B.A.LL.B.

(HONS) /
B.A.LL.B. (HONS) / LL.B / BBA

Name of the Student Harshdeep grover

Semester X _ Enroll No. DL1500994 _

University Exam Roll No._ _16022 _
Status : Regular/ATKT: Regular
Assignment Subject :
Pleading & Drafting
Assignment Topic: Grand Viva

Submitted to : Submitted by:

Asst. Prof. Priti Dayal Harshdeep grover
Date 5/9/2020 _ Semester X _
Marks Obtained
 ACKNOWLEDGEMENT

I have put in efforts in this assignment. However, it would not

have been possible without the kind support and help of many
individuals and organizations. I would like extent my sincere
thanks to all of them.

I thank my God for providing me with everything that I required

in completing this assignment.

I am highly indebted to the Teacher in Charge

Asst. Prof. Priti Dayal for guidance and constant supervision as
well as for providing necessary information regarding the
assignment and also for her support in completing the
assignment.

I would like to express my gratitude towards my parents for

their kind co-operation and encouragement which helped me in
the completion of this assignment.

My hearty thanks and appreciations go to my classmates in

developing the assignment and to the people who have willingly
helped me out with their abilities.

Student Name:…Harshdeep grover…………………………..

 CERTIFICATE OF AUTHENTICITY

This is to certify that Harshdeep grover student of

…B.B.A.LL.B.(HONS.)…………………… has successfully
completed the below mentioned assignment under the
guidance of Asst. Prof. Priti Dayal during the year 2020-2021.

Student Name- Harshdeep grover

 DECLARATION

I hereby declare that this project report entitled “DRAFTING

& PLEADING” Is written by me and my own effort and no part
has been plagiarized without citation.

Signature of the Student:

Place: Indore

Date : 5/9/2020
 INDEX

SR.NO. CONTENTS PAGE NO.

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DRAFTING
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Continue on page 2

MEANING OF DRAFTING

Drafting may be defined as the synthesis of law and fact in a language form. The process
of drafting operates in two planes: the conceptual and the verbal. Besides seeking the
right words, the draftsman seeks the right concepts. Drafting, therefore, is first thinking
and second composing. Drafting is the preliminary stage of a written work in which the
author begins to develop a more cohesive product. A draft document is the product the
writer creates in the initial stages of the writing process. Drafting, in legal sense, means
an act of preparing the legal documents like agreements, contracts, deeds etc.

A proper understanding of drafting cannot be realized unless the nexus between the law,
the facts, and the language is fully understood and accepted. Drafting of legal documents
requires, as a pre-requisite, the skills of a draftsman, the knowledge of facts and law so as
to put facts in a systematized sequence to give a correct presentation of legal status,
privileges, rights and duties of the parties, and obligations arising out of mutual
understanding or prevalent customs or usages or social norms or business conventions, as
the case may be, terms and conditions, breaches and remedies etc. in a self-contained and
self-explanatory form without any patent or latent ambiguity or doubtful connotation.

During drafting, the writer puts his ideas into complete thoughts, such as sentences
and paragraphs. The writer organizes his ideas in a way that allows the reader to
understand his message. He does this by focusing on which ideas or topics to include
in the piece of writing. During drafting, the writer will compose an introduction to the
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piece and develop a conclusion for the material. At the end of this step of the writing
process, the author will have completed a “rough draft.”

RULES OF DRAFTING

Following rules should also be followed while drafting the documents:

(i) Fowlers’ five rules of drafting

According to Fowler, “anyone who wishes to become a good writer should endeavor,
before he allows himself to be tempted by more showy qualities, to be direct, simple,
brief, vigorous and lucid.”

The principle referred to above may be translated into general in the domain of
vocabulary as follows:

(a) Prefer the familiar word to the far-fetched (familiar words are readily
understood).

(b) Prefer the concrete word to the abstract (concrete words make meaning more
clear and precise).

(c) Prefer the single word to the circumlocution (single word gives direct meaning
avoiding adverb and adjective).

(d) Prefer the short word to the long (short word is easily grasped).

(e) Prefer the Saxon word to the Roman (use of Roman words may create
complications to convey proper sense to an ordinary person to understand).

