Civil Pleading

In the Court of Civil Judge Junior Division, Varanasi

Suit No............. of 2018

Ram, S/o Shyam aged 38 years R/o 12/51, Vijaynagar, Varanasi

.......Plaintiff

Versus

Satish, S/o Ramesh aged 40 years R/o 35/517, Vijaynagar, Varanasi

.......Defendant

Suit for against agent for delivering of account

The plaintiff above named begs to submit as follows:

1. That under a registered general power of attorney executed in march 2-3-2016 Late Shyam
father of the plaintiff, appointed Satish, the defendant, as his authorised agent to collect
rents of his houses property situated in Dhanbad.
2. That the defendant started collection of rents from the month of April 2017 and has been
doing so till this date.
3. That the said A died in the month of May 2016 leaving behind only the Plaintiff, his only heir.
4. That the particulars and full details of the collection made by the defendant are not known
to the Plaintiff up to this time. The defendant has not rendered any account of money
received by him in behalf of father of the plaintiff.
5. That the plaintiff several times requested the defendant to deliver up to date the accounts
but he certainly failed to do so deliberately.
6. That the cause of action arose on June 15 2016 and further on June 23 2016 when the
plaintiff demanded up to date accounts from the defendant and defendant refused to do so.
7. That the parties reside within the local jurisdiction of this court and the court is competent
to try the same.
8. That the value of the suit for the purposes of court fees and jurisdiction is Rs 4000 and
requisite court fee being paid of the same.

Prayer

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

XYZ (Ram)

Advocate For Plaintiff Plaintiff

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 Verification

I, X declare that the contents of paras 1 to 8 of this plaint are true to my personal knowledge. The
Plaint and the verification has been verified by me on 20 January 2012 within the compound of civil
court, Dhanbad

2|Page
 (WRITTEN STATEMENT)

In the Court of Civil Judge Junior Division, Varanasi

Suit No........ Of 2018

Ram, S/o Shyam aged 38 years R/o 12/517, Viajynagar, Varanasi

.......Plaintiff

Versus

Satish, S/o Ramesh aged 40 years R/o 35/517, Vijaynagar, Varanasi

.......Defendant

Written statement on behalf of Satish, Defendant above named, is as follows

1. That the contents of Para 1 of the plaint are denied.

2. That the contents of Para 2 and Para 3 of the plaint are not admitted.
3. That the contents of Para 4 of the plaint are not admitted.
4. That the contents of Para 5 of the plaint are denied.
5. That the contents of Para 6 and Para 8 of the plaint need no reply.
6. That the money and as when received by the defendant was delivered to the plaintiff.
7. That the defendant used to give details of accounts every month to the plaintiff and the
plaintiff used to sign on the account book.
8. That the claim of the plaintiff is false and fabricated and no amount is due on the defendant.
9. That the suit of the plaintiff may be dismissed with special cost to the defendant.

(Satish)
Defendant

Verification
That the contents of Para 1 to 9 of this written statement are true of my personal
knowledge. This has been verified on this 30th January of 2017 within the court compound
of Dhanbad.

(Satish)
Defendant

3|Page
 (Interlocutory application for attachment of property before judgement)
(Order 38 Rule 5 of CPC)

In the court of Civil Judge, Senior Judge, at Kanpur

Application No 708/2012
In
Suit No 336/2009

X, S/o A,
R/o 2/15, Kidvainagar, Kanpur .....Petitioner(Plaintiff)
Versus
Y, S/o B
R/o 5/15, Kidvainagar, Kanpur .....Respondent(Defendant)

Application for attachment of property before judgement.

(Order 38, Rule 5 of CPC)
Sir,
The applicant respectfully states as under:
1. That the plaintiff suit is pending in the hon'ble court for suit for recovery of Rs 10
lacs against the defendant. The defendant has received summons.
2. That the defendant has given the advertisement in the newspaper for sale of her
agricultural land.
3. That the defendant has no other property therefore suit of the plaintiff will fail.

Prayer.

It is therefore prayed to pass an order for conditional attachment of the defendant property.
Details are given in Annexure 2.

