Criminal applications

Application under Section 446A CrPC for release of surety and fixed deposit after accused's acquittal

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 MS.Name of Metropolitan Magistrate, M.M., TIS HAZARI COURTS, DELHI

IN RE-:

Case name (complainant)VERSUS Case name (accused)

GHOSHWARA NO. Ghoshwara number/Ghoshwara year

APPLICATION UNDER SECTION 446A Cr.P.C. FOR RELEASE OF SURETY AND FIXED DEPOSIT FURNISHED ON BEHALF OF Accused's name (ACCUSED)

MOST RESPECTFULLY SHOWETH-:

1.That the above-noted case was decided by this Hon'ble Court on Date of decision (day).Date of decision (month).Date of decision (year), whereby the accused was acquitted, and the surety was discharged.

2.That the applicant had stood surety for the accused, Accused's name, and, in terms of the surety bond and as per the directions of this Hon'ble Court, deposited a fixed deposit of Rs. Fixed deposit amount (₹, thousands part),Fixed deposit amount (₹, remainder)/-.

3.That the above-noted case was decided in favour of the accused, and it is pertinent to mention that the accused stands acquitted in the said case. The surety is therefore entitled to be discharged, as there remains no purpose in the surety bond continuing any further.

4.That the applicant has not been able to have the surety released by this Hon'ble Court, and has accordingly filed this application for release/cancellation of the surety. The applicant has also learnt that the file of the above-mentioned case has been consigned to the record room vide Ghoshwara No. Ghoshwara number/Ghoshwara year.

PRAYER:

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to summon the file from the record room and release/cancel the surety of the applicant, along with the fixed deposit of Rs. Fixed deposit amount (₹, thousands part),Fixed deposit amount (₹, remainder)/-, in the interest of justice.

Prayed accordingly,Applicant

Date: Date of application (day).Date of application (month).Date of application (year)

Place:Through Applicant's name, ADVOCATE

Address: Applicant's address

Applicant's address (line 2)

Applicant's address (line 3).

Mob. No.: Applicant's mobile number

Email: Applicant's email

IN THE COURT OF MS.Name of Metropolitan Magistrate, M.M., TIS HAZARI COURTS, DELHI

IN RE-:

Case name (complainant)VERSUS Case name (accused)

GHOSHWARA NO. Ghoshwara number/Ghoshwara year

APPLICATION UNDER SECTION 446A Cr.P.C. FOR RELEASE OF SURETY AND FIXED DEPOSIT FURNISHED ON BEHALF OF Accused's name (ACCUSED)

MOST RESPECTFULLY SHOWETH-:

PRAYER:

Prayed accordingly,Applicant

Date: Date of application (day).Date of application (month).Date of application (year)

Place:Through Applicant's name, ADVOCATE

Address: Applicant's address

Applicant's address (line 2)

Applicant's address (line 3).

Mob. No.: Applicant's mobile number

Email: Applicant's email

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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