IN THE COURT OF ______ JUDICIAL

MAGISTRATE/ADDITIONAL SESSION
JUDGE/HIGH COURT CITY
CR. CASE NO. ______/2019
________ & others………………………………………………………………….Accused
VERSUS
The State……………………………………………………….Application/Complainant

APPLICATION U/S 540 CRIMINAL PROCEDURE CODE

It is submitted and prayed on behalf of the
applicant/complainant that evidence of the following witness
may be recorded, and summons may be issued for the
purpose. On consideration of grounds mentioned below:
List of Witness:
Witness Evidence relates with:
Name of witness 1 Facts that justify relevancy
of evidence that may be
provided by witness: such
as: In a case of fraud “The
witness is the Candidate
who was promised job – for
which money was
transferred to accused. He is
a victim of the fraud.”
Name of witness 2 As above.
Name of witness 3 Name of witness 2
Name of witness 4 Example 2: “He deposited
the money and the Bank
slips showing transaction of
money transferred from him
to accused also state his
name, which will be
verified.”
Name of witness 5 e.g. The officer investigated at
former investigation officer DIGP and knows the facts of
case, as he was the first to
investigate the matter upon
the application of accused
himself. His investigation
should be taken into
account.

Grounds:
“State the reasons you believe that makes the evidence of
witnesses relevant.”
1. That the witness are material witnesses of the case. Their
examination in the case is precursor for any just and rightful
conclusion of the facts in the case.
2. That the evidence of the witness is essential for the just
decision of the case, they are the candidates who were
promised and with whom fraud was committed.
3. That, among the witnesses, the evidence also relates to the
transfer of money/transaction that was made to Accused.
Hence essential evidence.
4. That the evidence will help to elucidate the truth for reaching
at just and fair conclusion of the case.
5. That the court has powers enough to examine every person
whose evidence is material.
“State the reasons why was the evidence not already produced
before the police or in the court”
6. That the evidence/names of the witnesses was/were
produced/disclosed before the investigation officer,
however, he refused to take it into account.
Or
The production of witnesses and their evidence was not
possible earlier as witness was out of country (or any other
reason that one has in his case).
 “Always leave room for improvement by stating the
following.”
7. That other grounds will be stated with the permission of the
court at the time of arguments.
“while arguing the application, remember that under CRPC
application under section 540 can be made at any time.
Moreover, section is divided into two parts one is discretionary
power of court, where judge may decide whether to call
evidence, if the evidence seems relevant. The other part is
mandatory, where judge has to call the witness, even without
application, if it is shown that evidence of witness is essential
to the just disposal of case.”

City Advocate for the Applicant

Dated:

ADPP