exam for LLM.
3. That due to low marks awarded to the petitioners in the practical subject, she has been
rendered uncompetitive to secure admission in LLM courses in colleges affiliated to
42
PU on the basis of merit. The low marks awarded in the practical subject also look bad
on the petitioner’s resume and adversely affect the petitioner’s chances of securing a
job or other career related activities.
4. That the Petitioner is unable to appear in Civil Judge Class II examination which is
being conducted in September 2011 for no fault of hers.
5. That petitioner is being denied their fundamental right to work due to delay in obtaining
Sanad.
6. That it is a duty of PU to conduct exams fairly and on time, which it has failed to do.
7. That it is a duty of Respondent No. 1, to evaluate the students fairly in Practical subjects,
which it has failed to perform.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
1. Issue a writ of mandamus or any other appropriate writ, order, or direction, direct
the Respondent No 1 and 2 to conduct the exams of 6th semester of LLB course
and declare the result without further delay.
2. Respondent No. 3 be directed to permit the petitioners to appear for their entrance
examination for LLM and be given provisional admission if they are successful in
the entrance examination.
3. Respondent No 1 and 2 be directed to either –
a. Ignore the marks in this subject for calculation of aggregate percentage for LLB
Degree. It is worth mentioning that that PU already does ignore the marks for Paper
5 of Semester 5, which is also a practical subject.
b. Rationalise the marks given in the practical subject of “Moot Court, Pretrial
Preparation, and Participation in Trial Proceedings”.
4. Cost of this petition be awarded to the petitioners.
5. Any other relief, which this Hon’ble Court deems fit in the peculiar facts and
circumstances of the case in the interest of justice may be awarded to the Petitioner.
Drawn and filed by the Advocate for the petitioner.
43
Place: Lucknow
Date: 04.09.2022 Advocate for the Petitioner.
(AFFIDAVIT)
IN THE HIGH COURT OF ALLAHABAD

PRINCIPAL SEAT AT ALLAHABAD / BENCH AT LUCKNOW
44
Writ Petition No. ………… / 2022
In the matter of:-

Ms. Kanishka Saxena, aged about 25 years, daughter of Shri BN Saxena, resident of C-1,
Kailash Nagar Colony, Mau -221601 ………… Petitioner
Vs.
4. Head of Department, Govt. Law College, Mau.

5. Registrar, PU
6. Vice-Chancellor. PU ………… Respondents
AFFIDAVIT
I, _____, d/o _______, R/o _________, do hereby solemnly affirm and state as
under:
1. That I am competent to swear and affirm this affidavit.

2. That the contents of the accompanying petition under Art 226 of the
Constitution of India are true and correct to my knowledge and belief and
believed by me to be true No part has been concealed thereof.
Place: Lucknow
Date: 04.09.2022 Deponent
VERIFICATION
I, ______, do hereby verify that the facts stated in my affidavit 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 Lucknow this 4th Day of September 2022.
45
Place: Lucknow Deponent
CRIMINAL PLEADINGS
1. COMPLAINT
46
If even after submitting a complaint to Senior Police officials no FIR is lodged then the
informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan
Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the
FIR to be registered by the police and commencing investigation into the matter. The
Informant can file a Complaint under Section 200 CrPC.
As Per Section 200 of Criminal Procedure Code (200. Examination of complainant), A

