Police Complaint

In the matter of:

    .......................... ………. PETITIONER

---

THE STATE OF ………………… .......RESPONDENT

      WITH

In the matter of: Crl. M.P. No. _____ of 2013

      An application for ex-parte stay of arrest.

AND

      Crl. M.P. No. _____ of 2013

      An application for exemption from filing official English Translation.

AND

      Crl. M.P. No. _____ of 2013

      An application under order XLVII

of Supreme Court for exemption from

filing Certified copy of the Annexures.

PAPER BOOK

FOR INDEX KINDLY SEE INSIDE

-----------------------------------------------------------------

ADVOCATE FOR THE PETITIONER

1.      O/R on limitation
   

2.      List of Dates
   

3.      Impugned Judgment and final Order
   

      dated dd.mm.yyyy in S.B. Criminal Misc.

Bail Application No. …………. of 2013

passed by the Hon’ble High Court

of Judicature for Rajasthan at Jodhpur

1. Special Leave Petition with affidavit

2. Annexure P-1

      True translated copy of the

FIR No. xxxx/13 u/s 498-A/406 IPC

1. Annexure P-2

   Copy of order dated dd.mm.yyyy

1. Annexure P-3

      Copy of order dated dd.mm.yyyy

1. Annexure P-4

      Photographs showing the said

illicit relationship

1. Crl. M.P. No. _____ of 2013

 An application for ex-parte stay of arrest.

1. Crl. M.P. No. _____ of 2013

An application for exemption

from filing official English

Translation.

1. Crl. M.P. No. _____ of 2013

An application under order XLVII

of Supreme Court for exemption from

filing Certified copy of the Annexures.

LIST OF DATES

dd.mm.yyyy The Petitioner had joined the services of Indian Air Force Station, Belgaon, Karnataka and now the Petitioner is presently posted at CISF Unit deployed at Mehsana, ONGC. The Petitioner is aged about 58 years and the Petitioner are always remained on transferable job throughout India through his whole life.

March, yyyy In the month of March, yyyy the engagement the ceremony between the son of the Petitioner ………………… and Smt. ……………………. D/o Sh. ……………. R/o……………………………………………………………………., Rajasthan was solemnized.

19.7.2010 The son of the Petitioner had married with complainant…………on………………dd.mm.yyyy according to Hindu rites and ceremonies at Delhi. The Petitioner had never raised any demand of dowry, costly, articles, jewellery or clothes or any other valuable things and properties from the Complainant and her parental family members at any point of time either before marriage, at the time of marriage and thereafter and never caused any kind of harassment, cruelties and atrocities upon the Complainant at any point of time. The Petitioner had never interfered in the matrimonial life of the Complainant and her husband at any point of time. No list of articles/jewellery/gifts between the parties were prepared at the time of marriage.

dd.m.yyyy The Complainant in collusion and connivance with her parental family members had left the company of the his son from the premises bearing No. ………………………………...

      The Complainant during her stay at the company of his husband had never lodged any kind of complaint either before CAW Cell, police authority or court in respect of dowry demand and harassment against the Petitioner herein.

dd.mm.yyyy The Complainant after almost two years of leaving the company of her husband by misusing and abusing the process of law and with dishonest and fraudulent intention to cause mental torture, pain, agony, suffering and set back has lodged the false, fabricated, manipulated, concocted and vexatious criminal proceedings vide criminal case No. xxxxx/13 u/s 498-A/406 IPC at P.S……………….. as per the directions of CJM Court.

27.6.2013 The police officials namely…………….., SHO, P.S. CAW Cell,……….. had arrested the wife of the Petitioner and received the articles.

The petitioner has got apprehension of his arrest. The bail application of the petitioner has been dismissed by the Hon’ble Court of Ms…………………,Ld. ASJ(RHJS), Nagaur, vide its order dated dd.mm.yyyy.

dd.mm.yyyy The Hon'ble……………, was pleased to direct the Petitioner to appear the investigating officer on dd.mm.yyyy and matter was adjourned for dd.mm.yyyy. In compliance of the direction of the Hon'ble High Court of Jodhpur, the Petitioner had joined the enquiry/investigation on dd.mm.yyyy and had given the full cooperation and coordination of the Investigation agency but nothing incriminatory articles were recovered from the possession of the Petitioner.

