IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
F.I.R. No. FIR number
U/S.: 452/323/34 IPC
P.S.: Police station
I N D E X
| S.NO. | PARTICULARS | PAGES | C.FEE |
| 5. | PETITION UNDER SECTION 439(2) READ WITH SECTION 482 OF CR.P.C. WITH AFFIDAVIT IN SUPPORT. | | |
| 6. | ANNEXURE P-1: TRUE TYPED COPY OF FIR No. FIR number. | | |
| 7. | ANNEXURE P-2: COPY OF ORDER DATED Date of bail order PASSED BY THIS HON'BLE COURT IN BAIL APPLICATION NO. Bail application number. | | |
| 8. | APPLICATION UNDER SECTION 482 OF CR.P.C. FOR EXEMPTION FROM FILING CERTIFIED COPY, WITH AFFIDAVIT. | | |
DELHIPETITIONER
THROUGH
DATED
(Advocate's name
ADVOCATES
Ch. No. Court fee receipt number,
Tis Hazari Courts, Delhi-110054.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. MAIN No. Criminal misc. main case number OF Year of filing of the criminal misc. main case.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
F.I.R. No. FIR number
U/S.: 452/323/34 IPC
P.S.: Police station
URGENT APPLICATION
TO,
THE HON'BLE JOINT REGISTRAR,
HON'BLE HIGH COURT OF DELHI,
NEW DELHI.
SIR,
It is most respectfully prayed that the accompanying petition may kindly be treated as an urgent matter in accordance with the Rules and Regulations of the Hon'ble High Court. The ground of urgency is as follows: -
It is necessary, in the interest of justice, to cancel the bail granted to Respondent Nos. 2 and 3 by this Hon'ble Court in Bail Application No. Bail application number vide order dated Date of bail order in FIR No. FIR number, P.S. Police station, under Sections 452/323/34 IPC.
DELHIPETITIONER
THROUGH
DATED:
(Advocate's name
ADVOCATES
Ch. No. Court fee receipt number,
Tis Hazari Courts, Delhi-110054.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. MAIN No. Criminal misc. main case number OF Year of filing of the criminal misc. main case.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
F.I.R. No. FIR number
U/S.: 452/323/34 IPC
P.S.: Police station
MEMO OF PARTIES
Petitioner's name: PETITIONER
VERSUS
1. Respondents' names: RESPONDENTS
DELHIPETITIONER
THROUGH
DATED
(Advocate's name
ADVOCATES
Ch. No. Court fee receipt number,
Tis Hazari Courts, Delhi-110054.
State Vs. Respondent No. 2's name & Anr.
FIR No. FIR number
P.S.: Police station
U/S.: 452/323/34 IPC
Pending in the Court of Sh. Name of trial court Metropolitan Magistrate, Ld. M.M., Tis Hazari Courts, Delhi.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. MAIN No. Criminal misc. main case number OF Year of filing of the criminal misc. main case.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
F.I.R. No. FIR number
U/S.: 452/323/34 IPC
P.S.: Police station
PETITION ON BEHALF OF THE PETITIONER UNDER SECTION 439(2) READ WITH SECTION 482 OF THE CR.P.C. SEEKING CANCELLATION OF THE BAIL GRANTED BY THIS HON'BLE COURT TO RESPONDENT NOS. 2 AND 3 / ACCUSED, NAMELY Respondent No. 2's name AND Respondent No. 3's name, IN BAIL APPLICATION NO. Bail application number VIDE ORDER DATED Date of bail order
MOST RESPECTFULLY SHOWETH:-
1.That the present petition has been filed by the Petitioner seeking cancellation of the bail granted to Respondent Nos. 2 and 3 by this Hon'ble Court in Bail Application No. Bail application number, arising out of FIR No. FIR number, P.S. Police station, under Sections 452/323/34 IPC, vide order dated Date of bail order.
2.The grounds upon which cancellation of bail is sought, and which require consideration in the present petition, are: -
a.Whether this Hon'ble Court scrutinised the testimony of the witnesses at the stage of hearing of the bail application?
b.Whether this Hon'ble Court, while granting bail to Respondent Nos. 2 and 3 in the present case under Section 323 of the Indian Penal Code, ought to have recorded reasons as to why bail was being granted?
c.While granting bail to the accused persons, this Hon'ble Court imposed the condition that they would not visit the residential premises of the parents / complainants (the Petitioner herein); nevertheless, the accused have threatened the Petitioner with dire consequences if she does not withdraw the present FIR.
3. That the brief facts leading to the filing of the present petition are as follows: -
A.That the Petitioner resides at the address stated above; Respondent No. 1 is the son of the Petitioner, and Respondent No. 2 is the wife of Respondent No. 1. They have been residing separately from the Petitioner owing to family disputes, which are also pending before the Courts below.
