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Application u/s 297 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.


IN THE METROPOLITAN MAGISTRATES _____ COURT AT ESPLANADE, MUMBAI

CASE NO. _________ / SS/ 2015

_______________________                               …..Complainant

Versus

________________________                        …….Accused

MISCELLANEOUS APPLICATION U/S 297 OF CrPC, 1973


MAY IT PLEASE YOUR HONOUR

The Accused beg to state as under –

The Complainant hereinabove has filed a Complaint u/s 200 of CrPC.

It is submitted that section 297(2)of CrPC, 1973 expressly mandates that Affidavits shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true; and in the latter case, the deponent shall clearly state the grounds of such belief.

The verification clause in the Complaint is produced in verbatim below –



In the present complaint, after perusal of the Verification clause in the Complaint, it can safely be said that the above Complaint does not comply with aforesaid mandate of section 297(2) of CrPC, 1973.

The Punjab & Haryana High Court in a case (Harjeet Singh versus State of Haryana) before it, observed to say that –

The verification of the affidavit is required to be either on knowledge or on Information and it should show specifically which part of the affidavit is verified on dependents knowledge and which part is verified all deponents information. The whole of the affidavit in this case has been verified on the basis of knowledge and information. Such affidavit cannot be taken into consideration.

Therefore, it is prayed that –

a)      The Complaint be dismissed for want of proper verification; or

b)      The Complainant be directed to cure this defect in his Complaint.



FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

Dated this _____ day of _____ 2015

Advocate for the Accused




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