Criminal applications

Application by son of deceased for release of case property articles after conviction

Name: Justis AI
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Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.

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IN THE COURT OF THE LEARNED DISTRICT AND SESSIONS JUDGE, (NORTH DIST.), ROHINI COURTS, DELHI

S.C. NO. Sessions case number

IN THE MATTER OF:-

STATEVERSUS Name of accused in cause title

FIR No. FIR number

U/s.: 302/397/411/120B/34 IPC

P.S.: Police station

D.O.D.: Date of death of the deceased

INDEX

SR. NO.	PARTICULARS	PAGE NO.
1.	APPLICATION ON BEHALF OF THE APPLICANT, SON OF THE DECEASED SH. Name of the deceased father, SEEKING RELEASE OF THE ARTICLES.

AFFIDAVIT OF THE APPLICANT.

VAKALATNAMA

DELHIAPPLICANT

THROUGH

DATED: Date of application

Name of advocate

Contact number of advocate

IN THE COURT OF THE LEARNED DISTRICT AND SESSIONS JUDGE, (NORTH DIST.), ROHINI COURTS, DELHI

S.C. NO. Sessions case number

IN THE MATTER OF:-

STATEVERSUS Accused's name & ORS.

FIR No. FIR number

U/s.: 302/397/411/120B/34 IPC

P.S.: Police station

D.O.D.: Date of death of the deceased

APPLICATION ON BEHALF OF THE APPLICANT SEEKING RELEASE OF THE ARTICLES BELONGING TO HIS LATE FATHER, SH. Name of the deceased father, IN THE PRESENT CASE.

MOST RESPECTFULLY SHOWETH:-

1.That the captioned FIR was registered at Police Station Police station by the Applicant, son of the deceased Sh. Name of the deceased father, under Sections 302/397/411/120B/34 IPC. The said FIR was tried by this Hon'ble Court, which convicted the accused persons by its judgment dated Date of judgment of conviction.

2.That the Applicant is the son of the deceased Sh. Name of the deceased father, who was killed by the accused persons. The said accused persons were sentenced for the offences under Sections 302/397/411/120B IPC vide order dated Date of order of sentence.

3.That during the course of investigation, the following articles, belonging to the deceased Sh. Name of the deceased father, were recovered and seized as case property by the Investigating Officer in the present case:-

i.1 Description of first article

ii.1 Description of second article

iii.1 Description of third article

iv.Watch – Description of watch

4.That the Applicant, by way of the present application, seeks permission of this Hon'ble Court for release of the aforesaid articles to the Applicant, inasmuch as the matter has been disposed of by this Hon'ble Court vide its judgment dated Date of judgment of conviction, whereby the accused persons were convicted and sentenced in the proceedings arising out of the captioned FIR.

5.In view of the aforesaid facts and circumstances, and coupled with the judgment passed by the Hon'ble Apex Court, the articles may be released to the rightful owner (the Applicant herein); and at the time of release, photographs of the said articles may be taken on record so as to preserve the record of the actual case property.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to release the aforesaid articles, as mentioned in paragraph 3 above, to the Applicant, son of the deceased, in the interest of justice.

Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts of the case, in the interest of justice.

It is prayed accordingly.

DELHIAPPLICANT

THROUGH

DATED: Date of application

Name of advocate

Contact number of advocate

IN THE COURT OF THE LEARNED DISTRICT AND SESSIONS JUDGE, (NORTH DIST.), ROHINI COURTS, DELHI

S.C. NO. Sessions case number

IN THE MATTER OF:-

STATEVERSUS Accused's name & ORS.

FIR No. FIR number

U/s.: 302/397/411/120B/34 IPC

P.S.: Police station

D.O.D.: Date of death of the deceased

AFFIDAVIT

I, Name of the applicant (deponent), aged about Age of the applicant years, S/o Late Name of the deceased father, R/o Address of the applicant, do hereby solemnly affirm and declare as under:-

1.That I am the Applicant in the above-mentioned case, and as such I am well conversant with the facts and circumstances of the case and am competent to swear this affidavit.