(ii) Sketch or scheme of the draft document

It is always advisable to sketch or outline the contents of a document before taking up

its drafting. This rule is suggested by Mr. Davidson, a celebrated authority on
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conveyancing in his book on Conveyancing, 4th Ed., Vol. I, p. 20, where the learned
author says as follows:

“The first rule on which a draftsman must act is this-that before his draft is
commenced, the whole design of it should be conceived, for if he proceeds without
any settled design, his draft will be confused and incoherent, many things will be
done which ought to be done and many left undone which ought to be done. He will
be puzzled at every step of his progress in determining what ought to be inserted and
what is to guide him in his decision because he does not know what his own object
is.”

The importance of the above rule cannot be overemphasized and it should be observed
by every draftsman.

(iii) Skelton draft and its self-appraisal

After the general scheme of the draft has been conceived, the draftsman should note
down briefly the matters or points which he intends to incorporate in his intended
draft. In other words, he should frame what is called a “skeleton draft” which should
be filled in or elaborated as he proceeds with his work. Once the draft of the
document is ready, the draftsman should appraise it with reference to the available
facts, the law applicable in the case, logical presentation of the facts, use of simple
language intelligible to layman, avoidance of repetition and conceivable mis-
interpretation, elimination of ambiguity of facts, and adherence to the use of Fowlers’
Rules of drafting so as to satisfy himself about its contents.

(iv) Special attention to be given to certain documents

Certain documents require extra care before taking up the drafting. For example, it must
 Page |5

be ensured that contractual obligations are not contrary to the law in the document,
where the facts so warrant to ensure. Further, in all the documents where transfer of
immovable property is involved through any of the prescribed legal modes, it is
necessary to ensure the perfect title of the transferor to such property proposed to be
transferred by causing investigation and searches in relation to such title done through
competent lawyers or solicitors in the concerned offices of Registrar of Assurance,
local authorities, Registrar of Companies (in the case of the vendor being a corporate
unit) etc. In addition, the requisite permissions required under different enactments
viz., Income-tax Act, Land Ceiling Laws, Companies Act, 2013, Lessor’s consent in the
case of leasehold land, or any compliance desired under other Central or State Laws or
personal laws etc. should be planned to be obtained in advance and recited in the
documents wherever thought necessary.

(v) Expert’s opinion

If the draft document has been prepared for the first time to be used again and again
with suitable modification depending upon the requirements of each case it should be
got vetted by the experts to ensure its suitability and legal fitness if the corporate
executive feels it so necessary.
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PRINCIPLES OF DRAFTING

The draftsman should bear in mind the following principles of drafting:

 As far as possible the documents should be self-explanatory.

 The draftsman should begin by satisfying himself that he appreciates what he

means to say in the document.

 The well drafted document should be clear to any person who has competent
knowledge of the subject matter.

 The draft must be readily intelligible to a layman.

 The document may not be perfect because it says too much or too little or is
ambiguous or contains one or more of the facts because it has to be applied in
circumstances which the draftsman never contemplated. This should be
avoided in the drafting of the documents.

 Nothing is to be omitted or admitted at random on the document that is to say

negative statements should generally be avoided.

 Use of juridical language should be made.

 The text of the documents should be divided into paragraphs containing the
relevant facts..

 Schedule should be provided in the documents. Schedule is a useful part of the

document and should contain the relevant information which forms part of the
document.

 The active voice is preferable to the passive voice, unless the passive voice in a
particular connection makes the meaning more clear.
 Page |7

Some Do’s
1. Reduce the group of words to single word;

2. Use simple verb for a group of words;

3. Avoid round-about construction;

4. Avoid unnecessary repetition;

5. Write shorter sentences;

6. Express the ideas in fewer words;

7. Prefer the active to the passive voice sentences;

8. Choose the right word;

9. Know exactly the meaning of the words and sentences you are writing; and

10. Put yourself in the place of reader, read the document and satisfy yourself about
the content, interpretation and the sense it carries.

Some Don’ts
The following things should be avoided while drafting the documents:

(a) Avoid the use of words of same sound. For example, the words “Employer” and
“Employee”;

(b) When the clause in the document is numbered it is convenient to refer to any one
clause by using single
number for it. For example, “in clause 2 above” and so on.

(c) Negative in successive phrases would be very carefully employed.

