DRAFT (FORMAT) FOR QUASHING PETITION U/S 482 CrPC
IN
THE HIGH COURT OF JUDICATURE AT MUMBAI
IN
THE CRIMINAL WRIT JURISDICTION
CRIMINAL
WRIT PETITION NO. 290 OF 2019
IN
C.C.
NO. 123 OF 2019
(In
XYZ Police Station C.R. No. 89 dates. 10th June 2019)
DIST.
Mumbai
ABC …Petitioner/Org. Accused No. 3
Versus
State of Maharashtra
(Through - XYZ Police
Station) …Respondent/ Org.
Complainant
INDEX
|
Sr. No. |
Particulars |
Page No. |
|
01. |
Memo of Appeal |
3-8 |
|
02. |
Annexure-A |
4 |
|
03. |
Annexure-B |
4 |
|
04. |
Annexure-C |
4 |
SYNOPSIS
|
DATE |
EVENTS |
|
10/06/2019 |
The Complainant registered
an F.I.R. No. 89 under section 324, 323, 506 r/w 34 of IPC at XYZ Police
Station against the petitioner and two other accused persons. |
|
10/06/2019 |
The Petitioner and
Co-accused named G. Chauhan and S. Gulati were arrested and remanded to
police and judicial custody from time to time. |
|
26/08/2019 |
The charges were framed
against the Accused including the Petitioner. |
|
14/03/2020 |
The Investigating Officer
made an application before the Hon’ble trial Court stating that the
Complainant is not traceable, as the Complainant has left his previous
address residence and to some unknown place |
|
16/03/2020 |
The next date of hearing has
been scheduled on 19th April 2020. |
IN
THE HIGH COURT OF JUDICATURE AT BOMBAY
IN
THE CRIMINAL WRIT JURISDICTION
CRIMINAL
WRIT PETITION No. 290 OF 2019
IN
C.C.
No. 123
(In
XYZ Police Station C.R. No. 89 dated 10th June 2019 )
DIST.
MUMBAI
In
the matter of Article 226 of the Constitution of India;
AND
In
the matter of invoking inherent jurisdiction of section 482 of the Criminal
Procedure Code;
AND
In
the matter of quashing the & setting aside of the impugned Criminal
proceeding, bearing CC No. 123 in XYZ Police Station C.R. No. 89 dated 10th
June 2019, on the sole ground that the prosecution has miserably failed and
neglected to trace the untraceable Complainant, since the past 10 months and
there is no possibility of commencement of the Criminal Trial;
AND
In
the matter of fabricating and malicious criminal proceeding framed against the
Petitioner, under section 324, 323, 506 r/w 34 of the I.P.C. by the Complainant
and Police Officials of the XYZ Police Station;
AND
In
the matter of impugned F.I.R. C.R. No. 89 dated 10th June 2019 of XYZ
Police Station, disclosing grave abuse of law and justice;
ABC,
Age - 29 years )
Profession
– Business )
Residing
at 007, Z tower, Vinecreast )
Garden
City, Mumbai – 122001 ) …Petitioners/Org.
Accused No. 3
Versus
State
of Maharashtra )
(through
- XYZ Police Station ) …
Respondent/ Org. Complainant
The Honourable Chief
Justice
And Other Honourable
Companion Justices
Of the High Court of
Judicature,
Bombay.
THE
HUMBLE PETITION OF THE ABOVENAMED PETITIONERS
MOST RESPECTFULLY SHEWETH
:
The abovenamed petitioner states and submits as follows:
1. That
the petitioner is the Org. Accused No. 3 in C.R. No. 89 dated 10th
June 2020 of XYZ Police Station, Mumbai. The Respondent is the ‘State of
Maharashtra through XYZ Police Station, Mumbai, in the aforesaid C.R. No. 89
dated 10th June 2020.
2. The
facts of the case are as follows :-
a) On
10th, June, the Complainant Aryan Chauhan registered an F.I.R. No.
89 under Section 324, 323, 506 r/w 34 of I.P.C. at XYZ Police Station against
the Petitioner and two other Co-accused person alleging that the Accused
persons assaulted the Complainant on a matter related to money.
b) On
10th, June 2020, the Petitioner with Co-Accused G. Chauhan and S.
Gulati were arrested and remanded to police and judicial custody from time to later,
released on bail. (Annexed herewith and marked as Exhibit-A is a copy of the
said F.I.R No. 89/2020 along with its English Translation copy).
c) Subsequently
in the month of July, the Chargesheet was also filed by the prosecution.
d) On
26th August 2019, the Charges were framed against the Accused
including the Petitioner.(Annexed herewith and marked as Exhibit-B is copy of
the Charges framed Order dated 10th July 2019)
e) From
26th August 2019 to till today, i.e. since pas about 7 months, the
prosecution has miserably failed to produce the Complainant A. Khanna.
f) On
14th March 2020, the Investing Officer filed an Application before
the Honourable Trial Court stating that the Complainant is not traceable as the
Complainant has left his old address residence and to some unknown place.
(Annexed herewith and marked as Exhibit-C is a copy of Application dated 1st October
2019).
g) On
16th March 2020, presently, the next date of hearing is scheduled on
19th April 2020. On the said 20th March 2020, the Honourable Trial Court will
give another date of hearing, as the Complainant is not traceable. Thus, it is
clear that the prosecution is not interested to produce the untraceable
Complainant, for 7 months and there is no possibility of commencement of the
Criminal Trial.