25.9.2013 The petitioner filed a petition for the grant of bail before Hon'ble High Court of Judicature at Rajasthan vide S.B. Criminal Misc. Bail Application No. xxxxx of 2013 and the Hon'ble High Court vide its order dated 25.9.2013 dismissed the bail application of the Petitioner. (Impugned order)

      Hence the Special Leave Petition.

  

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (Crl.) No. of 2013

In the matter of:

Before Trial High Court In this

      Court Court

xxxxxxxx

S/O SH. xxxxxxx

R/O ……………………,.

      Accused Petitioner Petitioner

---

The State of Rajasthan

Through its Director

of Prosecution Cell,

Supreme Court,

New Delhi Prosecution Respondent Respondent

AND

In the matter of:- PETITION UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA AGAINST THE JUDGMENT AND FINAL ORDER DATED 25.9.2013 IN S.B. CRIMINAL MISC. BAIL APPLICATION NO. 5136 OF 2013 PASSED BY THE HON’BLE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUr

To,

      The Hon’ble Chief Justice of India and his

      Companion Justices of the Supreme Court

      of India at New Delhi.

The Humble petition of the

above-named petitioner.

Most Respectfully Showeth as under:

1.      That the present petition has been filed under Article 136 of the Constitution of India seeking Special Leave to appeal arising against the judgment and final order dated 25.9.2013 in S.B. Criminal Misc. Bail Application No. xxxxxx of 2013 passed by the Hon’ble High Court of Judicature for Rajasthan at Jodhpur, wherein the Hon’ble High Court dismissed the anticipatory bail application of the petitioner.
   

2.      **QUESTION OF LAW:-**
   

      The instant petition raises the following substantial question of law of public importance which has not been decided earlier by this Hon'ble Court.

(a) Whether any other list of articles, dowry, can be looked into for any legal purposes and consideration and the recovery of the articles and the subject matter before the court which has not been prepared according to the Dowry Prohibitions Rules and Regulations, 1985 ?

(b) Whether the Investigation agency and the Hon'ble Court can forced the accused persons to return the articles as per the list which has not been prepared as per the Dowry Prohibition Rules and Regulations, 1985 ?

(c) What is the legality and validity of the list which has not been prepared at the time of marriage by both the sides as per the compliance of Dowry Prohibitions Rules and Regulations ?

(d) Whether the Hon'ble Court has jurisdiction to enforce the list which has not been prepared as per the Dowry Prohibition Rules and Regulations ?

(e) Whether a person can be denied the privileges, concession, and benefits of the bail, if he fails to return the articles as per the list which is not having any legal value and which is null and void and nonest in the eyes of law ?

(f) Whether the person can be denied a benefit of the bail when he is permanent resident of Delhi and there is no chances of fleeing from justice ?

(g) Whether a person can be denied a benefit of the bail when the entire case of the Complainant is resting upon the statement of her and her interested witnesses ?

(h) Whether the Hon'ble Court has power to withhold the bail in the matrimonial matters ?

(i) Whether the person can be denied the benefit of the bail merely on the ground that the articles is yet to be returned/recovered ?

(j) Whether the criminal proceedings can be used as a instrument and means of recovering of the illegal and unlawful articles which has not been prepared as per the list of Dowry Prohibition Rules ?

(k) Whether investigation agency has a power and authority to recovery the articles as per the list of Articles which has not been prepared at the time of marriage ?

1.      That the brief facts of this case are enumerated hereinafter.
   

2.      That  the Petitioner  had joined the services of Indian Air Force Station, Belgaon, Karnataka  on 25.3.1990 and now the Petitioner  is presently posted at ……………………………………….  The Petitioner  is aged about 58 years and the Petitioner are always remained on transferable job throughout India through his whole life.
   

3.      That  in the month of March, 2010 the engagement the ceremony between the son of the Petitioner  namely………………… and Smt. ………. D/o Sh. …………………. R/o …………………………, Nagore, Rajasthan was solemnized.
   

