MODULE_3-_Drafting

MODULE 3
CRIMINAL PLEADINGS

3.1. CRIMINAL MISCELLANEOUS PETITION

In order to seek a specific relief in a criminal case, an application, known as the
criminal miscellaneous petition, is required to be submitted before the district court.
When the petition is presented before the court, it is the duty of judges to look for
possible reliefs.

IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE OF XYZ

CR.L.M.P.NO. OF 2008 M.C.No. 45 OF 2010

PETITIONER

Vs.

DEFENDANT

Petition filed on behalf of the Petitioner u/s 128 Cr. P.C

(1) The petitioner submits that he filed the above petition for granting of separate

maintenance against the respondent seeking a sum of Rs. 500 per month to be

awarded.

(2) The Honourable Court, after due contest, by order dated 06.01.2010 granted

maintenance to the petitioner directing the respondent to pay a sum of Rs. 400 per

month to the petitioner from 10.01.2010.

(3) The petitioner submits that the respondent has not paid any maintenance so far,

and thus disobeyed the order of this Honourable Court.

(4) The petitioner further submits that the arrears of maintenance from 01.08.2009 to

1.03.2010 is Rs. 8000/-

(5) It is therefore prayed that the Honourable Court may be pleased to commit the

respondent to prison for such kind as the law requires or till he pays the arrears of

maintenance.

Xxxx xxxx

Advocate for the Petitioner Petitioner

VERIFICATION
I, the petitioner, do hereby declare that the facts stated above are true and correct to
the best of my knowledge, information and belief.
Date:
Petitioner

3.2. BAIL APPLICATION

BEFORE THE COURT OF JUDICIAL MAGISTRATE, AT (give the name of the
police station or the area Magistrate where the bail application is being filed)
IN THE MATTER OF
STATE
VS
(Mention the name of the applicant)
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)

Accused under custody since: (Give the date on which accused has been arrested)

APPLICATION UNDER SECTION 437 CRPC FOR GRANT OF BAIL ON
BEHALF OF THE ACCUSED (name of the applicant of the bail along with his

father’s name, address and other details)

MOST RESPECTFULLY SUBMITTED AS UNDER:

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

2. That the police has falsely caught up the applicant and arrested him in the present
case. The applicant is a respectable citizen of the society and is not involved in any
criminal case.

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

4. That the applicant is not required in any kind of investigation nor any kind of
custodial interrogation is required, nor any recovery is to be made at the instance of
the applicant.
5. That the applicant is having very good antecedents, he belongs to a 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.
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 order for the release of the applicant on bail
in the interest of justice.
Any other order which the Court may deem fit and proper in the facts and
circumstances of the case may be also passed in favor of the applicant.

APPLICANT

THROUGH

COUNSEL

3.2.1. Important Tips for Filing of Bail Format under Section 437 of the Code Of
Criminal Procedure

▪ Bail under section 437 of the Code of Criminal Procedure is filed before the court
of the concerned Magistrate first who is also called the Ilaka Magistrate.

▪ The bail under section 437 is filed after the arrest of the accused by the police.
▪ The bail under section 437 can be filed by any close relative or Parokar on behalf

of the accused if the bail application is being moved when the accused is not
before the Court.
▪ The bail is also to be signed by the Counsel who is filing the bail either through
his memo of appearance or power of attorney.
▪ No court fee is to be paid on the bail when the accused is in custody.
▪ The details of the FIR, name of the accused, father's name of the accused should
be properly mentioned in the bail application so that the jail authorities are able to
identify him properly after the release order from the Court.

3.3. ANTICIPATORY BAIL FORMAT
Anticipatory bail is a direction by the court to release a person on bail, which is issued
even before the arrest has taken place i.e. the person can request bail in anticipation of
an arrest in future. In India, an application for anticipatory bail is to be filed under
section 438 of Code of Criminal Procedure first before the Sessions Court and if the
application for anticipatory bail is dismissed by the Sessions Court, then in the High
Court.

BEFORE THE HIGH COURT AT

IN THE MATTER OF
State
V/S

(Mention the name of the accused)

FIR Number: (Mention the FIR number)

Under Section: (Mention the sections under which the FIR has been filed)

Police Station: (Mention the name of the Police Station)

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON
BEHALF OF THE ACCUSED (name of the applicant of the bail)

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 have falsely implicated the applicant in the present case, the
applicant is a respectable citizen of the society and is not involved in any criminal
case.
3. That the facts stated in the complainant against the applicant are civil disputes and
do not constitute any criminal offense 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 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 him
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.

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.

12. That the Court below has failed to consider all the facts and circumstances of the
case and has wrongly dismissed the anticipatory bail application.

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 favor of the applicant.

APPLICANT

THROUGH

COUNSEL

3.3.1. Important Tips for Filing of Bail Format under Section 438 of the Code Of
Criminal Procedure

▪ The bail under Section 438 of the Code of Criminal Procedure is to be signed by
the accused or the applicant of the bail.

▪ An affidavit in support of the bail is also to be filed along with the main
application.

▪ A readable copy of the FIR is also to be filed along with the anticipatory bail
application.

▪ All relevant documents are also to be filed by which the applicant is seeking bail
from the court.

▪ The application is also to be signed by the Counsel who is filing the application
either through his memo of appearance or power of attorney.

▪ The details of the FIR, name of the accused, father’s name of the accused should
be properly mentioned in the bail application so that the said contents are properly
mentioned in the judicial records.

