LAW SCHOOL BHU, VARANASI

PROJECT WORK

LBH-126 DRAFTING, PLEADING AND

CONVEYANCING

2ND SEMESTER

SUBMITTED BY: SUBMITTED TO:

NEELESH SAHU Dr. A.K. BARNAWAL

20225LLB226 FACULTY OF LAW BHU
L.L.B (HONS)
SECTION B

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 ACKNOWLEDGEMENT

The attitude of the people close to me is what made this assignment successful. I
therefore acknowledge their faith, trust, loyalty and honesty.

Secondly, I thank a person who made this assignment success. Your earlier
experience and strong scientific approach and personality contributed greatly to the
outcomes of this assignment. My gratitude goes to the professors and friends for their
support, guidance, conversation and theoretical discussion. Thank you Dr. A.K.
BARNAWAL for your sincere interest in the topic of research and for allowing me
to ask you any question at any time and allowed me to approach to this approach my
way and provided me with necessary guidance and support. Thank you for your
comment and for your support throughout the assignment. I thank everyone for their
supervision at the last stage of this assignment. Several friends have assisted me. I
thank those who welcome me for their help. Friends and family at home have further
more contributed to this assignment.

Last but not least, I thank Dr. A.K. BARNAWAL for acknowledging this work.

NEELESH SAHU

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 INDEX

Civil
Plaint
Written Statement
Interlocutory Application
Original Petition
Execution Petition
Memorandum of Appeal
Revision Petition
Writ Petition under Article 226
Writ petition under Article 32
Criminal
Complaint
Criminal Miscellaneous Petition
Bail Application
Anticipatory Bail Application
Criminal Appeal
Revision Petition

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 CIVIL PLEADING

(PLAINT )
IN THE COURT OF CIVIL JUDGE JUNIOR DIVISION, PUNE

Civil Suit No. ............ of 2021

Sh. Srinivasa Yadav,

S/o. Lt. Ramaih Aged 38 Years,

R/o House No. 56,

Sector 120, Pune

.......Plaintiff

Versus

Sh. Janaran Naidu,

S/o. Krishniah,Aged 45 Years,

R/o House No.87,

Sector 117, Pune

.......Defendant

PLAINT FILED ON BEHALF OF PLAINTIFF AGAINST AGENT FOR DELIVERY OF ACCOUNT

The plaintiff above named begs to submit as follows:

1. That under a registered general power of attorney executed on 2-3-2016 Lt. Ramaih, father of the plaintiff,
appointed Sh. Janaran Naidu , the defendant, as his authorised agent to collect rents of his houses property situated
in Pune.

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2. That the defendant started collection of rents from the month of April 2021 and has been doing so till this date.
3. That the Plaintiff’s father died in the month of may 2016 leaving behind the Plaintiff, his only heir.
4. That the particulars and full details of the collection made by the defendant are not known to the Plaintiff up to this
time. The defendant has not rendered any account of money received by him in behalf of father of the plaintiff.
5. That the plaintiff requested the defendant several times to deliver up to date the accounts but he certainly failed to
do so deliberately.
6. That the cause of action arose on June 15 2016 and further on June 23 2016 when the plaintiff demanded up to date
accounts from the defendant and defendant refused to do so.

7. That the parties reside within the local jurisdiction of this court and the court is
competent to try the same.
8. That the value of the suit for the purposes of court fees and jurisdiction is Rs. 4000 and
requisite court fee being paid of the same.

PRAYER

It is therefore, humbly prayed that the honourable court may be pleaded to pass a judgement and decree against the
defendant and in favour of the plaintiff:

1. Directing the Defendant to submit a full and complete account of the amount realised by the defendant on behalf of
the plaintiff.
2. Pass a decree for the payment of rent collected by the defendant on behalf of the plaintiff.
3. Awarding the plaintiff the cost of the suit in favour of the plaintiff.
4. Such other and further relief as the court may deem fit and proper.