4.      That  the son of the Petitioner  had married with complainant …………… on dd.mm.yyyy  according to Hindu rites and ceremonies at Delhi. The Petitioner  had never raised any demand of dowry, costly, articles, jewellery or clothes or any other valuable things and properties from the Complainant  and her parental family members at any point of time either before marriage, at the time of marriage and thereafter and never caused any kind of harassment, cruelties and atrocities upon the  Complainant  at any point of time.  The Petitioner  had never interfered in the matrimonial life of the Complainant  and her husband at any point of time. No list of articles/jewellery/gifts between the parties were prepared at the time of marriage.
   

5.      That  the Complainant in collusion and connivance with her parental family members  had left the company of the his son from the premises bearing No…………………………..dd.mm.yyyy. 
   

6.      That the Complainant  during her stay at the company of his husband had never lodged any kind of complaint either before CAW Cell, police authority or court in respect of dowry demand and harassment against the  Petitioner   herein. 
   

7.      That  on 7.6.2013,  the Complainant  after almost two years of leaving the company of her husband by misusing and abusing the process of law and with dishonest and fraudulent intention to cause mental torture, pain, agony, suffering and set back has lodged the false, fabricated, manipulated, concocted and vexatious criminal proceedings vide criminal case No. xxxxx/13 u/s 498-A/406 IPC at P.S. Nagaur as per the directions of CJM Court. True translated copy of the FIR  No.xxxxx/13 u/s 498-A/406 IPC  P.S. Nagaur dated 7.6.2013 is annexed herewith as **Annexure P-1 (**from pages \_\_\_\_ to \_\_\_\_) 
   

8.  That  the police officials namely……………….., SHO, P.S. CAW Cell, Nagaur had arrested the wife of the Petitioner  on 27.6.2013 and received the articles.
   

9.  That  the petitioner has got apprehension of his arrest. The bail application of the petitioner has been dismissed by the Hon’ble Court of Ms.xxxxxx,  Ld. ASJ(RHJS), Nagaur,  vide its order dated 5.7.2013.  True translated copy of order dated 5.7.2013 is annexed herewith as **Annexure P-2 (**from pages \_\_\_\_ to \_\_\_\_) 
   

10.  That  the Hon'ble Justice xxxxxx was pleased to direct the Petitioner  to appear the investigating officer on 15.7.2013 and matter was adjourned for 26.7.2013. In compliance of the direction of the Hon'ble High Court  of Jodhpur, the Petitioner  had joined the enquiry/investigation on 22.7.2013 and had given the full cooperation and coordination of the Investigation agency but nothing incriminatory articles were recovered from the possession of the Petitioner.   Copy of order dated 15.7.2013 is annexed herewith as **Annexure P-3** (from pages \_\_\_\_ to \_\_\_\_).
    

11.    That  the petitioner  filed a petition for  the grant of bail before Hon'ble High Court  of Judicature at Rajasthan vide S.B. Criminal Misc. Bail Application No. ……….. of 2013 and  the Hon'ble High Court  vide its order dated 25.9.2013 dismissed the bail application of the Petitioner. (Impugned order)
    

12.  Being aggrieved by  and dissatisfied  with the judgment  and order dated 25.9.2013 passed by the High Court of Delhi,   the petitioner is preferring this petition inter-alia on the following grounds:-
    

GROUNDS

a. Because the Hon'ble Court below has totally failed to consider that the list of dowry articles relied by the Complainant was not legally admissible in eyes of law as the list of articles relied upon by the Complainant was not prepared as per the provisions of Dowry Prohibition Rules and Regulations. Therefore, the Ld. Court below was not justified in directing the Petitioner return the articles as per the list of the Complainant.

b. Because the Courts below failed to appreciate that whatever articles were in the custody of the Petitioner or his family members the same has been recovered after the wife of the present Petitioner was taken into custody.

c. Because the Petitioner and his family members have been implicated in a false case of dowry and the same has been done by the Complainant just to save herself from her misdeeds as she was to an illicit relationship with some other persons. Photographs showing the said illicit relationship are annexed herewith as Annexure P-4.

d. Because the list filed by the Complainant before CAW Cell is not legally admissible in eyes of law and the same cannot be acted upon as per the provision of order 2 of THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985

2. Rules in accordance with which lists of presents are to be maintained.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

      (2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

Every list of presents referred to in sub-rule (1) or sub-rule (2),-

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage:

    (b) shall be in writing;

      (c) shall contain,-

(i) a brief description of each present;

(ii) the approximate value of the present;

(iii)the name of the person who has given the present; and

(iv)where the person giving the present is related to the bride or bridegroom, a description of such relationship;

    (d) shall be signed by both the bride and the bridegroom.