2.That the contents of the accompanying application for release of the articles have been drafted by my counsel under my instructions, and the contents thereof have been read over and explained to me in my vernacular. The same are true and correct to my knowledge and belief, and shall form part and parcel of this affidavit. The contents are not repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this Date of verification of affidavit. The contents of the paragraphs of my above affidavit are true and correct. No part of it is false and nothing material has been kept concealed therefrom.

DEPONENT

IN THE COURT OF THE LEARNED DISTRICT AND SESSIONS JUDGE, (NORTH DIST.), ROHINI COURTS, DELHI

S.C. NO. Sessions case number

IN THE MATTER OF:-

STATEVERSUS Name of accused in cause title

FIR No. FIR number

U/s.: 302/397/411/120B/34 IPC

P.S.: Police station

D.O.D.: Date of death of the deceased

INDEX

SR. NO.	PARTICULARS	PAGE NO.
1.	APPLICATION ON BEHALF OF THE APPLICANT, SON OF THE DECEASED SH. Name of the deceased father, SEEKING RELEASE OF THE ARTICLES.

AFFIDAVIT OF THE APPLICANT.

VAKALATNAMA

DELHIAPPLICANT

THROUGH

DATED: Date of application

Name of advocate

Contact number of advocate

IN THE COURT OF THE LEARNED DISTRICT AND SESSIONS JUDGE, (NORTH DIST.), ROHINI COURTS, DELHI

S.C. NO. Sessions case number

IN THE MATTER OF:-

STATEVERSUS Accused's name & ORS.

FIR No. FIR number

U/s.: 302/397/411/120B/34 IPC

P.S.: Police station

D.O.D.: Date of death of the deceased

APPLICATION ON BEHALF OF THE APPLICANT SEEKING RELEASE OF THE ARTICLES BELONGING TO HIS LATE FATHER, SH. Name of the deceased father, IN THE PRESENT CASE.

MOST RESPECTFULLY SHOWETH:-

i.1 Description of first article

ii.1 Description of second article

iii.1 Description of third article

iv.Watch – Description of watch

PRAYER

Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts of the case, in the interest of justice.

It is prayed accordingly.

DELHIAPPLICANT

THROUGH

DATED: Date of application

Name of advocate

Contact number of advocate

IN THE COURT OF THE LEARNED DISTRICT AND SESSIONS JUDGE, (NORTH DIST.), ROHINI COURTS, DELHI

S.C. NO. Sessions case number

IN THE MATTER OF:-

STATEVERSUS Accused's name & ORS.

FIR No. FIR number

U/s.: 302/397/411/120B/34 IPC

P.S.: Police station

D.O.D.: Date of death of the deceased

AFFIDAVIT

I, Name of the applicant (deponent), aged about Age of the applicant years, S/o Late Name of the deceased father, R/o Address of the applicant, do hereby solemnly affirm and declare as under:-

1.That I am the Applicant in the above-mentioned case, and as such I am well conversant with the facts and circumstances of the case and am competent to swear this affidavit.

DEPONENT

VERIFICATION:-

DEPONENT

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IN THE COURT OF THE LD. ADDL. CHIEF METROPOLITAN MAGISTRATE, ROUSE AVENUE DISTRICT COURT,

NEW DELHI.

IN THE MATTER OF:

Applicant/accused's nameVERSUS Respondent's name

FIR NO. FIR number

U/S: 420/471/168 OF IPC

P.S.: Police station, District

APPLICATION ON BEHALF OF THE APPLICANT / ACCUSED, Applicant/accused's name, FOR CANCELLATION OF THE LOOK-OUT CIRCULAR (LOC) OPENED / ISSUED AGAINST THE APPLICANT / ACCUSED IN CONNECTION WITH FIR NO. FIR number.

MOST RESPECTFULLY SHOWETH:

1.That the aforesaid case is pending before this Hon'ble Court, and the charge-sheet has been filed in the aforesaid FIR against the applicant / accused.

2.That there is no basis for the issuance of the LOC against the applicant / accused. It is pertinent to mention herein that notice under Section 41A of the CrPC was served upon the applicant / accused through WhatsApp or email, and the applicant has always given a reply / response to the same to the Investigating Officer of the case who issued the notice. The issuance of the LOC against the applicant is itself bad in law and violative of Articles 14 and 21 of the Constitution. The LOC, if any, pending in the name of the applicant / accused is also contrary to the objective for which an LOC may be issued.

Criminal applications