Magistrate taking cognizance of an offence on complaint shall examine upon oath the
complainant and the witnesses present, if any, and the substance of such examination shall be
reduced to writing and shall be signed by the complainant and the witnesses, and also by the
Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not
examine the complainant and the witnesses-
(a) if a public servant acting or- purporting to act in the discharge of his official duties or a
Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section
192:
Provided further that if the Magistrate makes over the case to another Magistrate under section
192 after examining the complainant and the witnesses, the latter Magistrate need not re-
examine them.
As per Section 156(3) any Magistrate empowered under section 190 may order such an
investigation.
1. Complaint Under
Section:323 Of Indian
Penal Code, 1860 Read
with S. 200, Cr.P.C.
47
IN THE COURT OF JUDICIAL MAGISTRATE, FIRST-CLASS AT RAIPUR
COMPLAINT NO. ___ OF 2022
In the matter of:-
Miss. Aarti Vij, D/o. Satnam Vij, aged about 21 years, Residing at S.V. Women Hostel,
Raipur. Permanent resident of 43/790, K.S. Road, Rajampet, Raipur
……. Complainant
Vs.
Mr. Om Kapoor, S/o. Ram Kapoor, aged about 26 years, residing at Men’s Hostel, S.V.
Engg. College. Permanent resident of 7/90, T. Nagar, Rajampet, Raipur.
…….. Accused.
Police Station: Mowa, Raipur
COMPLAINT FILED ON BEHALF OF THE COMPLAINANT
The complainant most respectfully submits as under:
1. That she is studying in III Year, B.Tech. Course, in S.V. Engineering College, Raipur
and that she knew the accused well.
2. That the accused had been behind her for last 6 months, but she never encouraged him.
He wrote a love letter to her and she admonished him and then one day he pulled her
upper saree in the class room and on her report, he was suspended from college for a
month. This happened on 01.02.2022.
3. That on 12.02.2021, the complainant came to Varanasi Bus Station along with her
friends Yogi, Anitha and Valli to bid farewell to the hockey team of her college going
to Visakhapatnam in Tirumala Express. She came out of the station and went to the Bus
Station at about 8.00 pm along with her friends, where she found the accused near auto
stand.
48
4. That while she was bargaining with the auto driver, the accused came there and abused
her saying that she was responsible for his suspension from the college. The accused
also tried to grab her right hand. When she protested, he immediately stabbed her on
her left and right cheeks and also on her back with his fists. The complainant cried
loudly and the auto rickshaw drivers and passengers handed him over to police
constable near the Bus Station. But he did not take the accused to police station saying
that it was a non-cognizable offence. Hence, this complaint is being made directly.
PRAYER
The complainant, therefore, prays that action be taken against the accused person and court
may be pleased to take cognizance of the offence Under Section 323 IPC. It is further prayed
that the accused may please be summoned, directed to face the trial and punished according to
law.
Place: Raipur COMPLAINANT
Date: 14.02.2022
VERIFICATION
Miss. Aarti Vij, D/o. Satnam Vij, aged about 21 years, Residing at S.V. Women Hostel, Raipur.
Permanent resident of 43/790, K.S. Road, Rajampet, Raipur, do hereby notify that content of
para 1 to 4 are true to the best of my knowledge and no part of it are false and nothing has been
concealed therein.
Place: Raipur (SIGNATURE)
Date: 14.2.2022
49
IN THE COURT OF JUDICIAL MAGISTRATE, FIRST-CLASS AT RAIPUR
COMPLAINT NO. ___ OF 2020
In the matter of:-
Miss. Aarti Vij, D/o. Satnam Vij, aged about 21 years, Residing at S.V. Women Hostel,
Raipur. Permanent resident of 43/790, K.S. Road, Rajampet, Raipur
……. Complainant
Vs.
Mr. Om Kapoor, S/o. Ram Kapoor, aged about 26 years, residing at Men’s Hostel, S.V.
Engg. College. Permanent resident of 7/90, T. Nagar, Rajampet, Raipur.
…….. Accused.
AFFIDAVIT
I, Miss. Aarti Vij, D/o. Satnam Vij, aged about 21 years, Residing at S.V. Women Hostel,
Raipur. Permanent resident of 43/790, K.S. Road, Rajampet, Raipur, do herby solemnly affirm
and declare as follows:-
1. I am the complainant in the aforesaid case and am therefore full conversant with the
facts of the present case to depose in the matter.
2. That the complainant is fully acquainted with the facts and circumstances of the case.
3. That the Performa attached with the application contains the true facts.
4. That the statements made above are true and nothing has been concealed.
DATE: 15.02.2021
PLACE: Raipur DEPONENT
VERIFICATION
50
Verified within the compound of Criminal Court, Raipur on this day of 15th Feb, 2020 that the
contents of paras 1 to 4 of the above affidavit are true and correct to my knowledge. No part of
it is false and nothing has been concealed therefrom.
DEPONENT
IN THE COURT OF JUDICIAL MAGISTRATE, FIRST-CLASS AT VARANASI
Crim. Complaint No. ___ OF 2020
In the matter of:-
MNP, w/o. B.C., aged about 28 years, r/o 43/790, K.S. Road, Rajampet,
Raipur -221012. . ……. Complainant
Vs.
XRT., S/o. M.N., aged about 25 years, r/o 7/90, T. Nagar, Rajampet,
Raipur -221012. …….. Accused.
Police Station: Mowa, Raipur
Under Section: 354 Of Indian Penal Code, 1860
2. COMPLAINT FILED ON BEHALF OF THE