Explanation. 1.- Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining the signature on the list, of the person who has so read out the particulars contained in the list.

Explanation 2.- Where the bridegroom is unable to sign he may affix his thumb-impression in lieu of his signature after having the list read out to him and obtaining the signature on the list of the person who has so read out the particulars contained in the list.

(4) The bride or the bridegroom may, if she or he so desires, obtain on either or both of the lists referred to in sub-rule (1) or sub-rule (2) the signature or signatures of any relations of the bride or the bridegroom or of any other person or persons present at the time of the marriage.

e. Because in a society governed by rule of law, the statutory bodies and judicial authorities are under a statutory legal obligations to exercise their power strictly according to the Act and rules and regulations made under and if any authority ignored the statutory provisions and rules and regulations made thereunder then it is a violated of basic structure of constitution of India as in the case of the Petitioner, the Hon'ble Court below ought to have exercised its judicial discretions strictly accordingly to the provision of Dowry Prohibition Act, 1968 and rules and regulations made thereunder and the Ld. Court below was not having any legal jurisdiction and lawful authority and power to exercise the jurisdiction contrary to the provision of Dowry Prohibition Act, and rules and regulations made there under and in this manner, the Hon'ble Justice below has exceeded its jurisdiction and has failed to exercise jurisdiction vested in it by law judiciously, justly and fairly and the court can never be a party to a wrong things which is prohibited by law and in the present case any other list which is not prepared as per the provisions of Dowry Prohibition Rules, 1985 cannot be enforced in the court law.

f. Because the Hon'ble Court below was not having any power and authority to implement and enforced the list of dowry articles relied upon by the Complainant and the Ld. Trial Court has exceeded in its jurisdiction by giving the directions to the Petitioner to return the articles.

g. Because the list filed by the Complainant is not supported with any bills, invoices etc. and if any is placed on record, the same is fabricated one as the list upon which the Complainant is relying not prepared at the time of marriage.

h. Because there is no material on record for coming to the conclusion and inferences that the Petitioner has not complied with the directions of the Hon'ble Justice below and there was no deliberately, willful, intentional disobey of directions of the Hon'ble Court and the Petitioner has immense respect and regard directions, order of the Hon'ble Court below because it portect the fundamental right and liberty of the citizen.

i. Because the Hon'ble Court below has deprived the Petitioner to avail the benefit of section 438 Cr.P.C. which is the provisions for securing the liberty of the Petitioner and the Ld. court below has deprived the Petitioner of his substantive right to get the bail and failure to exercise jurisdiction by the Ld. Court below has caused greave miscarriage and failure of justice and irreparable loss and injury to the interest of the Petitioner and has deprived the Petitioner to secure his liberty by following the procedure established under the law.

j. Because the Hon'ble Court below has not followed the humanistic and pragmatic approach in exercising the jurisdiction for granting the bail.

k. Because the Hon'ble Court below has totally failed to consider that the Hon'ble Court was having the ample jurisdiction and power to direct the Petitioner to appear again before the investigation officer.

l. Because the Hon'ble Court below has totally failed to consider that at the time of exercise of bail jurisdiction the nature of allegations and gravity and seriousness of the offence, nature of the punishment, character and nature of evidence, chances of the tempering with the prosecution evidence and chances of fleeing from justice and status of the accused persons and victim should be consider and all the cumulative factor should be considered while granting the bail and bail jurisdiction cannot be exercise in a highly capricious, arbitrary and has deprived the Petitioner of substantive and constitutional right to secure his liberty by following the procedure established under the law as the bail is only procedure through which the liberty of the citizen can be protected and denying a persons of availing the opportunity of statutory right u/s 438 Cr.P.C. and Article 21 of Constitution of India is totally negotiation of rule of law.