Date: XXXX 2021 XX

Place: Pune Plaintiff

Counsel for Plaintiff

VERIFICATION

I, plaintiff declare that the contents of para1 to 8 of this plaint are true to my personal knowledge. The Plaint and
the verification has been verified by me on 20 January 2021 within the compound of Civil Court, Pune.

Date: XXXX 2021 XX

Place: Pune Plaintiff

XXXX

Counsel for Plaintiff

AFFIDAVIT
In the Notary Public, Pune
Affidavit No…….of 2021
In
Civil Suit No……of 2021

Sh. Srinivasa Yadav,

S/o. Lt. Ramaih Aged 38 Years,

R/o House No. 56,Sector 12Pune

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 .......Plaintiff

Versus

Sh. Janaran Naidu,

S/o. Krishniah,Aged 45 Years,

R/o House No.87,

Sector 117, Pune

.......Defendant

I Sh. Srinivasa Yadav,S/o. Lt. Ramaih Aged 38 Years, R/o House No. 56, Sector 120, Pune ,Hindu, Indian do
hereby solemnly affirm and declare as under:-

1. That I am plaintiff in above mentioned case.

2. That the plaintiff is fully acquainted with the facts and circumstances of the case.
3.That the Performa attached with the application contains the true fact.
4. That the statements made above are true and nothing has been concealed.

DEPONENT

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 WRITTEN STATEMENT

IN THE COURT OF CIVIL JUDGE JUNIOR

DIVISION, PUNE
Civil Suit No. ... Of 2021

Sh. Srinivasa Yadav,

S/o. Lt. Ramaih Aged 38 Years,

R/o House No. 56,

Sector 120, Pune

.......Plaintiff

Versus

Sh. Sh. Janaran Naidu,

S/o. Krishniah,Aged 45 Years,

R/o House No.87,

Sector 117, Pune

.......Defendant

Written statement on behalf of Janram Naidu,defendant above named

MOST RESPETFULLY SHOWETH:

1. That the content of para 1 of the plaint are denied.

2. That the contents of Para 2 and Para 3 of the plaint are not admitted.
3. That the contents of Para 4 of the plaint are not admitted.
4. That the contents of Para 5 of the plaint are denied.
5. That the contents of Para 6 and Para 8 of the plaint need no reply.
6. That the money and as when received by the defendant was delivered to the plaintiff.
7. That the defendant used to give details of accounts every month to the plaintiff and the plaintiff used to sign on the
account book.
8. That the claim of the plaintiff is false and fabricated and no amount is due on the defendant.

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9. That the suit of the plaintiff may be dismissed with special cost to the defendant.

PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may be pleased:
(i) To dismiss the present suit with special court;
(ii) To make such other order as this Hon’ble court may deem fit.

Date: XXXX 2021 XX

Place: Pune Defendant
XXXX
Counsel for Defendant

VERIFICATION.

That the contents of Para 1 to 9 of this written statement are true of my personal knowledge. This has been verified
on this 30th January of 2021 within the court compound of Pune.

Date: XXXX 2021 XX

Place: Pune Defendant

XXXX

Counsel for Defendant

AFFIDAVIT

In the Notary Public, Pune

Affidavit No………of 2021

In

Civil Suit No… ......... of 2021

Sh. Srinivasa Yadav,

S/o. Lt. Ramaih Aged 38 Years,

R/o House No. 56,

Sector 120, Pune ................................................................................................. Plaintiff

Versus

Sh. Janaran Naidu,

S/o. Krishniah,Aged 45 Years,

R/o House No.87,

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 Sector 117, Pune .................................................................................................. Defendant

I, Janaram Naidu S/o. Krishniah,Aged 45 Years,R/o House No.87, Sector 117, Pune,Hindu, Indian do hereby
affirm and declare the following:

1. That I am Defendant in the above mentioned case.

2. That the defendant is fully acquainted with the fact and circumstances of the case.
3. That the Performa attached with the application contains the true fact.
4. That the statements made above are true and nothing has been concealed.