 Page |8

(d) Draftsman should avoid the use of words “less than” or “more than”, instead, he
must use “not exceeding”.
(e) If the draftsman has provided for each of the two positions to happen without
each other and also happen without, “either” will not be sufficient; he should
write “either or both” or express the meaning of the two in other clauses.

While writing and typing, the following mistakes generally occur which should be
avoided:

1. “And” and “or”;

2. “Any” and “my”;

3. “Know” and “now”;

4. “Appointed” and “Applied”;

5. “Present” and “Past” tense.

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PLEADINGS

AND

CONVEYANCE
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MEANING OF CONVEYANCE
Mitra’s legal and commercial dictionary defines “conveyance” as the action of
conveyancing, a means or way of conveyancing, an instrument by which title to
property is transferred, a means of transport, vehicle. In England, the word
“conveyance” has been defined differently in different statutes.

Section 205 of the Law of Property Act,1925 provides that the “conveyance includes
mortgage, charge, lease, assent, vesting declaration, vesting instrument, disclaimer,
release and every other assurance of property or of any interest therein by any
instrument except a will”. “Conveyance”, as defined in clause 10 of Section 2 of the
Indian Stamp Act, 1899, “includes a conveyance on sale and every instrument by
which property, whether movable or immovable, is transferred inter vivos and which
is not otherwise specifically provided by Schedule I” of the Act.” Section 5 of the
Transfer of Property Act, 1882 (Indian) makes use of the word “conveyance” in the
wider sense as referred to above.

Technically speaking, conveyancing is the art of drafting of deeds and documents

whereby land or interest in land i.e. immovable property, is transferred by one person
to another; but the drafting of commercial and other documents is also commonly
understood to be included in the expression.

Thus, conveyance is an act of conveyancing or transferring any property whether

movable or immovable from one person to another permitted by customs, conventions
and law within the legal structure of the country.
 P a g e | 11

MEANING OF PLEADINGS
Pleadings generally mean either a plaint or a Written statement. The main objective
behind formulating the rules of pleadings is to find out and narrow down the controversy
between the parties.

Order 6, Rule 1 of Civil Procedure Code (C.P.C.) defines ‘pleading’. It means either a
plaint or a written statement. The object of a pleading which aims at ascertaining
precisely the points for contention of the parties to a suit. The rules of pleading and
other ancillary rules contained in the Code of Civil Procedure have one main object in
view. It is to find out and narrow down the controversy between the parties. The
function of pleadings is to give fair notice of the case which has to be met so that the
opposing party may direct his evidence to the issue disclosed by them.

The four fundamental rules of pleadings are:

1) That a pleading shall contain, only a statement of facts, and not Law;

2) That a pleading shall contain all material facts and material facts only.

3) That a pleading shall state only the facts on which the party pleading relies and
not the evidence by which they are to be proved,

4) That a pleading shall state such material facts concisely, but with precision and
certainty.
 P a g e | 40

WRIT PETITION

UNDER ARTICLE 226

OF COI

IN THE HIGH COURT OF DELHI AT NEW DELHI

(WRIT JURISDICTION)

WRIT PETITION (CIVIL) NO. ________OF2016

IN THE MATTER OF :

X _________ S/o _________R/o ___________ PETITIONER

VERSUS

Muncipal Corporation of Delhi,

Through Its Commissioner RESPONDENT

WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA FOR

ISSUANCE OF PREROGATIVE WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT

Respectfully showeth :

1. That the petitioner is a citizen of India residing at_______. The respondent is

Muncipal Corporation of Delhi having their office at Town Hall, Chandni Chowk,
Delhi.
 P a g e | 41

BRIEF FACTS :-

2. That the petitioner is aggrieved by the illegal appointments of daily wage

workers by the M.C.D. office in defiance of Notification No. MCD/LF/01-103
dated 1.2.2014 which requires the M.C.D. to appoint only those person as Daily
wage worker who are below the age of 30 years as an 01.10.2014. The said
Notification was issued after it was duly approved.