m. Because the Hon'ble Court below has totally failed to consider that the Petitioner during the enquiry before the CAW Cell has fully cooperated and given the coordination to the investigation agencies and the Complainant refused to take the articles as she wanted to create a ground for cancellation of bail so there was no justification and lawful grounds for appearing before the enquiry officer.

n. Because the Hon'ble Court below has totally failed to consider that even the single retention of the articles may invoke the applicability of section 406 IPC and it is not the requirement of the law and not the obligations upon the accused persons that the will get recovered the articles of the Complainant which is not in custody, power, possession and control of the Petitioner of the Petitioner.

o. That the statutory power should be exercise bonafidely honestly and sincerely and for the purpose and object for which it has been conferred upon any authority and if the statutory bodies do not exercise the power when the circumstances exist for exercising of the power to attain the object and aims of the statutory provisions, then it tantamount to misuse and abuse of process of law and in the present case there was ample evidence and material on record that the Petitioner was entitled for the benefit of the anticipatory bail and being the public servant in …………….., there was no chances of fleeing from justice and tempering with the prosecution evidence and due to the mechanical exercise of the power, the Petitioner has been forced to keep himself away from the process of law and the action of Ld. Court below has depriving the Petitioner to earn his livelihood.

p. Because the court below failed to appreciate the fact that the petitioner has clean and clear antecedents and has never been convicted in any case by any court of law and no other criminal case/inquiry/proceedings are pending against her in any court of law.

q. Because the Hon'ble Court below has totally failed to consider that nature of the dispute between the parties has arisen out of matrimonial discord.

r. Because the Hon'ble Court below has totally failed to consider that nature and gravity of offence and nature of the sentence should be consider at the time of passing the conviction.

s. Because the Hon'ble Court below has totally failed to consider that the entire case of the prosecution was resting upon the statement of the Complainant, her parents and interested witness so there was no chances of tempering with the prosecution evidence in any manner whatsoever.

t. Because the Hon'ble Court below has totally failed to consider that the statement of the Complainant and her witnesses is yet to be testified and verified at the time of cross examination of the witnesses.

u. Because the Hon'ble Court below has totally failed to consider that the Petitioner is a Govt. servant and working with ONGC so there is no chances of fleeing from justice and withholding of bail by the Ld. Court below has caused grave miscarriage and failure of justice to the Petitioner and the Petitioner is under the fear of arrest and having the apprehension and reason to believe that the police officials may arrest the Petitioner at any point of time.

v. Because the Hon'ble Court below has totally ignored the well established judicial norms for granting the bail.

w. Because the impugned order is otherwise illegal and bad in law and is liable to be set aside while granting anticipatory bail to the petitioner.

1.  That the petitioner has not filed earlier any other similar special leave petition against the impugned order/judgment of the Hon’ble High Court in this Hon’ble Court.
   

2.  That this petition has been filed bonafide and it is otherwise in the interest of justice to grant special leave as prayed for.
   

PRAYER

      In the facts and circumstances of the case and in the interest of justice, it is most respectfully prayed that your Lordships may graciously be pleased to:-

a) Grant special leave to appeal against the judgment and final order dated 25.9.2013 in S.B. Criminal Misc. Bail Application No. ……………….. of 2013 passed by the Hon’ble High Court of Judicature for Rajasthan at Jodhpur; and

b) May pass such further order (s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.

AND FOR THIS THE PETITIONER SHALL EVERY PRAY.

New Delhi

Dated

Filed by:

      Advocate for the petitioner

  

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (Crl.) No. of 2013

In the matter of:

………………………. PETITIONER

---

THE STATE OF RAJASTHAN RESPONDENT

I, ………………. S/O SH. ……………., AGED ABOUT 58 years R/O …………………………………………,presently at New Delhi, do hereby solemnly affirm and declare as under:

1.      That  I am the petitioner  in the above noted Special Leave Petition  and  am well  acquainted with the facts and circumstances  of the case and am competent  to swear  this affidavit.
   