COMPLAINANT UNDER SECTIONS 354,
I.P.C.
The complainant most respectfully submits as under:
1. That on 12.04.2020 at about 12 PM, the complainant was carrying day meal for her
husband B.C., who was working in the field. The said field is situated at a distance of
about three miles from the town.
51
2. That when the complainant reached near the culvert, the accused person met her and
blocked her way. He told the complainant that he loved her. The accused then caught
hold of the complainant with both his hands and hugged her, repeatedly telling her that
he will take her away from her husband. The complainant raised hue and cry which
attracted the people working in the neighbouring fields on the spot. Seeing this, the
accused ran away.
3. The First Information Report about the incident was lodged by the complainant’s
husband B.C. on the same day at 1 P.M. at Police Station Lanka, Varanasi.
4. That the accused has assaulted and used criminal force to outrage the modesty of the
complainant and thus committed an offence under Section 354 of the Indian Penal
Code.
PRAYER
The complainant, therefore, prays that action be taken against the accused person and Court
may be pleased to take cognizance of the offence Under Section 354 of IPC. It is further
prayed that the accused may please be summoned, directed to face the trial and punished
according to law.
Place: Raipur COMPLAINANT
Date: 14.04.2020
VERIFICATION
I, A.B, w/o. B.C., aged about 28 years, r/o 43/790, K.S. Road, Rajampet,
Varanasi-221012. , do hereby verify that the contents from para 1 to 4 are correct and true to
the best of my knowledge and personel belief and no part of it are false and nothing has been
concealed therein.
SIGNATURE
52
IN THE COURT OF JUDICIAL MAGISTRATE, FIRST-CLASS AT VARANASI
Crim. Complaint No. ___ OF 2020
In the matter of:-
MNP, w/o. B.C., aged about 28 years, r/o 43/790, K.S. Road, Rajampet,
Varanasi-221012. . ……. Complainant
Vs.
XRT., S/o. M.N., aged about 25 years, r/o 7/90, T. Nagar, Rajampet,
Varanasi-221012. …….. Accused
AFFIDAVIT
I, A.B, w/o. B.C., aged about 28 years, r/o 43/790, K.S. Road, Rajampet,
Varanasi-221012, do herby solemnly affirm and declare as follows:-
1. I am the complainant in the aforesaid case and am therefore full conversant with the
facts of the present case to depose in the matter.
2. That the complainant is fully acquainted with the facts and circumstances of the case.
3. That the Performa attached with the application contains the true facts.
4. That the statements made above are true and nothing has been concealed.
DATE: 14.04.2020
PLACE: Varanasi DEPONENT
VERIFICATION
Verified within the compound of Criminal Court, Varanasi on this day of 14th April, 2020 that
the contents of paras 1 to 4 of the above affidavit are true and correct to my knowledge. No
part of it is false and nothing has been concealed therefrom.
53
DEPONENT
3. CRIMINAL MISCELLANEOUS PETITION
CRIMINAL MISCELLANEOUS PETITION (IN THE COURT OF SECOND ADDL.

JUDICIAL MAGISTRATE AT VARANASI)
Criminal Misc. Petition. NO. _____ OF 2020
In the matter of:-
MNP, d/o. B.C., aged about 25 years, r/o 43/790, K.S. Road, Rajampet,
Varanasi-221012. . ……. Petitioner
Vs.
SRT., S/o. M.N., aged about 26 years, r/o 7/90, T. Nagar, Rajampet,
Varanasi-221012. …….. Respondent
PETITION FILED ON BEHALF OF THE PETITIONER UNDER SECTION 128 OF