3. Being
aggrieved by the aforesaid facts and circumstances and ‘fabricated and
malicious criminal proceedings framed against the said Petitioner/Accused by
the said Complainant and Respondent, the Petitioner/ Org. Accused begs to move
this Honourable High Court in its ‘Inherent Jurisdiction’ for quashing &
setting aside’ of the said impugned Criminal proceeding in F.I.R. No. 89 dated
10th June 2020 of the XYZ Police Station, Mumbai, on the following
among other grounds:
GROUNDS
a) That,
7 months have passed, since the Charges were framed in
this case, there is no progress in the case.
b) That, the prosecution has categorically admitted that
the Complainant is untraceable, since the past 7 months, which means that there
is no possibility of the commencement of the Criminal Trial in this case.
c) That, the next date of hearing is on 19th
April 2020, On the said date the Honorable Trial Court will give another date
of hearing, as the prosecution is unable to trace the untraceable Complainant.
d) That
it is evident and there is no fault on the part of the Petitioner/ Org.
Accused.
e) That,
the respondent/ Prosecution is solely responsible for not tracing the
Complainant and for not conducting the Criminal Trial, since past 7 months.
f) That,
aforesaid failure on the part of the Prosecution, to trace the untraceable
Complainant and is not conducting Criminal Trial, even after 7 months,
evidently proves that the said impugned F.I.R. is a ‘fabricated and concocted’
complaint registered by the Complainant with the connivance of the
Respondent.
4. That
the aforesaid submissions are made without any prejudice to one another.
5. That
the Petitioner craves leave to refer to and reply upon the documentary
evidences annexed hereto.
6. That
the Petitioner submits that the Petitioner has no other effective remedy except
to invoke the ‘Inherent jurisdiction’ of this Hon’ble High Court, under article
226 of the Indian Constitution and section 482 of the Criminal Procedure Code.
7. That
the Petitioner has not made any other petition either in this Hon’ble High
Court or in the Hon’ble Supreme Court of India, in respect of the subject
matter of this Petition, save and except this petition.
8. That
the Petitioner submits that this Hon’ble High Court in its ‘Inherent
Jurisdiction’ can entertain, try and decide this petition, under article 226 of
the Constitution of India and under section 482 of the Criminal Procedure Code,
1973.
9. That
the Petitioner craves leave to add, amend, delete, change, alter and modify any
of the foregoing paragraph/grounds, with the permission of this Hon’ble High
Court.
10. That
the Petitioner submits that
this ‘Petition’ is not barred by the law of limitation and the same has been
filed at the earliest opportunity
11. That
the Petitioner submits that
there is no other effective remedy available or left for the said Petitioners,
save and except to approach to this Honorable Court by this present petition.
12. Under
these circumstances, the Petitioner/ Org. Accused, with folded hands pray that
this Hon’ble Court may be pleased:
a) To call for the records and proceedings of this case from
the Sr. P.I. of the XYZ Police Station, Mumbai and after persuading the same,
quash and to set aside, the said impugned Criminal Proceeding, bearing no. 123
in F.I.R. No. 89 dated 10-06-2109 of XYZ Police Station, Mumbai, being heard by
the Honorable Trial Court;
b) Considering
the peculiar facts and
circumstances of this case, the fabricated and malicious intentions of the Complainant,
the hearing of this present petition may be kindly expedited;
c) To
grant the cost of this petition;
d) To
order for such further and other relief orders and directives as the nature and
circumstances of the case may require or justify or as this Honorable Court may
deem fit and proper in the aforesaid facts and circumstances of the case;
And
for this act of kindness the petitioner shall ever pray for.
Dated
this day of 16th March 2020 at Mumbai
Petitioner
PETITION
DRAFTED , EXPLAINED
AND INTERPRETED BY:
Advocate
for the petitioner
A. Singh
Chamber
No. 9-A-3, A block
Bombay
High Court, Mumbai
Mobile:
0998765****
VERIFICATION
I,
the above named petitioner ABC, aged 29 years, Indian Habitant, residing at the above mentioned resident address, do solemnly
affirm and declare that whatever is stated in the paragraph from No. 1 to 3 of
the foregoing petition is true to the best of my knowledge and whatever is
stated in the remaining paragraphs from No. 4 to 12 is stated on the
information and belief and I believe the same to be true to the best of my
knowledge.
Petitioner
Solemnly declared at Mumbai
On this 16th day of March 2020
Advocate for the Petitioner
BEFORE ME.
AFFIDAVIT
IN THE HIGH COURT
OF JUDICATURE AT MUMBAI
IN THE CRIMINAL
WRIT JURISDICTION
CRIMINAL WRIT
PETITION NO. 290 OF 2019
IN
C.C. NO. 89 OF 2019
(In XYZ Police
Station C.R. No. 89 dates. 10th June 2019)
DIST. Mumbai
ABC Petitioner/Org. Accused
No. 3
Versus
State of Maharashtra
(Through - XYZ Police Station) Respondent/ Org. Complainant
I, ABC do hereby solemnly affirm and declare as under: -
1. That
the accompanying application has been prepared under my
instructions.
2. That
the contents of paras 1 to 12 of the accompanying application are correct and
true to the best of my knowledge.
3. That I solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein.
Affirmed at Mumbai
Date: 16th March 2020
S/d.-
A. Singh
Applicant
Through his Counsel
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