Place- Kanpur X

Date-12/01/2013 Petitioner

XXXXXXXXXXXXXXX

Advocate

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

In the Family Court, Kanpur

Petition No.......2012

Mrs X, W/o Y aged 28

R/o Civil lines, Kanpur .....Petitioner

Versus

Y, S/o A aged about 37

R/o Civil Lines, Kanpur .....Respondent

The petitioner above named under section 10 of the Hindu Marriage Act 1955 states as
follows:

1. The petitioner submits that she is legally married wife of the respondent. This
marriage was celebrated in the year 2008 at Varanasi. At the time of marriage the
petitioner's parents gave 25 thulas of gold and Rs. 2,00,000/- in cash as dowry to the

respondent. The marriage was consummated immediately .

2. The petitioner submits that, she is the legally married wife of the respondent. She
submits that respondent has started his nursing home at Ambrosia colony and
gained good reputation and were happy for 2 years i.e., since 2011 his life started to
have ups and downs.
3. The petitioner submits that the respondent slowly cultivated the bad habits and
became share to alcohol and used to have ephedrine etc. So have slowly began to
lose his sexual potency and attach become a total impotent. When he has been
taken to Fortis Hospital, Delhi, the doctors have concluded that he lost his potency
because of excessive narcotic drugs and alcohol. The respondent became frustrated
in his life. He gave up his practice slowly the petitioner sold her jewels to maintain
the family. Her parents also helped to some extent.
4. The petitioner submits that because of inferiority complex the respondent started to
suspect the character of the petitioner. He used to abuse her with vulgar and filthy
words that, she had illegal connections with others. He used to abuse her even, if
beggar stands in front of the house, as the beggar is awaiting for her. She tolerate all
these mental torture added to this the respondent used to put cigarettes on her

5|Page
 breast thighs and other private parts and burn them. He enjoys her screaming.
Sometimes he gagged her mouth with cloth and subject her to physical cruelty.
5. The petitioner further submits that on 10.02.2011 he made her naked put the blade
on her left breast and applied chillies powder on the wound she cried loudly
apprehending danger and her neighbour and her mother-in-law came there and
saved her from the clutches of the respondent than on 11.02.2011 she came away
to her parents’ house. She apprehends danger to her parents’ house also. She
apprehends danger to her life in the hands of the respondent and it is impossible for
her to live with such sadistic husband. Hence the petition for judicial separation
filed.
6. The cause of action for this petition for Judicial Separation arose on 01.02.2008 the
date of marriage and also 10.02.2011 when she frightened of her life ran away to
her parents’ house continues de divindum with the jurisdiction of this honourable
court
7. The petitioner submits that no similar petitioner has been filled so far before any
court.

Prayer

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

Petitioner

Verification

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

Date-10/10/2012 X

Place-Varanasi Petitioner

XXXXXXXXXXXXXXX

Advocate

6|Page
 (Affidavit in support of matrimonial petition)

In the Family Court, Kanpur

Notice of Motion No.......of 2012

In

Petition No.......2012

Mrs X, W/o Y aged 28

R/o BegumGanj, Kanpur .....Petitioner

Versus

Y, S/o A aged about 37

R/o PankiRoad, Kanpur .....Respondent

I, X above mentioned petitioner state as follows on solemn affirmation as under:

1. That I say that I was married to respondent on February 19 2008 at Kanpur

according to traditional Hindu rites 2011. I had cohabited with the respondent at
Kanpur but had no issue.
2. That I say that after February 2011 that the respondent started abusing and had
inflicted cruelty towards me.
3. That I say that I have therefore prayed for a judicial separation of said marriage in
said petition.
4. That i therefore submit that this notice of motion made absolute with costs.

Solemnly affirmed at X

Kanpur on 2 May 2011 Petitioner

Before me
XXXXXXXX Registrar/ Superintendent

Advocates for the petitioner Civil Court, Kanpur.

7|Page
 (Execution Petition)

In the Court of Civil Judge, Junior Division, Kanpur

Execution Application No........2012

In the matter of Suit No.......2011

X, son of A aged about 49

R/o 1017, Civil Lines, Kanpur .......Plaintiff

Versus

Y, son of B aged about 45

R/o 8/230, Dabauli, Kanpur .....Defendant

An application under Rule 11 of Order XXI of CPC

The plaintiff decree holder named above most respectfully submits that he was plaintiff in
Suit No....2011 precise description of which as follows:

1. That the defendant was a tenant of B- 8/230 Dabauli of which plaintiff is the owner.
2. That on 13-07-2010 the plaintiff gave the notice of eviction to the respondent due to
urgent and bonafide need.
3. That the respondent did not take the notice in proper manner and refused to evict
the house, as well as refused to pay the monthly rent.
4. That the plaintiff had filed a suit for the eviction of the defendant and also from the
recovery of the arrears of rent on 15-04-2010.
5. That the matter has been finally decided plaintiff's favour and no appeal has been
preferred till date.
6. That it is therefore the decretal amount set forth in proforma attached herein paid
to the plaintiff.
Details of Decree
1. Number of Suit .......2011
2. Name Of Parties (a) X, S/o A aged about 49
R/0 Civil lines, Kanpur
(b) Y, S/o B aged about 45
R/o 8/230 Dabauli, Kanpur

3. Date of Decree 18/11/2010

4. Whether appeal preferred against No
5. Any part of decreetal amount or
adjustment set off None
6. Previous Application if any None
7. Amount with interest due upon (a)Possession of house B-
decree or other relief 8/230 Dabauli
(b) 17500

8|Page
8. Against whom to be executed against defendant
9. Mode in which the assistance of (a) by deliver of possession
the court is required of B-8/230 Dabauli, Kanpur

(b) By recovery of decreetal

retail amount by
attachment

Description of Property to be attached

Property Amount
1. Motorcycle Rs 30000
2. Refrigerator Rs 9000
3. Cooler Rs 3000
4. Furniture Rs 22000
5. Television Rs 13000
Rs 77000

9|Page
 Verification

I, X the above named plaintiff that what is stated and estimated in above table is true to best of my
knowledge belief and information.

Date- 13/3/2012 X

Place- Kanpur Plaintiff/ Decree Holder

XXXXXXXX

Advocate

10 | P a g e
 (Affidavit in Support of Execution Petition)

In the Court of Civil Judge, Junior Division, Kanpur

Execution Application No........2012

In the matter of Suit No.......2011

X, son of A aged about 49

R/o 1017, Civil Lines, Kanpur .......Plaintiff

Versus

Y, son of B aged about 45

R/o 8/230, Kidvainagar, Kanpur .....Defendant

The plaintiff decree holder do hereby affirms as follows:

1. That the plaintiff decree holder is the applicant in present execution application.
2. That the plaintiff is fully acquainted with the fact and circumstances of the case.
3. That the proforma attached with the application contains the true fact.
4. That the statement made above are true and nothing has been concealed.

Date- 13/32012 X

Place- Kanpur Plaintiff/ Decree Holder

XXXXXXXXXXX

Advocate

11 | P a g e
 (Memorandum of Appeal)

(Under Section 96, CPC)

In the High Court of Madhya Pradesh at Jabalpur

Civil Appellate Jurisdiction

Civil Appeal No. ... / 2009

A. B. s/o B. C.
123, A B Road, Indore, MP                            .........................................  Plaintiff/Appellant

Vs.

M. N. s/o O. P.
456, A B Road, Indore, MP                            .........................................  Defendant/Respondent

(Appeal against judgement and decree passed by District Judge , Indore on 10/10/2009 in Suit No
1234 of 2009)
To,

The Honourable Chief Justice

And the other Judges of the

Honourable Court.

The aformentioned plaintiff-appellant appeals against the judgement and decree of the Court of
District Judge, at Indore, passed in Original Suit No 1234 of 2009 between A. B s/o B. C vs M.N s/o O.
P., dated 10/10/2009, and sets forth the following grounds of objection to the decree appealed from
:-

    Value of the suit:

    Value of appeal:
    Court Fee Paid:

(1) That the orders passed by the Learned Lower Court are contrary to the provisions of law and the
principles of natural justice.

(2) That the findings arrived by the Learned Lower Court are not supported by the evidence on
record.

(3) That the Learned Lower Court committed an error in holding that the house premises are not
required by the plaintiff/appellant for his personal bonafide occupation.

(4) That the copy of the Judgment and the Decree against which this appeal has been preferred is
attached along with.

(5) That the Learned Lower Court has having answered the first issue in the negative decided the rest

12 | P a g e
of the issues against the appellant, which itself is improper and illegal.

(6) That the necessary court fee is paid herewith.