CR. P.C.
The humble submission of the petitioner is as follows:
1. That the petitioner filed the above M.C. for grant of separate maintenance on 8.8.2018
against the respondent seeking a sum of Rs. 400 per month to be awarded.
2. That the learned Court, after due contest, by order dated 06.01.2019 granted
maintenance to the petitioner directing the respondent to pay a sum of Rs. 600 per
month to the petitioner from 01.01.2019 and keep paying in future.
3. That the respondent has not paid any maintenance so far, and has thus disobeyed the
order of this learned court.
54
4. That the arrears of maintenance from 09.01.2020 to 09.04.2020 amount to Rs. 13,500/-
PRAYER
It is, therefore, prayed that the learned court may be pleased to pass an order directing the
respondent to pay to the applicant Rs. 13,500 as arrears of maintenance.
Place: Varanasi Petitioner
Date: 14.04.2021
VERIFICATION
I, ______________, do hereby declare 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.
Place: Varanasi Petitioner
Date: 14.04.2021
55
5. MEMORANDUM OF APPEAL
Beginning with the meaning of these terms, a memorandum of appeal denotes a written
document containing among other details the grounds on which the decision of a court is
challenged. The person who files a memorandum of appeal is called an appellant. Interestingly,
the word ‘appeal’ has not been defined in the Criminal Procedure Code. A Memorandum of
revision similarly is a document filed when the person alleges that the decision passed by the
court is erroneous and should, therefore, be revised and set right. Unlike, review where usually
the case is re-examined in the same court by the same judge, revision implies revising the
judgment by a higher court than the one that delivered it. Section 397 to Section 405 includes
powers of revision whereas section 372 to Section 394 includes provisions related to the
memorandum of appeal.
The format of a memorandum of appeal is different from that of a petition.
A petition requires all the facts and details to be included in the petition. This is not the case
in the memorandum of an appeal. The rules for a memorandum of appeal are the same for both
the Supreme Court and High Courts.
The format for a memorandum of appeal is as follows:
The format is broadly divided into two parts formal and material part.
1. Formal Part
○ Heading of the case
○ Name of the parties
○ Valuation of the appeal
○ Introductory details of the state of the appellant
56
2. Material Part
○ Grounds for appeal
The heading of the case should include details such as the name of the court, addresses of the
parties. It is a common practice to mention the address of the appellant first. The introductory
details of the appellant are inclusive of the particulars of the orders/decrees from which the
appeal arises.
It should be noted that while the valuation of the appeal is not required to be paid beforehand
according to the Criminal Code of Procedure but it should be mentioned in the memorandum
of appeal. The memorandum of appeal can be filed by any of the parties involved in the case.
There is no restriction as to who can file the memorandum of appeal.
The grounds for appeal should be written concisely and clearly and should not be
argumentative in tone. It is important to present all the grounds with great clarity and lucidity
and in an economical manner. It is preferable to write the grounds for appeal in pointers.
After having written the details such as the court name, name of the judges and the parties, a
general statement such as “May it Please Your Honour,
For the following among other grounds, the appellant herein begs to prefer this appeal against
the judgment dated……of the Judicial Magistrate ……………………………convicting the
appellant under Section 411, I.P.C. and sen-tencing him to undergo 6 months’ R.I. and to pay
a fine of Rs. ____” can begin the memorandum of appeal.
57
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL NO. 310 OF 2020
In the matter of:-
Mr. Uttam Singh, S/o Utsav Singh, aged about 22 years, Pandharpur, Sandes, Arrah
…………………….APPELLANT
VERSUS
State of Bihar
Appeal against the conviction and sentences under section 411 of Indian Penal Code, 1860
in Case no. 4220 of 2018 by the learned Magistrate First Class, Arrah.
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 04:39 PM on 30.05.2018 at VKU University Gate,
Gorakhpur.
2. That the prosecution case in brief was that on 30.05.2018 at about 04:39 PM the
police acting on FIR lodged on 03.03.2018 came across the appellant having bicycle
and hence caught the appellant on suspicion.
3. That the learned Judge after receiving the evidence did not accept the innocence plea
of the accused and has convicted and sentenced the appellant to undergo 9 months
rigorous imprisonment and to pay a fine of ₹10,000. A certificate copy of the said