B.That on Date of incident, at around Time of incident p.m., the Respondents, along with certain other persons, forcibly entered the house of the Petitioner. Prior to coming to her house, they used filthy and abusive language against the Petitioner over the telephone. Upon arrival, they assaulted the Petitioner, snatched her gold chain, and ran away while abusing her in filthy language, declaring that no one could stop them and that they would return again, as they had no fear of the police or of the law.
C.Thereafter, the Petitioner called on Telephone number called for police help, and the police reached the spot, whereupon the present FIR was registered against the Respondents. It is submitted that the Petitioner and her husband had debarred Respondent Nos. 2 and 3 from their movable and immovable properties.
D.That the two families are not even on speaking terms, let alone visiting each other. The civil dispute regarding the probate of the Will is pending before the Court of Name of the ADJ before whom the probate case is pending, Ld. ADJ, Delhi.
E.After the filing of the charge-sheet, the Ld. Trial Court was pleased to frame charges against Respondent Nos. 2 and 3 under Sections 452/323/34 IPC.
F.It is submitted that Respondent Nos. 2 and 3 were granted bail by this Hon'ble Court, in respect of the aforesaid FIR registered under Sections 452/323/34 of the Indian Penal Code, vide order dated Date of bail order.
4.That this Hon'ble Court, vide order dated Date of bail order, was pleased to grant bail to Respondent Nos. 2 and 3, which order is impugned in the present petition on the following grounds: -
GROUNDS: -
A.That the Petitioner has filed a probate case for the probate of the Will executed by her husband. Respondent No. 2 filed objections to the said probate case, and has gone to the extent of levelling the wild allegation that she murdered the Petitioner's husband.
B.That Respondent No. 2 posted an objectionable remark on Facebook against the Petitioner and her husband, going to the extent of stating: "Objectionable Facebook remark text"
C.That another FIR, bearing No. FIR number of maid servant's complaint, was lodged by the maid servant of the Petitioner under Sections 354/506/427 IPC at P.S. Police station, wherein Respondent No. 2 was involved in the molestation of the maid servant.
D.That the relationship of Respondent Nos. 2 and 3 with the Petitioner has been strained since the year 2010, during the lifetime of Sh. Name of petitioner's late husband, and a number of complaints and FIRs were lodged against Respondent Nos. 2 and 3.
E.That the Hon'ble Supreme Court in Prabhu Kadam v. Ram Prasad Vishwanath & Anr., 2011 (6) SCC 189, held that "in considering the question whether to cancel the bail given to an accused, the Court has to consider the gravity and nature of the offence and in case there are very serious allegations against the accused the bail can be cancelled even if the accused had not misused the liberty of bail granted to him".
F.That Respondent Nos. 2 and 3 are violating the terms of the bail granted by this Hon'ble Court vide order dated Date of bail order.
G.For that Respondents No. 2 and 3 threatened the complainant / petitioner with dire consequences if she did not withdraw the FIR lodged against Respondents No. 2 and 3.
H.For that Respondents No. 2 and 3 visited the house of the petitioner / complainant and threatened her.
I.For that the Learned Trial Court ought not to have ignored the testimony of the eye-witnesses, who had given ocular evidence qua the incident.
J.For that expert evidence has two aspects, namely, data evidence and opinion evidence. While it is undoubtedly true that data evidence cannot be rejected merely because it is inconsistent with oral evidence, so far as opinion evidence is concerned, it is only an inference drawn from the data, and such evidence would not take precedence over direct eye-witness testimony unless, of course, the inconsistency between the two is so great as to obviously falsify the oral evidence; further, the value of medical evidence is only corroborative.
K.For that the Court is not required to scrutinise the testimony of the witnesses at the stage of hearing of a bail application.
L.While granting bail in serious offences, the Court ought to indicate reasons as to why bail is being granted, failing which the order would operate to the prejudice of the complainant.
M.While granting bail to the Respondents, the Court failed to consider that they are in a position to influence the witnesses in this case and to thwart the course of justice.
N.That the order granting bail to the Respondents is wholly bad in law, is detrimental to the aforesaid case, and will thwart the course of justice in the aforesaid case.
O.That the order dated Date of bail order granting bail to the Respondents, passed without considering the aforesaid material facts and without considering the gravity of the offence, is wholly erroneous and contrary to the law and guidelines settled by the Hon'ble Supreme Court of India as well as the Hon'ble High Court of Delhi.
P.Because the Court failed to appreciate the relevant material and instead considered irrelevant material while granting bail.