3. That the petitioner is of 27 yrs of age and was working as a daily wage worker,
when on 1.12.2014 his services were terminated without notice/prior intimation.
The Petitioner during his service worked to the satisfaction of his superiors. The
respondent has appointed Sh. Ompal, Sh. Ram and Smt Maya in defiance of the
said notification M.C.D./LF/01-/03 at 01.02.2014 as all the three person namely
Om Pal, Sh. Ram and Smt. Maya are more than 30 years of age as on 01.10.2014.
The about named persons were appointed in utter disregard of Notification. The
respondent,however, removed the petitioner from service although petitioner met
the requirements.. That the Petitioner made representation to the respondent vide
letter dated 1.12.2014, 2.1.2015 and also met the commissioner personally and
apprised them of his grievance, however nothing materialized .

4. That in spite of oral and written representations the respondent have not cared to act
and are maintaining stoic silence on the whole issue.

5. That the petitioner have thus approached the Hon‟ble court on amongst others the
following grounds
 P a g e | 42

GROUNDS:

(a) Because the action of the respondent is contrary to law and good conscience.

(b) Because the action of the respondent is arbitrary, unreasonable, irrational and
unconstitutional.

(c) Because respondent have no right to play with the career of the petitioner.

(d) Because the petitioner was removed from job inspite of the fact that he was below
age and fulfilled all requirements.

(e) Because respondent appointed. Sh. Ompal, Sh. Ram and Smt Maya despite their
being overage and not meeting requirements of Notification No. MCD/LF/01-103 dated
1.2.2014.

(f) Because the action of the respondent is bad in law

(g) That the Petitioner craves, leave of this Honorable Court to add, amend, alter the
grounds raised in this petition.

6. That the cause of action in present case arose on 1.2.2014 when the respondent
brought out the Notification No. MCD/LF/01-103 dated 1.2.2014., it further arise when
on 1.12.2014 the petitioner was removed from job inspite of the fact that he was below
age and fulfilled all requirements, it further arose when respondent appointed. Sh.
Ompal, Sh. Ram and Smt Maya despite their being overage and not meeting
requirements of Notification No. MCD/LF/01-103 dated 1.2.2014, it further arose when
representations were made to respondent orally and in writing on 1.12.2014, and
2.1.2015. The cause of action further arose when respondent did not act inspite of the
fact having brought to their notice. The cause of action is continuing one.

7. That the Petitioner has no other alternative efficacious remedy except to approach
this Hon‟ble Court by way of this writ petition
 P a g e | 43

8. That the petitioner has not filed any other similar writ petition either before this
Hon‟ble Court or before the Supreme Court of India.

9. That there has been no undue delay in filing of this petition.

10. That the honorable court has territorial jurisdiction to entertain the writ petition.

11. That the requisite court fee of Rs. 50/- has been affixed on this petition.

PRAYER :

The petitioner most humbly prays that this Hon‟ble Court may be pleased to :-

(a) issue appropriate writ in the nature of mandamus or any other appropriate writ
directing the Respondents to cancel the illegal appointment made in disregard of
Notification No. MCD/LF/01-103 dated 1.2.2003 : and

(b) issue necessary directions to appointment of petitioner and

(c) issue any other further order/orders or direction/directions as this Hon‟ble Court
may deem fit and appropriate no the facts and the circumstances of this case.

FOR THIS ACT OF KINDNESS THE PETITIONER ABOVENAMED SHALL EVER

PRAY.

Delhi
PETITIONER

Date_________ THROUGH ADVOCATE

[NOTE : The petition will be supported by an affidavit]

 P a g e | 44

WRIT PETITION UNDER ARTICLE 32 OF COI

IN THE SUPREME COURT OF INDIA

EXTRA ORDINARY ORIGINAL JURISDICTION

WRIT PETITION (C) NO. ________ OF 2018 (P.I.L)

PUBLIC INTEREST LITIGATION

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. XYZ Petitioner No. 1

2.

VERSUS

Union of India Respondent No. 1

To,

The Hon'ble Chief Justice of India

& His Companion Judges of this Hon'ble Court

Humble civil appeal on behalf of the Appellants above-named

 P a g e | 45

Most Respectfully Showeth:

1. That the Petitioner is filing the present Writ Petition in Public Interest under
Article 32 of the Constitution of India seeking mandamus to cancell / struck down
the contradictory amendments made by state governments to the State Acts and
Rules by destroying basic structure of the original Central Act, _______ through
ordinances under Article 254(2) of the constitution of India, whereby the basic
structure of the Original central Act and Rule has been changed to give exemption
to large categories of projects from consent provisions, Social Impact Assessment,
Objections by affected citizens and participation of local bodies etc, thereby
violated Fundamental right guaranteed to citizens of India under Article 14,
19(1)(g) and 21 of the Constitution.