Prayer

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

Place: ………………….                                                                            (Signature of the Plaintiff-Appellant)
Date: …………………..                                                                            

                                                                                                                            Advocate for Plaintiff-Appellant

13 | P a g e
 Verification
 
 I, ______, do hereby verify that the contents from paras 1 to 5 are correct and true to the best of
my knowledge and personal belief and no part of it is false and nothing material has been concealed
therein. Affirmed at Indore this 4th Day of September 2009.

Date: 4-10-2009 (Signature)

Place: Indore Plaintiff-Appellant

14 | P a g e
 (Memorandum of Revision)

In The High Court Of Judicature At Allahabad

Civil Revision Application No.......2012

X, S/o A aged about 58 years

R/o Benajhabar, Kanpur ...........Applicant/Defendant
Versus
Y, S/o B aged about 50 years
R/o Benajhabar, Kanpur ...........Opponent/Plaintiff

Civil Revision u/s 115 of C.P.C

To,

The Honourable Chief Justice

And the other Judges of the

Honourable Court.

The applicant named above humbly submits:

1) That the opponent had instituted a suit bearing No 117of 2005 in the court of Civil judge, Senior
Division, Kanpur for recovery of Rs. 50000. On the ground of a promissory note said to be due on
the applicant after selling opponents shop at Benajhabar, Kanpur.
2) That the applicant submits that he had already paid Rs 750000 to the opponent as a cost of the
shop and no cost was due with regard to the said shop.
3) That the court decreed the said suit in the opponent on 28-04-2010 and ordered the applicant to
pay the amount of the decree to the opponent.
4) That the applicant being aggrieved by the said decree and judgement prefers this application on
the following ground:
a) That the decree and judgement passed by the learned judge is illegal and unjust.
b) That the judgement of the learned judge is erroneous in law that by passing the decree on a
promissory note which was not stamped.
c) That the learned judge erred in holding that the promissory note was executed by the
applicant.
d) That the handwriting expert was not called inspite of the repeated request for the applicant.
e) That the learned judge erred in not appreciating the evidence of the applicant and his
witnesses.
f) The in doing so, the learned judge in the exercise of the jurisdiction has acted with illegality
and a material irregularity.
g) That the said judgement is against justice, equity and good conscience and therefore not
substance in the court.
h) That in the aforesaid circumstances the applicant submits that the Hon'ble court be pleased
to call for the records of the trying court and revise its judgement and decree in the interest
of justice.

Date:.................. X
Place:................. Applicant

15 | P a g e
 (Writ of Habeas Corpus under Article 226)

In the High Court of Judicature At Allahabad

Writ Petition No........2012

In the Matter of X
R/o 2/17, Rawatpur Colony, Kanpur.
A detenue at present in Rawatpur Police Station.
And
In the Matter of Article 226 of the Indian Constitution and Article 22(2) of the Constitution
Y, S/o B aged about 38,
Occupation- Business
R/o B16/380; Kalayanpur, Kanpur .......Petitioner
Versus

a) State of U.P.
b) Deputy Superintendent Of Police, Kanpur.
c) Station House Officer, Rawatpur, Kanpur.
.........Respondent

To,

The Honourable Chief Justice

And the other Judges of the

Honourable Court.

The petitioner named above humbly submits:

1. That petitioner is the businessman carrying his business at Rawatpur and he is a cousin of
the above named detenue.
2. That the above named detenue on 03-03-2012 exchanged some hot words with his
neighbour Mr Z.
3. That on 4-03-2012 the police came and arrested the detenue at abount12:30 PM on the
assurance that after investigation the detenue would be released.
4. That on 05-03-2011 at about 7:00pm when the petitioner went to police for making inquiry
about his brother, the police arrested abused him and told to go back
5. That the detenue has neither been released nor produced before the magistrate within 24
hrs after making the arrest.
6. That the violation of the provision of Article 22(2) of the Constitution of India is made by
above named respondent.
7. That the arrest made by the police in collusion with the detenue neighbour Mr Z.
8. That the detenue is a loyal peaceful peace loving and law abiding citizen and not connected
in any way in criminal activity in his whole life.

16 | P a g e
 Prayer

In the light of aforesaid circumstances the petitioner humbly and respectfully prays that your
Lordships may graciously pleased:

1. That to order the detenue to be brought before the Hon'ble Court for being dealt with
according to law.
2. That to declare the detention illegal unjust, unfair, unconstitutional.
3. That to order the detenue be set at liberty.