Q.That the Learned Court failed to appreciate, while granting bail to the Respondents, that the Hon'ble Supreme Court in SLP (Crl.) No.SLP (Criminal) number, titled "-----------------", vide its order dated Date of Supreme Court order, while cancelling the bail granted to the accused, observed as under:
"The challenge in this appeal is to the order dated Date of High Court bail order in cited case passed by the High Court granting bail to the respondent-accused subject to her furnishing a personal bond in the sum of Rs.Bail bond amount in cited case (₹)/- with one surety of the like amount to the satisfaction of the Trial Court.
The respondent, along with others, is an accused under Section 420 read with Section 120-B IPC. The amount involved in this case is Rs.Amount involved in cited case (₹)/-. We have gone through the impugned order passed by the High Court, and no reason has been assigned in the order as to why bail should be granted in an offence of such a serious nature.
It is settled law that while granting bail in a non-bailable offence, the primary consideration is the gravity and nature of the offence. It appears that the High Court has not at all considered the gravity and nature of the offence while granting bail to the respondent-accused:"
5.In view of the aforesaid facts and law, the Court, while granting bail to the Respondents vide order dated Date of bail order, neither considered the undisputed facts available on record, nor considered the gravity of the offence, nor considered the conduct of the accused; as such, the impugned order, being bad in law, is liable to be set aside.
6.No similar petition for cancellation of bail has been filed by the petitioner / complainant before any other Court, before this Hon'ble Court, or before the Hon'ble Supreme Court of India.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
a.Set aside the order dated Date of bail order passed by this Hon'ble Court in Bail Application No.Bail application number in FIR No.FIR number, P.S. Police station, under Sections 452/323/34 IPC.
b.Cancel the bail granted to Respondents No. 2 and 3 by this Hon'ble Court vide order dated Date of bail order, and direct that they be taken into custody in the aforesaid case, in the interest of justice.
c.Pass such further order or orders as this Hon'ble Court may deem fit and proper, in the interest of justice.
DELHIPETITIONER
THROUGH
DATED
(Advocate's name)
ADVOCATES
Ch. No.Court fee receipt number,
Tis Hazari Courts, Delhi-110054.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APPLICATION NO. Criminal misc. application number OF Year of the criminal misc. application.
IN
CRL. MISC. MAIN No. Criminal misc. main case number OF Year of the criminal misc. main case.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Deponent's name, aged about Deponent's age years, W/o Late Sh. Name of deponent's late husband, R/o Deponent's house/flat number, Deponent's street or locality, New Delhi-Deponent's pin code, do hereby solemnly affirm and declare as under :-
1.That I am the Petitioner / Complainant in the above-noted case, and as such, in that capacity, I am well conversant with the facts and circumstances of the case and competent to depose hereunder.
2.That the deponent has gone through the averments made in the accompanying application under Section 482 of the Cr.P.C., seeking exemption from filing certified copies, and submits that this application has been drafted by my counsel on my instructions and on the facts as briefed by me.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Day of verification day of Month of verification, Year of verification, that the facts stated in the above Affidavit are true to my knowledge, no part of the same is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. MAIN No. Criminal misc. main case number OF Year of the criminal misc. main case.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Deponent's name, aged about Deponent's age years, W/o Late Sh. Name of deponent's late husband, R/o Deponent's house/flat number, Deponent's street or locality, Landmark near deponent's residence, New Delhi-Deponent's pin code, do hereby solemnly affirm and declare as under :-
1.That I am the Petitioner / Complainant in the above-noted case, and as such, in that capacity, I am well conversant with the facts and circumstances of the case and competent to depose hereunder.
2.That the contents of the accompanying petition under Section 439(2) read with Section 482 of the Cr.P.C. have been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and explained to me in my vernacular language, and after fully understanding the contents thereof, I state that the same are true and correct to my knowledge.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Day of verification day of Month of verification, Year of verification, that the facts stated in the above Affidavit are true to my knowledge, no part of the same is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APPLICATION NO. Criminal misc. application number OF Year of the criminal misc. application.
IN
CRL. MISC. MAIN No. Criminal misc. main case number OF Year of the criminal misc. main case.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
F.I.R. No.FIR number
U/S.: 452/323/34 IPC
P.S.: Police station
APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE ANNEXURES.
MOST RESPECTFULLY SHOWETH :-
1.That the Petitioner has filed annexures along with the main petition in support thereof, and the Name of annexure filed filed is a true, correct and compared copy of the original.
2.That the Petitioner shall apply for obtaining the certified copies of the Name of document for certified copy and undertakes to file the same as soon as they are made available by the copying agency concerned.
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to exempt the Petitioner from filing the certified copies of the Name of document for certified copy.
DELHIPETITIONER
THROUGH
DATED: Date of filing
(Advocate's name)
ADVOCATE FOR THE PETITIONER
Ch. No. Court fee receipt number,
Advocate's chamber address