2. (1)All Petitioners are Citizens of India. Petitioner No. 1 _________ is a renowned

social activist. He is residing at ________________. The average annual income
of the Petitioner for the last financial year (FY-20__-20__) is approximately Rs.
_____/- and PAN number is _____________. The Petitioner's National UID
number is ______.

3. The Case in Brief and facts constituting the cause of action

(1) That Indian Parliament had passed ______ Act, 20__ and the Ministry of Law
and Justice had published it through Gazette Notification on September __, __.
The draft Act, which replaced an earlier 18__ law, was debated over for almost
two years. People's movements and civil society organisations had analysed that
while the new law had several positive features like consent of landowners or food
Security related provisions, it had a few lacunae.
 P a g e | 46

4. Source of Information: The Petitioner relies on Acts, Amendment Act, Rules and
Amendment Rules passed by Parliament, published in Official Gazette through
ordinances by the Central Government, Acts, amendment Acts, Rules and
Amendment Rules passed by the state governments and published in official
gazette, observations of some Newspapers etc as well as personal knowledge and
experience related to Land acquisition Act.
5. Details of Remedies Exhausted: The Petitioners have not approached any court of
authority for remedy against the issues raised in this Petition. That the Petitioner
does not have any alternative equally efficacious remedy other than to approach this
Hon'ble Court than by way of filing this writ petition under Article 32 of the
Constitution of India.
6. That the present petition will be beneficial for land owners and farmers India is
India as the amendments in Central Act, Central Rules, State Acts and State Rules
are adversely affecting their fundamental rights.

7. Nature of Personal Interest, if any, of the Petitioner: The Petitioners have no

personal interest in this Petition and it is being filed in Public Interest.

8. That the Petitioners have not filed any other writ petition same or similar to the present
writ petition, neither in this Hon'ble Court nor in any other Court or forum across the
land.

9. The Petitioner declares that the issue raised was neither dealt with nor decided by a
Court of law at the instance of the petitioner or to the best of his knowledge, at the
instance of any other person.

10. The Petitioners have not approached any authority for relief for the subject matter of
this petition.
 P a g e | 47

11. That the Petitioner is filing the instant Writ Petition inter alia on the following
amongst other grounds:-

GROUNDS
A. Because central Act ______________ Act, 20___ and _________________ Rules,
20__ overrides all state Acts and rules. The amendment made by states in Land
Acquisition Act and Rules through ordinances under Article 254(2) of constitution
conflicting with Central Act and the amendments contradicting the central Act and State
Act are liable to deleted.

B. Because the states cannot use concurrent list used to modify the state Act, if the state
Act conflict with Central Act.

12. GROUNDS FOR INTERIM RELIEF

A. Because the amendments made in _______ Act and Rules by the State
Governments is adversely affecting the interest of the farmers of the country, their
fundamental rights are affected and the land is being acquired without their consent
by not providing rehabilitation to them, urgent intervention of this court is necessary.

B. As explained in the main grounds of the Petition, the farmers of the country
deserve to get immediate relief from this Hon'ble Court.

13. MAIN PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may
kindly be pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the
nature thereof, declaring that the _____________ Acts and Rules made by States by
amending the original central Act, _______________, 20____ passed by the
 P a g e | 48

Parliament, overrides the central act, are illegal and deserves to struck down;

b. Issue any other appropriate writ, order or direction as the nature and circumstances
of the present case may require;

14. INTERIM PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may
kindly be pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the
nature thereof, restoring the original central act _____ Act, 20___ and central rules
______ Rules, 20__ in all states which have amended the state / acts rules and should
be in force till the present Petition is finally adjudicated;

b. Issue any other appropriate writ, order or direction as the nature and circumstances
of the present case may require;

AND FOR THIS ACT OF KINDNESS THE APPELLANT AS DUTY BOUND

SHALL EVER PRAY

FILED BY:

Advocate for the petitioner

Drawn By:

Drawn on:

Filed on:

New Delhi
 P a g e | 49

CRIMINAL FORMATS
 P a g e | 50

COMPLAINT
Complaint under section 2(d) of the Criminal Procedure Code means any allegation
made orally or in writing to a Magistrate, with a view to his taking action under this
Code that some person, whether known or unknown, has committed an offence, but it
does not include a police report. The petition of complaint must be submitted to the
Magistrate. If it is submitted to some other official it is not a complaint. In order to be
a complaint the petition must make allegations about occurrence of some offence.