Date: .............. Counsel for Petitioner.

Place:.............. XXXXX

17 | P a g e
 (WRIT OF MANDAMUS)

IN THE HON’BLE SUPREME COURT OF INDIA

(Original Civil Jurisdiction)

Writ Petition No.......2012

AA., son of BB, R/O, 33/234 Kalyanpur, Kanpur.

.............Petitioner

Versus

1. Collector, Kanpur.
2. State of U.P

..........Respondents.

Petition under Article 32 of the Constitution for the issue of a writ of mandamus.

To

The Hon’ble the Chief Justice and his companion Judges of the Hon’ble Supreme Court of India

The above named Petitioner begs to submit as under:

1. That the Petitioner is the owner of a plot of land numbered 22 in Cantonment at Kanpur detailed
in Annexure ‘‘A’’ to this petition.

2. That on 22/12/2011 a notification under Section 4 of the Land Acquisition Act, 1894, was
published that certain land including the Petitioner’s aforesaid plot was needed for a public purpose.

3. That the Petitioner filed objections to the proposed acquisition of his plot under Section 5-A of the
Act.

4. That the objections filed by the petitioner were heard by the Collector on 01/01/2012 and
thereafter he submitted his report with recommendations to the State Government.

5. That the State Government accepted the report and recommendations of the Collector and
rejected the objections filed by the petitioner.

6. That 13/01/2012 the State Government made the declaration under Section 6 of the Act.

18 | P a g e
7. That on 15/01/2012 the Petitioner received a notice under Section 9 of the Act, to state his claim
to compensation for his plot which was under acquisition.

8. That on 16/01/2012 the Petitioner filed his claim to compensation claiming Rs20 lacs as
compensation for the acquisition of his plot.

9. That on 21/01/2012 the Collector gave his award determining a sum of only Rs4 lacs as
compensation for the Petitioner’s plot.

10. That the award was filed in the Collector’s Office and notice of the same was given to the
Petitioner.

11. That the compensation awarded by the Collector for the Petitioner’s plot was grossly inadequate
and the Petitioner did not accept it. On 24/01/2012 the Petitioner made an application under
Section 18 of the Act to the Collector requesting that the matter be referred for determination to the
District Judge.

12. That though under Section 18 the Collector was bound to refer the matter of compensation to
the District Judge he has declined to do so.

Prayer

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

Date: .............. Counsel for Petitioner.

Place:.............. XXXXX

19 | P a g e
 Criminal Pleading
(Complaint)

IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, KANPUR

Criminal Case No 13 of 2012

X, S/o A aged 55 years, Occupation- Business, R/o B/252 Bithoor Road, Kanpur.

..........Complainant

Versus

Y,S/o B aged 60 years. Occupation- Business, R/o B 1/181 Bithoor road, Kanpur.

.............Accused

Offence under section u/s 454/323/504 of Indian Penal Code

May it please your honour, the complainant above named begs to state on solemn affirmation as
follows:

1. That the complainant is permanently residing in Bithoor Road, Kanpur and he is a peace
loving person.
2. That on date 12-12-2012 about 11 PM the accused person came to the house of the
complainant with lathi and danda and entered in the house of the complainant and began to
beat the complainant by lathi and Danda as such the complainant received the serious
injuries in his body.
3. That the information of the alleged occurrence was given to the concerned Police Station at
Bithoor but the police did not lodge the FIR against the accuse persons.
4. That the complainant went to the Ursala Hospital, Kanpur on 13-12-2012 at about 8:00 AM
and got examined by the doctor on the duty in emergency room who prepared the medical
report. The injury report is annexed herewith this complaint.
5. That after that the complainant sent an application to the SSP by the registered post
regarding the aforesaid occurrence, but still no step has been taken by the police concerned
against the accused person. The aforesaid application and receipt of the post office are
annexed herewith this complaint.
6. That the complainant is moving the aforesaid complaint before your honour's court.
7. That the place of occurrence is within your territorial jurisdiction for taking cognizance of the
aforesaid offence.
8. That in the interest of justice and humanity summon the accused person in your honour's
court and penalize him.

20 | P a g e
 Prayer

It is therefore, prayed that the hon'ble court may be kind enough to take the cognizance of alleged
occurrence and the accused persons be penalized accordingly and oblige.

