Application u/s 258 CrPC

A broad approach to drafting of any Application / Petition / Complaint may be undertaken in three chronological “Heads” –

1.      Reliefs prayed for / claimed;

2.      Grounds for Reliefs prayed for / claimed; (both factual and legal);

3.      Narration of facts substantiating the said grounds.

Further, there may be narration of such facts in the   beginning of the draft, which would lay foundation for “material facts of the case”.

Grounds for Reliefs prayed for / claimed implies (a) the essence / conclusion of material facts; and (b) other legal provisions which supports the reliefs prayed for / claimed.

BEFORE THE Ld. METROPOLITAN MAGISTRATES COURT

AT ________MUMBAI

C.C. No. ________/ 2015

______________________                                        ..Complainant

Versus

___________________                                              ..Accused                   

MISC. APPLICATION U/S 258 OF CrPC, 1973

MAY IT PLEASE YOUR HONOUR

Accused submit as under –

1.      The Accused submits that ________

2.      The Accused further states that whereas the Prosecution have led evidences against the Accused herein, there is nothing could be find from the evidences which were led, from which it can be inferred that Accused has committed any offence; and there is not an iota of evidence on record against the Accused to suggest his involvement in the alleged offence u/s _____.

3.      The Accused further states that therefore, the Accused may be acquitted, on the grounds of “no offence is made out” against the accused.

4.      The Accused therefore, most respectfully, pray that –

(a) These Accused be acquitted of the charge;

(b) Any other relief as this Hon’ble Court deems fit having regard to facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANTS IN DUTY BOUND SHALL EVER PRAY.

Dated this _____ day of _____ 2015

Advocates for the Accused

Substantive law

http://thepracticeoflawjalan.blogspot.in/2015/02/section-258-power-to-stop-proceedings.html

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or

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