A complaint in a criminal case is what a plaint is in a civil case. The requisites of a

complaint are:

(i) an oral or a written allegation;

(ii) some person known or unknown has committed an offence;

(iii) it must be made to a magistrate; and

(iv) it must be made with the object that he should take action.
 P a g e | 51

FORMAT OF CRIMINAL COMPLAINT

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT _________

COMPLAINT CASE NO. __________ OF 20__

IN THE MATTER OF:

C___ COMPLAINANT

ADDRESS _________________

VS

A___ ACCUSED

ADDRESS _________________

Police Station _________

COMPLAINT UNDER SECTION 200 READ WITH SECTION 156(3) OF THE CODE
OF CRIMINAL PROCEDURE FOR REGISTRATION OF FIR UNDER SECTION 323
AND 506 OF INDIAN PENAL CODE

THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY SHOWETH:

1. That the complainant is a law abiding citizen of India. The Complainant is a resident of
Flat No____ in the ___________ area.
 P a g e | 52

2. The Accused named above is the neighbour of the Complainant. Both houses are
situated near to each other.

3. That the Complainant and Accused has separate parking spaces in front of their house.
But the accused most of the time park one of their vehicle in the Parking space of
Complainant and other Vehicle in his Parking Space.

4. That on _____ at about ____ 6.00 PM the Complainant reached home from his office
and found that the accused parked his car in front of the house of Complainant. The
Complainant went to the House of the accused to make him humble request to park his
car in some other place as regularly he is causing in convenience to the Complainant. The
Accused came out of his house with a stick and challenged the Complainant. The
Complainant tried to pacify him, but he abused the Complainant. The Complainant
objected to the abuses being burled by the accused. The accused then gave complaint 3
blows on complainant's leg by using the stick in his hand. As a result, the Complainant
received abrasions. The accused then criminally intimidated the Complainant with dire
consequences in case complainant ever again visited him with such complaint or reported
the matter to the Police.

5. That the occurrence was witnessed by Mr. _____________ and Mr. ____________,
neighbours in the locality.

6. That the Complainant went to the Police station at _______________ to report the
matter, but report was not registered. Complainant went to the Government hospital and
got dressed his injuries. Copy of Complaint given to the Police Station at _____ on _____
is attached herewith as Annexure A.

7. That the Complaint had Complaint to the Senior Superintendent of Police by sending
 P a g e | 53

his Complaint by Registered Post. Even then, no action has so far been taken against the
accused. Copy of Complaint sent to the Senior Superintendent of Police at ______ on
______ is attached herewith as Annexure B.

8. That the Accused has criminal record and he is of quarreling nature. FIR No_____
dated _________ and FIR No __________ dated has been filed by Mr. __________
another neighbor of the accused in earlier occasions. Copy of FIR No _________ and
FIR No______________ dated ________ filed by Mr. ___________ is attached herewith
as Annexure C.

9. Under this Circumstances, the Complainant Prays for legal action against the Accused.

PRAYER

In view of the aforesaid submission made here in and in the interest of the justice, it is
therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:

1) Register the present complaint.

2) Take cognizance of the offence, as the contents per-se amount to commission of

offences, as indicated above, without anything more.

3) Summon try and punish the accused person for committing the offences under section
323 and 506 of the IPC.

4) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case.
 P a g e | 54

AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY

BOUND, SHALL EVER PRAY.