Date-.................. X
Place-.................
Complainant
XXXXXXXXXXXXXXXXXXXXX
Complainants Advocate

21 | P a g e
 (Criminal Miscellaneous Petition)

In The Court of Second Addl. Judicial Magistrate

Tirupati

Criminal Misc. Petition No........2012

X, S/o A aged 30 years, Occupation- Business, R/o Lanka, Tirupati.

.........Petitioner

Versus

Y, S/o B ages 35 years, Occupation- Business, R/o Seergate, Tirupati.

............Respondent

Petition filed on behalf of the Petitioner U/Sec 128 Cr. P.C

(1) The petitioner submits that he filed the above M.C. for grant of separate maintenance on
31.12.2011 against the respondent seeking a sum of Rs. 500 per month to be awarded.

(2) The Honourable Court, after due contest, by order dated 06.01.2012 granted maintenance to
the petitioner directing the respondent to pay a sum of Rs. 400 per month to the petitioner
from 01.01.2012 and keep praying in future.

(3) The petitioner submits that, the respondent has not paid any maintenance so far, and these
disobeyed the order of this honourable court.

(4) The petitioner further submits that the arrears of maintenance from 01.01.2011 to 31.03.2012
to Rs. 6000/-

(5) It is therefore prayed that the honourable court may be pleased to commit the respondent to
prison for such kind has the law required or till he paid the arrears of maintenance.

22 | P a g e
 Prayer
It is therefore must humbly prayed that in the light of aforesaid circumstances the hon'ble court may
be pleased to adjudge hold and declare
(1) That the petition is maintainable u/s128 of crpc.
(2) That to pass the order to pay the maintenance with arrears.
(3) That to pass any other order which the hon'ble court may think fit for the end of
justice.

Date:............... X

Place:............. Petitioner

XXXXXXXXXXXXXXXXXXXX

Advocate for Petitioner.

VERIFICATON

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

Date: xxxxxx

Petitioner

23 | P a g e
 (Bail Application)

In The Court of Judicial Magistrate, Ist Class, Kanpur

Misc Application No......2012

In

Crime No.....of 2012 of Police Station, Rawatpur.

Crime Case No......of 2012

State of U.P

...........Complainant

Versus

X, S/o A aged about 55 years, R/o B-30/441 Rawatpur Gaon, Kanpur.

..........Accused

Application for Bail Under Section 437 (1) of CrPc

May it please your honour the accused above named humbly submits as follows:

1. That the accused is facing trial before this Hon'ble Court in case titled as State of U.P vs X for
the offence under Sections 323 and 325 of IPC.
2. That this Hon'ble court was pleased to issue a Warrant and the Police has accordingly
arrested the accused/applicant.
3. That the accused was not at all involved in the crime alleged in the said case.
4. That the accused is a permanent resident of Kanpur and earning livelihood by working as a
fruit vendor in trains. 
5. The accused has his old parents dependent upon him and the accused is the only bread
earner for the family.
6. That by getting the accused/applicant arrested the accused has been deprived of his
valuable fundamental right of liberty by abuse of powers and process of law by the
complainant. 
7. That the accused is willing to furnish surety and bail bonds to the satisfaction of this learned
court in case he is ordered to be released on bail. 
8. That the accused will abide by all the conditions as imposed by this Honourable Court.

24 | P a g e
 Prayer

It is, therefore, most respectfully prayed that this application for bail may kindly be allowed in
the interest of justice and the accused be released on bail upon such conditions a this Honorable
Court may deem fit.  

Date............... X
Place............. Accused

XXXXXXXXXXXXXXXXXXXXX

Advocate for Applicant

25 | P a g e
 (Anticipatroy Bail Application)
IN THE HIGH COURT OF JUDICATURE OF UTTAR PRADESH
(Criminal Original Jurisdiction)

Crl.O.P.No..... of 2012
In
Crime.No. Not known of 2012
(On the file of the Inspector of Police. Police Station, Rawatpur, Kanpur,)

X, S/o A aged about 45 years, Occupation- Business, R/o 30/21, Rawatpur colony, Kanpur
.......Petitioner/Accused

Versus
State of Uttar Pradesh,
Rep. by its Inspector of Police,
Police Station,
Rawatpur, Kanpur,
....Respondent/Complainant

PETITION FOR ANTICIPATORY BAIL FILED UNDER SECTION 438 OF Cr.P.C

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are
fabricated, concocted and without any basis.