2.      That the accompanying List of Dates  from page B to    , Special Leave Petition  runs from page to which contains  para 1 to     and Cr. M.Ps. run  from page      to and Annexures from  page  to have been drafted on my instructions and facts stated therein are  true  to my knowledge derived from the records of the case.
   

3.      That the contents  of  the Special Leave Petition  has been read over to me in Hindi  and I understood  the same.
   

4.      That   annexures  to the Special Leave Petition   are true  copies  of  their respective originals. That  nothing is false and no material has been concealed therefrom.
   

DEPONENT

      Verified at Delhi on this ___ day of October, 2013 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therein.

DEPONENT

  

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (Crl.) No. of 2013

In the matter of:

…………………… PETITIONER

---

THE STATE OF RAJASTHAN RESPONDENT

CERTIFICATE

Certified that the Special Leave Petition is confined only to the pleadings before the court whose order is challenged and the document relied upon in those proceedings. No additional facts, documents or ground have been taken or relied upon in the Special Leave Petition. It is further certified that the copies of the documents/annexures attached to the Special Leave Petition are necessary to answer the questions of law raised in the petition or to make out grounds urged in the special leave petition for the consideration of the Hon’ble Court. This certificate is given on the basis of the instructions given by the petitioner authorized by the petitioner whose affidavit is filed in support of the SLP.

New Delhi

Dated

Filed by:

      Advocate for the petitioner

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRI. M.P. NO. OF 2013

IN

SPECIAL LEAVE PETITION (Crl.) No. of 2013

In the matter of:

…………………… PETITIONER

---

THE STATE OF RAJASTHAN RESPONDENT

AN APPLICATION UNDER ORDER XLVII OF THE SUPREME COURT FOR EX-PARTE-AD-INTERIM STAY OF ARREST

To,

      The Hon’ble Chief Justice of India and his

      Companion Justices of the Supreme Court

      of India at New Delhi.

The Humble application of the

above-named petitioner.

Most Respectfully Showeth as under:

1.      That the present petition has been filed under Article 136 of the Constitution of India seeking Special Leave to appeal arising against the judgment and final order dated 25.9.2013 in S.B. Criminal Misc. Bail Application No. …………. of 2013 passed by the Hon’ble High Court of Judicature for Rajasthan at Jodhpur, wherein the Hon’ble High Court dismissed the anticipatory bail application of the petitioner.
   

2.      That the petitioner has set out the facts and circumstances of the case in  the accompanying special  leave petition which  is not repeated  here for the sake of brevity. The petitioner crave leave of this Hon’ble Court to refer  to and rely  upon  the same  for disposal of the present application.
   

3.      That the petitioner is ready and willing to co-operate  in the investigation  and abide by terms and conditions as laid down  by this Hon'ble Court. There  is not likelihood  of jumping  out the bail or tempering with the witnesses.
   

4.      That  the petitioner has prime-facie strong case and will suffer  irreparable loss  and injuries  if the ad-interim ex-parte  stay of arrest  is not being granted  to the petitioner pending disposal  of the present Special Leave Petition.
   

5.      That  this application is being  made bonafide  and in the interest of justice.
   

PRAYER

      In the facts and circumstances of the case and in the interest of justice, it is most respectfully prayed that your Lordships may graciously be pleased to:-

a) grant ex-parte ad-interim stay of arrest pending disposal of the present Special Leave Petition

b) pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.

AND FOR THIS THE PETITIONER SHALL EVERY PRAY.

New Delhi

Dated.

Filed by:

      Advocate for the petitioner

  

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRI. M.P. NO. OF 2013

IN

SPECIAL LEAVE PETITION (Crl.) No. of 2013

In the matter of:

……………… PETITIONER

---

THE STATE OF RAJASTHAN RESPONDENT

In the matter of: An application for exemption from filing official English Translation.

To,

      The Hon’ble Chief Justice of India and His

      Companion Justices of the Supreme Court

      Of India at New Delhi.

The Humble petition of the

above-named petitioner.