COMPLAINANT

THROUGH

______ADVOCATE

Place :

Date :
 P a g e | 55

CRIMINAL MISCELLANEOUS PETITIONS

The one of the important tasks of the Judge in the Criminal Court. The filing of
Criminal Miscellaneous Petition will start even before registering the case by way of
anticipatory bail application. According to Oxford Dictionary meaning,
Miscellaneous means consisting of mixture of various things that are not usually
connected with each other. When a petition is filed seeking interim relief, it is
registered as miscellaneous petition. A Memo filed before the Court of Law need not
be treated as Petition. The main difference between Petition and Memo is that Memo is
nothing but bringing a fact to notice before a Court of Law and no relief can be sought
for in a Memo and notice to the opposite party is not required. However, where a
Petition is filed requiring some relief from the court, a notice to opposite party is
mandatory in most of the cases. No order be passed on Memo (Held in a decision held
in between Syed Yousuf Ali Vs. Mohd. Yousuf and Others reported in 2016 (3) ALD
235.

In nut-shell it can be called a Petition other than a main case. When a Miscellaneous
Petition is filed in Criminal cases, it is registered as Criminal Miscellaneous Petition. As
soon as a Petition is filed, primary duty of the Court is to see whether the relief sought
is provided under Criminal Procedure Code or not.
 P a g e | 56

FORMAT OF CRIMINAL MISCELLANEOUS PETITIONS

CRIMINAL MISC. MAIN PETITION FOR QUASHING OF FIR NO.____

Dated ________, U/S ________IPC, P.S. _______________, DELHI, U/S 482
CR.P.C.

It is most respectfully submitted as under:-

1. That the petitioner no 1 is a ___________ and petitioner no. 2 is working as a

Manager of the petitioner no. 1 concern.

2. That the respondent No. 2 is the of the deceased, Late

3. That the deceased was working as in the factory of petitioner no 1 and was
drawing a monthly salary of Rs. ______/- per month.

4. That on _______ the deceased unfortunately died in an accident while working

in the factory of the petitioner no. 1.

5. That an FIR No. _____ was registered at P.S. __________ on _____, U/ss
285/304-A IPC in connection with the death of the deceased ___________.
Copy of the said FIR is enclosed and marked as Annexure P-1.

6. That subsequently the parties executed a compromise deed dated __________,

wherein it has been mutually agreed and settled between the parties that neither
the petitioners nor any other person was responsible for the death of the
deceased, which took place by way of an accident under extremely unfortunate
circumstances. A copy of the Memorandum of Settlement is enclosed and
marked as Annexure P-2.
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7. That it has been settled between the parties in the aforesaid Compromise Deed
that the petitioner no. 1 has agreed to pay a sum of _______/- (Rupees
_________ only) by way of Pay Order dated Copy of the aforesaid pay order is
enclosed and marked as Annexure P-3(colly)

8. That as per the Memorandum of Settlement executed between the parties, there
is no claim or dispute whatsoever pending between the respondent as against the
petitioners. As per the settlement deed, the FIR No. _____ and the allegations
made by the respondent in the FIR stand withdrawn and the respondent shall
make a formal statement for quashing of the aforesaid FIR, before this Hon’ble
Court. A copy of the affidavit of respondent no. 2 is enclosed and marked as
Annexure P-4.

9. That in view of the amicable settlement between the parties, the present petition
is being filed for quashing of the aforesaid FIR.

10. That the present petition is being filed on inter-alia the following amongst other
grounds:-

1. For that the petitioners and respondent no. 2 have amicably settled the matter
vide Memorandum of Settlement dated __________, whereby the respondent
has agreed to the quashing of the aforesaid FIR No. ____.

2. For that no useful purpose would be served by continuing the prosecution

pursuant to the aforesaid FIR. It would be in the interests of justice that the said
FIR is quashed.

3. For that it has been settled between the parties that the death of was caused due
to an accident and that no one was responsible for the same.

4. For that in any event, on a reading of the FIR as it is, no offence whatsoever is
 P a g e | 58

made out against the petitioners including the offences U/S’s 287,336,304-A,
IPC.

5. That this Hon’ble Court has the jurisdiction to entertain and adjudicate the
instant petition.

6. That this petition is being filed within a reasonable time and there is no delay in
the same.

7. That no other petition for quashing of FIR, has been filed by the petitioners
before this Hon’ble Court or any other Court of law.