2. That the police has falsely implicated the applicant in the present case, the applicant is a
respectable citizen of the society and is not involved any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and does not
constitute any criminal offence at all.

4. That the applicant is not required in any kind of investigation nor any kind of custodial
interrogation is required.

5. That the applicant is having very good antecedents, he belongs to good family and there is no
criminal case pending against them.

6. That the applicant is a permanent resident and there are no chances of his absconding from the
course of justice.

7. That the applicant undertakes to present himself before the police/court as and when directed.

8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the Court or to any police officer.

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9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any
manner.

10. That the applicant shall not leave India without the previous permission of the Court.

11. That the applicant is ready and willing to accept any other conditions as may be imposed by the
Court or the police in connection with the case.

PRAYER

It is therefore prayed that the court may direct the release the applicant on bail in the event of his
arrest by the police. Any other order which the court may deem fit and proper in the facts and
circumstances of the case may be also passed in favour of the applicant.

Date............ XXXXXXXXXXXXXXX
Place........... Counsel for Applicant

Affidavit

I X, S/o A aged about 45 years, Occupation- Business, R/o Rawatpur Colony, Kanpur, U.P. solemnly
affirm and state as follows:

1.That I am the petitioner in the above noted case.

2.That the facts stated above are true to the best of my knowledge and belief.

Identified by:

DEPONENT

ADVOCATE

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 (Memorandum Of Revision)

IN THE TAMIL NADU HIGH COURT

Criminal Revisional Jurisdiction

Criminal Application No.........of 2012......

In the matter of the order of the Session Judge, Coimbatore sentencing the opponent to 6 month's
rigorous imprisonment, and a fine of Rs. 200 in case No. ........ of 2012

State of Tamil Nadu at the instance

of the District Superintendent of Police, Coimbatore.

........Petitioner

versus

X,S/o A, aged 28 years, R/o Coimbatore

......Opponent

The humble petition of Your Lordship's petitioner above-named most respectfully sheweth:

1. The above-named opponent was arrested in Coimbatore on a charge under sections 307 and 326,
I.P.C. for an attempt to murder and causing grievous hurt by dangerous weapon. He was prosecuted
and tried in the Court of the Session in case No. ....... of 200 of that Court and the learned Sessions
Judge was pleased to convict the accused and sentence him to 6 month's rigorous imprisonment and
to pay a fine of Rs.200

2. While passing the final order of sentence after convicting the opponent, the learned Judge
remarked that he was pleased to take a lenient view of the offence taking into consideration the
youth of the opponent.

3. The learned Judge therefore passed a lenient sentence of 6 month's R.I. and a fine of Rs. 200 on
the opponent though the maximum sentence under Sections 307 and 326,1.P.C. is imprisonment for
life, or for 10 years. Though the prosecution prayed for deterrent punishment on the ground that
the injuries caused were of a very serious nature and that the injuries were caused by a dangerous
weapon during a communal riot. The learned Judge turned down the prayer of the prosecution for a
deterrent punishment and showed leniency to the opponent by passing the order of sentence as
stated above. Hereto annexed and marked annexure ‘A' is the copy of the said order and judgment.

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4. Being aggrieved by the said order, the petitioner prefers this application for enhancement of
sentence passed on the opponent by the learned Judge on the following amongst other grounds:

(a) That the injuries caused by the opponent (accused) were several and of a very serious nature;

(b) That the injuries were caused by a dangerous weapon, i.e., a dagger which was possessed and
carried by the accused when the possession and carrying of weapons was banned by the order of
the District Magistrate, Coimbatore

(c) That the opponent (accused) is a member of a gang of rioters habitually engaged in communal
orgy and riots and has made an attempt to murder by causing grievous hurt to the complainant
intentionally in the furtherance and prosecution of the common object of a riotous mob.

(d) That the punishment for the offences is life or ten year's imprisonment and fine.

Prayer

In these circumstances Your Lordships' humble petitioner prays that Your Lordships may graciously
be pleased:

(1) to enhance the sentence passed on the opponent by the learned sessions Judge in case No. .........
of 2012 of his Court; and

(2) to pass such other and further orders as Your Lordships may deem just, fit and proper in the
circumstances of the case.