Most Respectfully Showeth as under:

1.   That the present petition has been filed under Article 136 of the Constitution of India seeking Special Leave to appeal arising against the judgment and final order dated 25.9.2013 in S.B. Criminal Misc. Bail Application No. ……………… of 2013 passed by the Hon’ble High Court of Judicature for Rajasthan at Jodhpur, wherein the Hon’ble High Court dismissed the anticipatory bail application of the petitioner.
   

2.   That the petitioner has set out the facts and circumstances  of the case in  the accompanying special  leave petition which  is not repeated  here for the sake of brevity. The petitioner  crave leave of this Hon’ble Court  to refer  to and rely  upon  the same  for disposal  of the present application.
   

3.   That in view  of  urgency  the petitioner have not filed  the official English translation of the Annexure P-1 to P-3, and is filing  the true English translation of the same and crave leave of this Hon’ble Court  to refer  to and rely  upon the same for disposal  of the present Special Leave Petition.
   

4.   That it would be in the interest of justice  that the petitioner  may be exempted  to file  official English Translation of the above mentioned documents.
   

PRAYER

      In the facts and circumstances of the case and in the interest of justice, it is most respectfully prayed that your Lordships may graciously be pleased to:-

a) Exempt the petitioner from filing officials English translations of Annexure P-1 to P-3 and may further be pleased to refer to and rely upon the true English translation of the same for disposal of the present special leave petition; and

b) pass such further order or orders as this Hon’ble Court may deem fir and proper in the facts and circumstances of this case.

AND FOR THIS THE PETITIONER SHALL EVERY PRAY.

New Delhi

Dated.

Filed by:

      Advocate for the petitioner

  

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRI. M.P. NO. OF 2013

IN

SPECIAL LEAVE PETITION (Crl.) No. of 2013

In the matter of:

……………….. PETITIONER

---

THE STATE OF RAJASTHAN RESPONDENT

In the matter of: An application under order XLVII of Supreme Court for exemption from filing Certified copy of the Annexures.

To,

      The Hon’ble Chief Justice of India and His

      Companion Justices of the Supreme Court

      Of India at New Delhi.

The Humble petition of the

above-named petitioner.

Most Respectfully Showeth as under:

1.      That the present petition has been filed under Article 136 of the Constitution of India seeking Special Leave to appeal arising against the judgment and final order dated 25.9.2013 in S.B. Criminal Misc. Bail Application No. ……………. of 2013 passed by the Hon’ble High Court of Judicature for Rajasthan at Jodhpur, wherein the Hon’ble High Court dismissed the anticipatory bail application of the petitioner.
   

2.      That the petitioner has set out the facts and circumstances of the case in  the accompanying special  leave petition which  is not repeated  here for the sake of brevity. The petitioner crave leave of this Hon’ble Court  to refer  to and rely  upon  the same  for disposal  of the present application.
   

3.      That in view of  urgency  of the matter the petitioner has not filed  the certified copy of the Annexures and is filing the true typed copy of the same  and  crave the leave of this Hon'ble Court to refer to and rely upon the same for disposal of the present Special Leave Petition.
   

4.       That the petitioner has prime-facie  strong case  and will suffer irreparable  loss and injuries  if  he is not exempted from filing the certified copy of the annexures and the true typed copy of the same is  not relied upon for disposal of the Special Leave Petition. 
   

PRAYER

      In the facts and circumstances of the case and in the interest of justice, it is most respectfully prayed that your Lordships may graciously be pleased to:-

a) exempt the petitioner from filing the certified copy of the Annexures;

b) pass such further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.

AND FOR THIS THE PETITIONER SHALL EVERY PRAY.

New Delhi

Dated.

Filed by:

      Advocate for the petitioner

  

BEFORE THE ADDITIONAL DISTRICT SESSIONS JUDGE, NAGO,

CRIMINAL MISC. BAIL APPLICATION No. 251/2013

PRESIDING OFFICER:……………………, RHJS

……………………..

S/O SH. …………………

R/O ……………………….. ..APPLICANT

THE STATE OF RAJASTHAN ..NON APPLICANT

APPLICATION U/S 438 Cr.P.C

PRESENT: 1. Sh. ……………., Advocate, applicant

      2. Sh……………….., Advocate for

Complainant

      3. …………………….., Addl. P.P. for the

      State

Order Dated 5.7.2013

1.   Applicant had moved an application u/s 438 Cr.P.C. for seeking the anticipatory bail in FIR bearing No. xxxxx/2013 u/s 406/498-A IPC.
   