8. That the aforesaid facts and grounds constitute the cause of action for filing the
present petition.

PRAYER

In view of the aforesaid, it is most respectfully prayed that this Hon’ble Court may be
pleased to:-

a) Quash the FIR No. ____ U/s 287/ 336/304- A, Indian Penal Code, P.S.
________________;

b) Pass any other order as may be deem fit and proper in the facts and
circumstances of the case.

Petitioners

Through

Advocate
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BAIL APPLICATION

Bail means the release of the accused from the custody of the officers of law and
entrusting him to the private custody of persons who are sureties to produce the
accused to answer the charge at the stipulated time or date. Bail is liberty to the
accused to remain at large till the investigation, inquiry and trial is over.Section 436 of
the Code of Criminal Procedure relates to bail in bailable offence. Under this section
an accused in a bailable case can get bail as a matter of course. Section 437 of Cr.P.C.
deals with non-bailable cases. When any person accused of, or suspected of, the
commission of any non-bailable offence is arrested or detained without warrant or
appears or is brought before a Court such person may be released on bail by the
Court under section 437 Cr.P.C.

An “anticipatory bail” is granted by the High Court or a Court of Session, to a person

who apprehends arrest for having committed a non-bailable offence, but has not yet
been arrested (Section 438). An opportunity of hearing must be given to the opposite
party before granting anticipatory bail (State of Assam v. R.K. Krishna Kumar AIR
1998 SC 144).
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SPECIMEN BAIL APPLICATION UNDER SECTION 437, CR.P.C. 1973

In the Court of............... Magistrate ......

The State ...................

Versus

Accused AB son of TZ, Village: .............

Thana: .........

In the matter of petition for bail of accused AB, during police enquiry
The humble petition of AB the accused above-named

Most respectfully sheweth:

1. That your petitioner was arrested by the police on 5th March 2013 on mere
suspicion. That nearly a month has passed after the arrest but still the
Investigating Police Officer has not submitted a charge- sheet.

2. That your petitioner was not identified by any inmate of the house of CM where
the burglary is alleged
to have taken place, nor was any incriminating article found in his house.

3. That your petitioner has reason to believe that one GS with whom your
petitioner is on bad terms and who is looking after the case for complainant has
falsely implicated your petitioner in the case out of grudge.

4. That your petitioner shall fully co-operate with the police.

5. That your petitioner is not likely to abscond or leave the country.

 P a g e | 61

Your petitioner prays that your Honour may be pleased to call for police papers and
after perusing the same be pleased to direct the release of your petitioner on bail.

And your petitioner, as in duty bound, shall ever pray.

Advocate AB
Verification

I, AB, son of TZ, residing at. by occupation business, do hereby solemnly affirm and
say as follows:

1. I am the petitioner above-named. I know and I have made myself acquainted

with the facts and circumstances of the case and I am able to depose thereto.

2. The statements in paragraphs 1 to 5 of the foregoing petition are true and correct
to my knowledge and belief.

3. I sign this verification on the 6th day of May 2013. Solemnly affirmed by the
said AB on 6th May 2013 at the Court House.
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APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 438 CRPC

IN THE COURT OF SH.__________________

SESSIONS JUDGE, NEW DELHI

Criminal Misc. Case No. ...... of ......

In the matter of,

AB..................................Petitioner
versus
State ................................ Respondent

FIR NO. _____

UNDER SECTION _____________ IPC,

P.S.- ____________________.

Application for anticipatory bail under section 438 of the Code of Criminal
Procedure 1973

Respectfullyshoweth:-
1. That petitioner being a senior citizen is living a retired life.
 P a g e | 63

2. That even though applicant is not keen in selling his house, some local Property
dealers have conspired with some criminals/anti-socials to pressurise him for sale of his
house.
3. That some criminals of area, namely,...............conspired to malign/harass the petitioner
publicly by implicating him and lodging an FIR at the Police Station at..........
4. That petitioner being a senior citizent can not hide and if compulsory he shall co-
operate in police investigation. Anticipatory bail be granted to petitioner. :
5. That if anticipatory bail is not allowed petitioner suffer irreparable injury.
6. That petitioner undertakes to obey all terms/conditions on passing order of bail.
Hence prayed that Your Honour will be pleased to allow the petitioner anticipatory bail
and other order /orders as
Your Honour deem fit and proper.
And for this act of kindness your petitioner shall ever pray.

Petitoner/Accused

through

Advocate

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