Criminal Revision u/s 397/401 before High Court

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.

Framing of Revision Application before Sessions Court u/s 397 / 401

Short title

http://thepracticeoflawjalan.blogspot.in/2012/11/short-title.html

Index

http://thepracticeoflawjalan.blogspot.in/2012/11/index.html

Proforma (Roznama)

http://thepracticeoflawjalan.blogspot.in/2012/11/proforma-rozanama.html

Synopsis of the case –

Chronology of events (date wise; and where the time is of relevance, time-wise) that has led to the present situation of grievance. You need to mention in very brief as what has happened on each of relevant dates; i.e. state bare facts, and do not state your “views” on the facts. If you are relying on any document, the substance of the document may be stated herein.

Main points to be urged:

The grounds for the Reliefs prayed may be set out as points to be urged.

Acts (Statutes) and authorities (judgments) relied upon

http://thepracticeoflawjalan.blogspot.in/2012/11/synopsis-acts-auth-relied-upon-and.html

Heading – 

Name and place of the court

Case no.

Full Cause title –

Full Name (Natural person or juristic entity), Age, Adult, Religion followed, Indian Inhabitant, place of residence / place of business / Incorporated / Registered under the ____ Act of the Applicants & respondents.

(If Application is filed by a Power of Attorney Holder or if Applicant is a juristic entity, the Cause title must reflect the name of the Power of Attorney holder or authorized representative).

http://thepracticeoflawjalan.blogspot.in/2012/11/full-title-in-suit-petition-complaint.html

a.       Brief introduction of the parties, i.e. of Applicant & Respondents;

b.      The gist of the grievance of the Applicant

c.       Material and other relevant facts of the case:

d.      If there is any condition to be complied with before filing of the Application, it must be stated that the said condition is complied with, or if it is not complied, stating the reasons for not complying with the same.

e.       Drawing main points to be emphasized upon:

f.       Limitation: The Application must be preferred within 90 days from the date of accrual of cause of action.

g.      A Para narrating facts that this court has jurisdiction to entertain the present Application.

h.      No other Application: A Para stating that the Applicant has not filed any other Application, touching the subject matter of the present Application, in any other Court of law.

i.        Grounds for Reliefs

j.        Reliefs Prayed:

(a)    Section 397(1);

(b)   Section 398

(c)    Sections 386, 389, 390, 391 r/w Section 401(1)

(d)   Section 401(2)(3)(4)(5)

The Applicant and the Advocate of the Complainant (If there is any) shall Sign at the end of the Application, i.e. after Prayer Clause. The Applicant shall sign on the right side of the page and the Advocate shall sign on the left side of the page. (Before Verification clause)

Verification clause: The person Verifying the Application, shall in the Verification Clause, specify, by reference to the numbered paragraphs of the Application, 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. [Section 297(2) of CrPC].

http://thepracticeoflawjalan.blogspot.in/2012/11/verification-clause.html

Vakalatnama

http://thepracticeoflawjalan.blogspot.in/2012/11/vakalatnama.html

Memorandum of Regd address of the Applicant / Advocate on record

http://thepracticeoflawjalan.blogspot.in/2012/11/memo-of-regd-address-of-plaintiff.html

List of Documents relied upon

http://thepracticeoflawjalan.blogspot.in/2012/11/list-of-doc-relied-upon-in-suit.html

Exhibits / documents annexed in the Complaint

Affidavit in support of Application

http://thepracticeoflawjalan.blogspot.in/2012/11/affidavit-in-support-of-petition-plaint.html

Docket

Steps after Institution of Application

1.      Urgent Hearing of Application, if any preferred by the Applicant, for obtaining Ad-Interim Relief, more particularly stated u/s 397(1);

2.      Refusal or grant of Ad-Interim Reliefs by the Court;

3.      Service of copy of Application upon Respondents;

4.      Reply of Respondents, if any;

5.      Oral Arguments before the Court / Submission of Written Arguments;

6.      Order.

Substantive law

http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-revisional-jurisdiction-of-hc-and.html

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