judgment and order is annexed here to and marked as Annexure "A-1".
4. That that being aggrieved by the said order and judgment 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.
58
b) That the learned magistrate should have disbelieved the evidence of prosecution
witness because the Bicycle was an ordinary and common article and it was a
stupendous task to take identify the same in absence of any special mark on it.
c) That the leaned magistrate should have believed the defence witness who disposed
having seen articles sold to the appellant some five months prior to this incident.
d) That the fine imposed by the learned magistrate is very severe and should be
removed/removed as according to the circumstances of the case.
e) That the judgement of learned magistrate is against the weight of evidence and
probabilities and is based on inferences which are not sustainable in this Hon'ble
Court.
f) That in any event the sentence is extremely severe and therefore the same should
be reduced.
g) 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
Arrah.
PRAYER
That in the view of aforesaid circumstances the appellant prays that your honour may be
pleased to admit the appeal, call for the record, release the appellant pending disposal of the
appeal on bail and offer hearing of the case and set aside the order of conviction and sentence
or pass such other order as the ends of justice may call for.
DATE: 15.04.2022
PLACE: PATNA
Signature
APPELLANT
Signature
ADVOCATE OF APPELLANT
VERIFICATION
I, Uttam Kumar, S/o Mr. Utsav Kumar, aged about 22 years, Pandharpur, Sandesh, 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: 15.04.2022 Signature
PLACE: Patna APPELLANT
59
60
6. MEMORANDUM OF REVISION
Before beginning with the format of the memorandum of revision, it is important to understand
that in a memorandum of revision, one calls for examination of correctness and legality of the
order or judgment passed. Again, the Criminal Code of Procedure has not defined the term
‘revision’.The Supreme Court in Amit Kapoor vs Ramesh Chander & Anr observed “the
revisional jurisdiction can be invoked where the decisions under challenge are grossly
erroneous, there is no compliance with the provisions of law, the finding recorded is based on
no evidence, material evidence is ignored or judicial discretion is exercised arbitrarily.
Section 397: This section empowers the High Courts to call for records of the case from any
inferior court or session court to examine the proceedings of the case for entertaining a petition
of review. It also empowers the High court to suspend any order passed by the inferior court
and for the accused if in confinement to be released. Sub-section 2 also states that “The powers
of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory
order passed in any appeal, inquiry, trial or other proceedings”perversely.”
Section 399: This section enumerates the revision power of a judge. It states that a session
judge may exercise all or any powers under section 400(1) which are exercised by the High
Court in relation to the call for any records of the case or proceedings. It also states that the
call for revision by the person when entertained by the session judge and then subsequently
an order is passed in this regard, then such an order is final and the person will not be allowed
to file a petition of revision in High Court or any other court.
Section 401: This section is divided into five sub-parts and lists the powers of the High Court
in relation to a petition of revision. It states that no order should be made to the prejudice of
the accused or until the accused has been given adequate opportunity to be heard. It is also
stated that nothing in this section empowers the High Court to convert a verdict of acquittal
into one of conviction. “In the case of any proceeding the record of which has been called for
by itself or Which otherwise comes to its knowledge, the High Court may, in its discretion,
exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391
or on a Court of Session by section 307 and, when the Judges composing the Court of
61
revision are equally divided in opinion, the case shall be disposed of in the manner provided
by section 392.”
IN THE HIGH COURT OF JUDICATURE AT RANCHI
CRIMINAL REVISIONAL JURISDICTION
Cr. Revision No ………………… OF 2021
In the matter of:-
62
Shri. Suresh Singh, s/o Shri. munna Singh, aged 45 years, r/o B-639, Ganesh Dham Colony,
Varanasi- 492001 ……. Petitioner
Vs.
State of U.P. …….. Respondent
The Revision petition against the order dated 29th of March of 2019 passed by the Court
of Additional Sessions Judge at Varanasi in Criminal Case No. 154 of 2019 titled as
State of U.P. v. Vishal Singh
REVISION PETITION UNDER SECTION 397 Cr.P.C. AGAINST THE ORDER OF