▪ A certified or true copy of the order passed by the Sessions Court is also to be
filed.

3.4. MAINTENANCE PETITION

IN THE HONOURABLE COURT OF JUDICIAL MAGISTRATE

Case No. /2008

UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE, 1973

BETWEEN:-

ABCD…… Petitioner

Vs.

XYZ…… Defendant

I. The Petitioner is: ………….[The address of the Petitioner for the purpose of service
of court summons and notices is as stated above]

II. The Respondent is: ………… [The address of the Respondent for the purpose of
service of court summons and notices is as stated above]

III. That the petitioner seeks maintenance under section 125 of CrPC and thus
respectfully showeth:

(a) The Petitioner submits that her marriage with the Respondent was solemnized
on XX-XX-XXXX at Petitioner’s mother place as per Hindu caste, customs
and religious rites. The Petitioner submits that at the time of marriage, as per
the demand of the Respondent and his family members, the Petitioner’s
mother gave a sum of Rs. XXXXX/- in cash towards dowry, customary gift

articles worth Rs. XXXXXXX/- , a gold chain and one gold ring. The
Petitioner submits that although the Respondent is her near relative, the
Respondent and his parents demanded for dowry and other laanchanams and
having no other option, the mother of the petitioner paid the amounts as stated
above.
(b) The Petitioner submits that her parents performed the marriage with all pomp
and gaiety and bore all the marriage expenses. The Petitioner submits that the
Respondent and his parents did not even spend a rupee towards marriage
expenditure but they made rude comments about the function on the face of
Petitioner and her mother. The Petitioner submits that her family members
bore all the insults without demur with a fond hope that in due course they will
be forgotten.
(c) The Petitioner submits that the Respondent from the first day of the marriage
used to harass her physically as well as psychologically for each and every
silly reason. The Petitioner submits that the Respondent is addicted to bad
vices like drinking and gambling and used to ignore the Petitioner completely.
(d) The Petitioner submits that many a time, she tried to explain about the
disorder of the Respondent to her mother as well to her brothers, but they used
to tell her to remain calm, as the same will adversely dent the family prestige.
The Petitioner submits that her brothers used to console her and convince her
to remain with the Respondent.
(e) The Petitioner submits that she suffered all the insults and harassment by the
hands of the Respondent with an intention to safeguard the family esteem and
not to remain as a burden on her brothers silently.
(f) The Petitioner submits that the harassment of the Respondent reached its
zenith and he used to beat her indiscriminately without any cause. The
Petitioner submits that when she questioned about his highhanded acts, the
Respondent grew wild and threw the Petitioner out of the house. The
Petitioner submits that having no other option, she came to her mother’s
house. The Petitioner submits that when the matter was placed before the
elders, the Respondent admitted his guilt and took her back with him after
promising all the elders that he will look after the Petitioner well. The
Petitioner submits that the Respondent failed to keep up his promise and
started harassing the Petitioner.

(g) The Petitioner submits that it became a ritual for the Respondent to beat her
black and blue and throw her out of the house and bring her back after the
elders called for mediation by making false promises. The Petitioner submits
that she was vexed and exasperated by the attitude of the Respondent and
when she questioned the high-handed acts of the Respondent, the Respondent
once again threw her out of the house by beating her black and blue.

(h) The Petitioner submits that after the death of her mother, she is living at the
mercy of her brothers. The Petitioner submits that the Respondent is having
more than 5 acres of wetland and he is also doing dairy business. The
Petitioner submits that the Respondent is earning a sum of Rs. 1,00,000/- per
annum through leasing out some extent of the land as well as cultivating the
remaining extent. The Petitioner submits that the Respondent is earning a sum
of Rs. 6,000/- on the dairy business. The Petitioner submits that the
Respondent is having his own house in XXXXXX village. The Petitioner
submits that apart from all these, the Respondent is doing daily finance
business in and around XXXXXX village and earning substantial amounts.
The Petitioner submits that the Respondent is not taking care of her and is
spending all his amounts on his vices like gambling and drinking. The
Petitioner submits that as she is his legally wedded wife, it is the bound duty
of the Respondent to take proper care of her and provide for her living and
welfare.

(i) The Petitioner submits that it is the Respondent who had thrown her out of the
house and is refusing to allow her into his home. Moreover, the Respondent is
not looking after the welfare of the Petitioner and not providing anything for
her living. As such the Petitioner is entitled to receive maintenance from the
Respondent and the Respondent is liable to pay the same.

(j) The Petitioner submits that she is illiterate and she has no source of income for
her livelihood. At present, the Petitioner is living with her sister’s family and
is totally dependent on them for her livelihood. The Petitioner submits that her
sister and her family are financially unstable and are struggling a lot for their
livelihood. Their income is very meager and their income is hardly sufficient
for their basic needs. The Petitioner submits that she does not want to depend
on her sister and brothers and she needs to maintain herself.

(k) The Petitioner further submits that she has no independent source of income to
maintain herself and does not want to be a burden to her sister.

The Petitioner hence prays that this Hon’ble Court may be pleased to issue notice on
the opponent party and after leading evidence of both sides be pleased to order the
opponent party for paying the Petitioner maintenance at the rate of Rs. _____
monthly. And the Petitioner, as in duty bound, shall ever pray.
Petitioner
VERIFICATION
I, the above named Petitioner, do hereby verify and declare that the facts stated above
are true and correct to the best of my knowledge, belief and information.
PETITIONER
Date, Place