And for this act of kindness Your Lordships' Petitioner shall, as in duty bound, ever pray.

Date............. Sd/-
Place............ Dy. Superintendent of Police , Coimbatore

Affidavit

I, (full name) Deputy Superintendent of Police, Coimbatore, do hereby solemnly declare that what is
stated above is true to the best of my knowledge, belief and information.

Sd/-

Dy. Superintendent of Police , Coimbatore

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 (APPLICATION FOR REVISION)

IN THE COURT OF THE SESSIONS JUDGE AT COIMBATORE

Revision Appn. No......of 2012

A, R/o Coimbatore , at present in Jail custody at Coimbatore

...........Petitioner (Accused)

versus

State of Tamil Nadu

...................Respondent

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

Most respectfully May it Please Your Honour.

The humble petition of the above-named petitioner Most respectfully Sheweth:

1. That the learned Judicial Magistrate in case No.... of 2012 convicted the applicant and one B
under the above section and sentenced them for a period of four months rigorous and to
pay a fine of Rs. 100 in default to undergo further rigorous for 15 days.
2. Being aggrieved by the aforesaid order the petitioner begs to move the Hon'ble Court in its
Revisional Jurisdiction of the following among other grounds:

(a) That the order of the lower Court is against law.

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

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

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

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

Prayer

The petitioner prays that Your Honour may be graciously pleased to call for the record of the case
and issue a rule upon the said Magistrate, and upon the opposite party to show cause why the
aforesaid order complained against should not be vacated, and to release the petitioner on bail
pending the disposal of this revision application.

And for this act of kindness your petitioner, as in duty bound, shall ever pray.

Dated Plaintiff / Defendant

Through, Advocate

Verification:

I, A do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my
knowledge and personal belief and no part of it is false and nothing material has been concealed
therein.

Date............... Plaintiff / Defendant

Place..............
Through, Advocate

31 | P a g e
 (Memorandum Of Appeal)

In the High Court of Judicature at Allahabad

Criminal Appeal No.......2012

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

...........Appellant
Versus
State Of U.P.
............Respondent

Appeal against the conviction and sentences under section 411 of IPC in Case No..........of 2010 by
the learned Magistrate First Class, Varanasi

The appellant above named most respectfully begs to state as follows:

1. That the appellant was charged under section 411 of IPC for dishonestly receiving stolen
property at about 2:30 pm on 6-5-2011 at Saket Nagar, Varanasi.
2. That the prosecution case in brief was that on 06-05-2011 at about 2:30pm the police acting
on FIR lodged on 11-04-2011 came across the appellant having bicycle and hence caught the
appellant on suspicion.
3. That the learned Judge after receiving the evidence did not accept the innocence plea of the
accused and has convicted and sentenced the appellant to undergo 6 months rigorous
imprisonment and to pay a fine of Rs 350. A certificate copy of the said judgement and order
is annexed here to and marked as Annexure "A".
4. That that being aggrieved by the said order and judgement of the learned magistrate the
appellant here in begs to prefer this appeal on the following grounds:
a) That the conviction is bad in eye of law because the learned magistrate erred in not taking
into account the basic principle of presumption of innocence in a criminal case.
b) That the learned magistrate should have disbelieved the evidence of prosecution witness
because the bicycle was an ordinary and common article and it was a stupendous task to
take identify the same in absence of any special mark on it.
c) That the leaned magistrate should have believed the defence witness who disposed having
seen articles sold to the appellant some five months prior to this incident.
d) That the judgement of learned magistrate is against the weight of evidence and probabilities
and is based on inference which are not sustainable in this Hon'ble Court.
e) That in any event the sentence is extremely severe and therefore the same should be
reduced.
f) That the appellant submits that he has not filed any appeal in the Hon'ble Court prior to this.
5. That the appellant has been undergoing sentence and is at present in District prison
Varanasi.

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 Prayer

That in view of aforesaid circumstances the appellant prays that your honour may be pleased to
admit the appeal, call for the record, release the appellant pending disposal of the appeal on bail
and offer 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.

Sd/-
Appellant

Verification
I, X, S/o A aged about 45 years, the above named appellant do hereby solemnly declare and
state that what is mentioned above is true to the best of my knowledge and belief.

Date............. Sd/-
Place............ Appellant

XXXXXXXXXXXXXXXXXX
Advocate of Appellant

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