FRAMING CHARGE BY THE COURT OF SHRI ____, ADDITIONAL SESSIONS
JUDGE
To,
His lordship the Chief Justice and his/her Companion Judges of the said Honorable Court.
Sir/Madam,
It is most respectfully submitted as under:
1. That the Court of Shri _______ has framed charges against the petitioner under
section 304 (B) of I.P.C. and as the orders are against law and facts, the same are
being assailed by way of the instant revision petition.
Brief facts:
1. That the marriage of the petitioner was solemnized as per Hindu rites and ceremony
with SMTP _____ and on the unfortunate night of 21.03.2015 when the petitioner
while driving car along with his wife met with an accident which occurred with the
truck wherein wife of the petitioner died due to the said accident.
2. That it was an accident and was not a dowry death. However, the police have
implicated the petitioner in an offence under section 304 (B) of I.P.C. on the false
complaint of the father of the wife of the petitioner.
63
3. That the Court of Shri ________, Additional Sessions Judge has erroneously framed
the charge against the petitioner which is liable to be set aside.
The petitioner above named most respectfully submits this revision petition against
the impugned order abovementioned on the following amongst other grounds of
revision.
Grounds of Revision:
1. That the order of the lower court is against law.

2. That the death of the wife of the petitioner was natural in view of the fact that it was
due to an accident because of the negligence of driver of the truck who hit the car of
the petitioner.
3. That there was no dowry demand of any kind whatsoever from the side of the
petitioner or his parents. Hence, question of dowry death was not there.
4. That the father of the wife of the petitioner has in fact filed a false complaint of dowry
death when immediately after the accident, he visited the site of accident and had seen
that it was death due to accident in which the petitioner had also sustained injuries.
5. That police have not acted with due diligence and have wrongly filed Challan under
section 304 (B) of I.P.C. when the original FIR was under Section 279, 338 I.P.C.
6. That as the Court of Shri _____, Additional Session Judge has wrongly framed charge
under section 304 (B) of IPC against the petitioner, the same is liable to be set aside.
PRAYER
It is, therefore, prayed that this Hon’ble Court may call for the records of the case arising out
of FIR No. ____ to satisfy about the correctness of the orders passed by the Court of Shri
_____, Additional Session Judge framing charge against the petitioner under section 304 (B)
IPC and further to set aside the same in the interest of justice.
Place: Varanasi
Date: 16.04.2021 APPLICANT
64
6. APPLICATION FOR GRANT OF BAIL UNDER S.437 CRPC
S.437.When bail may be taken in case of non- bailable offence.
(1) When any person accused of, or suspected of, the commission of any non- bailable offence
is arrested or detained without warrant by an officer in charge of a police station or appears
or is brought before a Court other than the High Court or Court of Session, he may be released
on bail, but-
(i) such person shall not be so released if there appear reasonable grounds for believing
that he has been guilty of an offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a cognizable offence and he had
been previously convicted of an offence punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been previously convicted on two or
more occasions of a non- bailable and cognizable offence: Provided that the Court may
direct that a person referred to in clause (i) or clause (ii) be released on bail it such person
is under the age of sixteen years or is a woman or is sick or infirm: Provided further that
the Court may also direct that a person referred to in clause (ii) be released on bail if it is
satisfied that It is just and proper so to do for any other special reason: Provided also that
the mere fact that an accused person may be required for being identified by witnesses
during investigation shall not be sufficient ground for refusing to grant bail if he is
otherwise entitled to be released on bail and gives an undertaking that he shall comply
with such directions as may be given by the Court.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as
the case may be, that there are not reasonable grounds for believing that the accused has
committed a non- bailable offence, but that there are sufficient grounds for further inquiry
into his 1 guilt the accused shall, subject to the provisions of section 446A and pending such
inquiry, be released on bail] or at the discretion of such officer or Court, on the execution by
him of a bond without sureties for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable with
imprisonment which may extend to seven years or more or of an offence under Chapter VI,
65
Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or
attempt to commit, any such offence, is released on bail under sub- section (1), the Court may
impose any condition which the Court considers necessary-
(a) in order to ensure that such person shall attend in accordance with the conditions of
the bond executed under this Chapter, or
(b) in order to ensure that such person shall not commit an offence similar to the offence
of which he is accused or of the commission of which he is suspected, or
(c) otherwise in the interests of justice.
(4) An officer or a Court releasing any person on bail under sub- section (1) or sub- section
(2), shall record in writing his or its 1 reasons or special seasons] for so doing.
1. Subs. by Act 63 of 1980, s. 5 (w. e. f. 23. 9. 1980 ).
(5) Any Court which has released a person on bail under sub- section (1) or sub- section (2),
may, if it considers it necessary so to do, direct that such person be arrested and commit him
to custody.
(6) If, in any case triable by a Magistrate, the trial of a person accused of any non- bailable
offence is not concluded within a period of sixty days from the first date fixed for taking
evidence in the case, such person shall, if he is in custody during the whole of the said period,
be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in
writing, the Magistrate otherwise directs.
(7) If, at any time after the conclusion of the trial of a person accused of a non- bailable
offence and before judgment is delivered, the Court is of opinion that there are reasonable
grounds for believing that the accused is not guilty of any such offence, it shall release the
accused, if he is in custody, on the execution by him of a bond without sureties for his
appearance to hear judgment delivered.
66
IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS
AT VARANASI
Cr. M. A. No …………………OF 2021
In the matter of:-
State of U.P.
Vs. …….Respondent
Shri. Kunal Pandey, s/o Shri. Mahadev Pandey, aged 35 years, r/o B-135, Ganesh Dham
Colony, Varanasi- 492001 ……. Applicant
FIR No.: ____
Dated: 25.12.2020 Under Section: 420 Of Indian Penal Code, 1860
Police Station: Lanka
Application under section: 437 of Cr.P.C., 1973
APPLICATION UNDER SECTION 437 OF CR.P.C. FOR GRANT OF BAIL
Respected Sir/ Madam,
The applicant most respectfully submits as under:
1. That the applicant has been taken into custody by the officials of Lanka police station
in the aforesaid matter on 26.12.2020.
2. That the applicant has been falsely implicated in the matter although the applicant has
not committed any offence and there is no cogent evidence against the applicant
which may prima facie make out any offence against the applicant.
67
3. That the entire complaint of the complainant is based on falsehoods and concoction
and even if taken at face value, the alleged offence is not made out against the
applicant.
4. That by filing the complaint, the complainant is taking the benefit of his own wrong
and the complaint has been filed by the complainant to pressurize the applicant to
accept his illegal demands.
5. That as the applicant has not committed any offence and no offence has been made
out even if the complaint is taken at face value, it is in the interest of justice that the
applicant is admitted to bail.
6. That the applicant is prepared to join investigation and thus the Court may impose any
condition on the applicant for admitting him to bail.
PRAYER
It is, therefore, most respectfully prayed that the Court may be pleased to release the
applicant on bail pending the disposal of the case in the interest of justice.
Place: Varanasi ADVOCATE FOR APPLICANT
Date: 29.12.2021
68
IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS AT VARANASI
Cr. M. A. No …………………OF 2021
In the matter of:-
State of U.P.
Vs. …….Respondent
Shri. Mahesh Pandey, s/o Shri. Mahadev Pandey, aged 35 years, r/o B-135, Ganesh Dham
Colony, Varanasi- 492001 ……. Applicant
AFFIDAVIT
I, Shri. mahesh Pandey, s/o Shri. Mahadev Pandey, aged 35 years, r/o B-135, Ganesh Dham
Colony, Varanasi- 492001, do hereby solemnly declare and affirm on oath as under:
1. I am the applicant in the present matter and am well conversant with the facts and
circumstances of the present case, I am authorized and competent to swear the depose
this affidavit.
2. That the contents of the paras 1 to 6 of the bail application filed u/s 437 of CrPC are
correct and true to my knowledge.
3. That the contents of the accompanying bail application are part and parcel of my present
affidavit as the same are not reproduced herein for the sake of brevity.
DATE: 29.12.2021
PLACE: Varanasi DEPONENT
VERIFICATION
I, Shri Mahesh Pandey, do hereby verify that the contents of para 1 to 3 are correct to the best
of my knowledge and belief. Nothing has been concealed therefrom.
69
DATE: 29.12.2021 Pleader
PLACE : Varanasi DEPONENT
7. ANTICIPATORY BAIL APPLICATION
Anticipatory bail, as the name suggests, is bail granted to a person in anticipation and
apprehending arrest. It is a preventive relief which was not originally included in The Code of
Criminal Procedure, 1973 (‘CrPC’). The necessity for granting anticipatory bail arises mainly
because sometimes influential persons try to implicate their rivals in false cases for the purpose
of disgracing them or for other purposes by getting them detained in jail for some days. Apart
from false cases, where there are reasonable grounds for holding that a person accused of an
offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no
justification to require him first to submit to custody, remain in prison for some days and then
apply for bail. The very purpose for the provisions relating to anticipatory bail is to ensure that
no person is confined in any way until and unless held guilty.
When a person has reason to believe that he may be arrested on the accusation of committing
a non-bailable offence then he can move to High Court or the Court of Session u/s 438 of
CrPC for anticipatory bail. There are certain factors which are considered while granting
anticipatory bail such as:
a. Nature and gravity of accusation,
b. The antecedents of the applicant including the fact as to whether he has previously
undergone imprisonment on conviction by a court in respect of any cognizable offence,
c. The possibility of the applicant to flee from justice,
d. Where the accusation has been made with the object of injuring or humiliating the
applicant by having him so arrested, either reject the application forthwith or issue an
interim order for the grant of anticipatory bail.
70
When the court grants anticipatory bail, what it does is to make an order that in the event of
arrest, a person shall be released on bail. Manifestly there is no question of release on bail
unless a person is arrested, and therefore, it is only on arrest that the order granting
anticipatory bail becomes operative1 . Issuance of a summon for appearance also entitles an
accused to apply for anticipatory bail2 . It has also been held that anticipatory bail cannot be
granted to a person to do something which is likely to be interpreted as commission of a
crime even if the offender intended it as something in exercise of his rights3 . The distinction
between an ordinary bail and an order of anticipatory bail is that whereas the former is
granted after arrest and, therefore, means release from the custody of the police, the latter is
granted in anticipation of arrest and is there effective at the very moment of arrest4 .
Conditions for Anticipatory Bail
The High Court or the Court of Sessions, while granting anticipatory bail may impose
conditions as mentioned u/s 438(2). The conditions mentioned in that sub-section are only
illustrative and the court may impose other conditions, it thinks fit, with a view to strike a
balance between the individuals rights to personal freedom and the investigational rights of
the police. The conditions imposed while granting such bail are –
a. The applicant has to make himself available for interrogation by a police officer as
directed by the court or as required by the police officer.
b. The applicant should not leave the country without the previous permissions of the
court.
c. The applicant should submit local residential address, native address and contact
number to the concerned police station.
d. The applicant should not make any inducement, threat, promise etc. to any person
acquainted with the facts of the case.
The court granting anticipatory bail cannot impose the condition that the direction to be
released on bail will be applicable for a specified number of days after arrest because the
effect of such order would be to disable the applicant from applying for regular bail u/s 437
of CrPC immediately after arrest, before the period mentioned in the order is over. Section
438 does not entitle the court to override the provisions of Section 437 and to stay for a
certain period of time the right of the applicant to apply and to obtain his release on bail5 .
71
A direction issued u/s 438 of CrPC to the effect that the applicant shall be released on bail
‘whenever arrested for whichever offence whatsoever’, would amount to a ‘blanket order’.
Such a blanket order is not provided for u/s 438 of CrPC. The Hon’ble Supreme Court of
India in Gurbaksh Singh Sibbia v. State of Punjab6 held that a ‘blanket order’ should not be
passed and the court passing order of anticipatory bail should take care to specify the offence
or offences in respect of which the order will be effective.
IN THE HIGH COURT OF JUDICATURE AT DELHI

