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Format For Quashing Petition

 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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