2.   According to the prosecution story, the Complainant  has filed a complaint under the alleged section against accused person………….., …………., ………………..,…………..,  before the Subordinate Magistrate and the Complainant in her complaint had stated that her marriage was solemnized with………… on dd.mm.yyyy in which the father of the Complainant  had given the dowry according to his capacity  but after the marriage, the aforesaid accused persons had started causing harassment to the Complainant  on account of dowry demands and have thrown out  the Complainant  on 11.7.2011 from the house. The complaint u/s 156 (3) Cr.P.C. was sent to Women Police Station, Nagaur for the purpose  of investigation where investigation was commenced by the woman police station Nagaur in FIR bearing No. xxxxx/13 and the applicant  having the apprehension of arrest have presented the present application for anticipatory bail.
   

3.   The Ld. Counsel for the applicant had given the submission that they are innocent and they have been falsely transplanted and they are ready and willing to give all kind of cooperation in joining the investigation, therefore, application for anticipatory bail should be accepted.
   

4.   On the other hands, Ld. Additional Public Prosecutor  and the Complainant   and the Ld. Counsel for the applicant had given the submissions that the applicant is named accused in the FIR  against which there is allegations of harassment of dowry demands, therefore, bail application should be rejected. 
   

5.   We have heard the arguments of both the sides  and given the thoughtful consideration to the same and also perused the case diary and according to the case diary it is revealed that the recovery is yet to be effected from the applicant and the  applicant is named accused who is father-in-law of the Complainant, therefore, it cannot be stated that he has been falsely implicated in the case, therefore, keeping in view the entirety of the facts and circumstances of the case, application for anticipatory bail is not deserves for acceptance.
   

ORDER

1.   Therefore, application for ………………… u/s 438 Cr.P.C.  is hereby dismissed.
   

Sd/-

………………….,

Order dated dd.mm.yyyy was dictated

in the open court

(TRUE TRANSLATED COPY)

  

S.B. CRIMINAL MISC. BAIL APPLICATION No.xxxx/2013

Date of order : 15.07.2013

Hon’ble Ms. Justice …………………..,

Mr. ……………., counsel for the Petitioner

Mr…………………, counsel for the State

Mr. ………………., Sr. Counsel with

Mr. ……………….., counsel for Complainant

Learned counsel for the Complainant while opposing the bail submitted that no recovery has been affected till date and all the dowry articles are still under the custody of the Petitioner and his family members.

   The Petitioner is directed to appear before the investigating officer on 22.7.2013. The dowry articles as mentioned in the FIR will be handed over to the investigating officer, who shall handover the same to the Complainant. Thereafter, list of those articles which could not be received be placed before the court. The Petitioner shall not be arrested till next date of hearing.

      Learned counsel for the Petitioner will also seek instruction with respect to the final settlement of the dispute.

      Put up on dd.mm.yyyy.

Sd/-

(……………..), J.

S.B. CRIMINAL MISC. BAIL APPLICATION No.5136/2013

(NATHU RAM VS. THE STATE OF RAJASTHAN)

  DATE OF ORDER: 25.9.2013

HON’BLE MR. ……………………,

Mr. ………………….., counsel for the Petitioner

Mr. ……………………, Public prosecutor

Mr……………………..,Sr. Counsel assist by

Mr. …………………….,

Mr. ……………………., for the Complainant

Heard and considered the arguments advanced by learned counsel for the parties at the bar, perused the order impugned as well as the case diary.

Learned counsel for the Petitioner submits that the Petitioner does not have any articles of the Complainant.

Having regard to the facts and circumstances, of the case and considering the fact that the recovery of the substantial stridhan i.e. the dowry articles, documents as well as the cash and jewellery of the Complainant which are alleged to have been illegally retained, is yet to be made, this court is not inclined to accept this pre-arrest bail application filed on behalf of the Petitioner.

Accordingly, this bail application is rejected.

Sd/-

(………………..) J.