(CRIMINAL ORIGINAL JURISDICTION)
CRIMINAL ORIGINAL PETITION NO. 555 OF 2020
In the matter of:-
Mr. Vakeel singh, S/o Mr. Sanu singh, aged about 39 years, Occupation- Business, R/o House
no. 12, Lane 2, Baily road, Delhi
…………………….ACCUSED/PETITIONER
VERSUS
State of Delhi
72
Reported by Inspector of Police,
P.S.- Baily Road, Delhi
…………………….RESPONDENT/COMPLAINANT
FIR No. 54545
DATE: 06.06.2020
Police Station: Baily Road Delhi
Application u/s 438 of CrpC for Anticipatory Bail
PETITION FOR ANTICIPATORY BAIL FILED UNDER SECTION 438 CrPC
MOST RESPECTFULLY SHEWETH:

The petitioner above named humly states as follows:
1. That the persent FIR has been registered on false facts. The facts stated in the FIR are
fabricated, molder and altered without any basis.
2. That the police has falsely implicated the applicant in the present case, the applicant is
a respected citizen and is not involved in any criminal case.
3. That the facts stated by 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 a reputed family of
the town and has no pending criminal cases upon him.
6. That the applicant is a permanent resident and there are no chances of his absconding
from the court of justice.
7. That the applicant undertakes to present himself before the police/court as and when
directed.
8. That the applicant undertakes that he will not, directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any Police Officer.
9. That the applicant further undertakes not to temper with the evidence or the witnesses
in any matter.
10. That the applicant shall not leave the city without the previous permission of the Court.
73
11. That the applicant is ready and willing to accept any other conditions as may be imposed
by the Court or the police in connection with the case.
PRAYER
It is therefore, prayed that the court may direct the release of the applicant on bail in the event
of his arrest by the police. Any other order which the court may deem fit and proper in the facts
and circumstances of the case may be also passed in the favour of the ends of Justice.
DATE:07.06.2021 (Signature) PLACE:

Delhi COUNSEL FOR APPLICANT
VERIFICATION
I, do hereby declare that the facts stated above are true and correct to the best of my knowledge
and belief.
DATE:07.06.2021 (Signature)
PLACE: Delhi ACCUSED
74
AFFIDAVIT
IN THE HIGH COURT OF JUDICATURE AT DELHI

(CRIMINAL ORIGINAL JURISDICTION)
CRIMINAL ORIGINAL PETITION NO. 555 OF 2021
In the matter of:-
Mr. Vakeel Singh, S/o Mr. Sanu Singh, aged about 39 years, Occupation- Business, R/o House
no. 12, Lane 2, Baily road, Delhi
…………………….ACCUSED/PETITIONER
VERSUS
State of Delhi
Reported by Inspector of Police,
P.S.- Baily Road, Delhi
……………………. RESPONDENT/COMPLAINANT
AFFIDAVIT
I, Mr. Vakeel Singh, S/o Mr. Sanu Singh, aged about 39 years, Occupation- Business, R/o
House no. 12, Lane 2, Baily road, Delhi, do hereby solemnly declare and affirm on oath as
under:
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: 07.06.2021
PLACE: Delhi DEPONENT
75
IDENTIFIED BY: Advocate for Applicant
76

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BANARAS HINDU UNIVERSITY

Drafting, Pleading and Conveyancing Assignment

B.A. LL.B. (Hons.), 6th Semester

S.NO TOPIC Page NO.

8. Writ of Habeas corpus 41

1. Complaint u/s 323 of 49

2. Complaint u/s 354 of 51

The name, place, and description of the plaintiff’s residence; [R.1(b)];

The name, place, and description of the defendant’s residence; [R.1(c)];

The relief claimed by the plaintiff, simply or on the alternative; [R.1(g)];

CIVIL SUIT NO. 523 OF 2022

In the matter of:-

SUIT FOR RECOVERY OF MONEY

The plaintiff above named most respectfully submits as under:

9. That defendant up to now is liable to pay the following amount:

Towards freight charges Rs. 50,000

Towards interest at 6% p.a. Rs. 1,250

From 18.05.2020 to 19.10.2020

TOTAL Rs. 51,250

(Fifty one thousand two hundred and fifty rupees)

The plaintiff prays for the following reliefs:

ii) That pendente lite and future interest may be awarded.

Place: Ranchi PLAINTIFF

Place: Ranchi PLAINTIFF

CIVIL SUIT NO. 321 OF 2022

In the matter of:-

CHARACTERISTICS OF WRITTEN STATEMENT

Civil Suit No. 165 OF 2022

In the matter of:-

The written submission on behalf of the defendant is as follows:

1. Para 1 of the plaint needs no reply.

Place: Ranchi DEFENDANT

Date: 12.03.2022 THROUGH ADVOCATE

Civil Suit No. 165 OF 2022

In the matter of:-

APPLICATION NO.1989 OF 2021

CIVIL SUIT NO.2768 OF 2019

In the matter of:-

The applicant most respectfully states as under:

Place: Varanasi PLAINTIFF

Date: 16.04.2019 THROUGH ADVOCATE

EXECUTION PETITION NO 4536 OF 2019

In the matter of:-

An application under Rule 11 of Order XXI of CPC

1. No. of Suit Civil suit No. 886 of 2018

2. Name of Parties Smt. Muskan Keshwani, w/o Shri

Shri. Kartik Sengupta, s/o Shri S.K.

3. Date of Decree/order of which execution is 21.06.2022

4. Whether an appeal was filed against the

decree / order under execution? No

5. Whether any payment has been received

towards satisfaction of decree/order No

6. Whether any application was made

previous to this and if so their dates and results No

decree or any other relief granted by the decree Rs. _______________

8. Amount of costs if allowed by Court Rs. _______________

9. Against whom execution is sought Shri. Surendra Mishra

Place: Ranchi APPLICANT

Date: 18.08.2019 Signature of Decree holder