DEPONENT

(Interlocutory application for attachment of property before judgement)

(Order 38 Rule 5 of CPC)

IN THE COURT OF CIVIL JUDGE, SENIOR JUDGE, AT PUNE

Application No 708/2021
In
Suit No 336/2015

Ram Shankar, S/o Pratap Shankar,

R/o Tarapur, Pune ........................................................................ Petitioner(Plaintiff)

Versus

Vibishan Singh, S/o Sardar Singh

R/o Rampur, Pune ............................................................................ Respondent(Defendant)

Application for attachment of property before judgement.

(Order 38, Rule 5 of CPC)
Sir,
The applicant respectfully states as under:
1. That the plaintiff suit is pending in the Hon'ble court for suit for recovery of Rs. 10 lacs against the defendant. The
defendant has received summons for the same.
2. That the defendant has given the advertisement in the newspaper for sale of his agricultural land.
3. That the defendant has no other property therefore suit of the plaintiff will fail.

PRAYER

It is therefore prayed to pass an order for conditional attachment of the defendant’s property. Details are given in
Annexure 2.

Place- Pune X

Date-12/01/2021 Petitioner

XXXX

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 Counsel for petitioner

AFFIDAVIT

IN THE COURT OF CIVIL JUDGE, SENIOR JUDGE, AT PUNE

Application No 708/2021
In
Suit No 336/2015

Ram Shankar, S/o Pratap Shankar,

R/o Tarapur, Pune ........................................................................ Petitioner(Plaintiff)

Versus

Vibishan Singh, S/o Sardar Singh

R/o Rampur, Pune ............................................................................ Respondent(Defendant)

I, Ram Shankar,S/o. Pratap Shankar, R/o. Tarapur,Pune,Indian do hereby affirm and declare the following:

1. That I am Petitioner in the above mentioned case.

2. That the plaintiff is fully acquainted with the fact and circumstances of the case.
3. That the Performa attached with the application contains the true fact.
4. That the statements made above are true and nothing has been concealed.

DEPONENT

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 (ORIGINAL PETITION)

IN THE COURT OF LEARNED DISTRICT JUDGE, JAUNPUR

H.M.A. Petition No. ..... 2021

IN THE MATTER OF

Mrs Neha Singh,

W/o Nikhil Singh, aged 27

R/o Siddiqpur, Jaunpur ....................................................................... Petitioner

And

Nikhil Singh,

S/o Dushyant Singh, aged 32

R/o Siddiqpur, Jaunpur ............................................................................ Respondent

Petition above named under Section 10 of the Hindu Marriage Act 1955 for a decree of Judicial Seperation:

Most respectfully Showeth

1. The petitioner submits that she is legally married wife of the respondent. This marriage was celebrated in the year
2013 at Jaunpur. At the time of marriage the petitioner's parents gave 25 tolas of gold and Rs. 2,00,000/- in cash as
dowry to the respondent. The marriage was consummated immediately.
2. The petitioner submits that, she is the legally married wife of the respondent. Their submits that respondent has
started his nursing home at Ambrosia colony and gained good reputation and were happy for 2 years i.e., since
2015 his life started to have ups and downs.
3. The petitioner submits that the respondent slowly cultivated the bad habits and became share to alcohol and used to
have ephedrine etc. So have slowly began to lose his sexual potency and attach become a total impotent. When he
has been taken to Fortis Hospital, Pune, the doctors have concluded that he lost his potency because of excessive
narcotic drugs and alcohol. The respondent became frustrated in his life. He gave up his practice slowly the
petitioner sold her jewels to maintain the family. Her parents also helped to some extent.
4. The petitioner submits that because of inferiority complex the respondent started to suspect the character of the
petitioner. He used to abuse her with vulgar and filthy words that, she had illegal connections with others. He used
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 to abuse her even, if beggar stands in front of the house, as the beggar is awaiting for her. She tolerate all these
mental torture added to this the respondent used to put cigarettes on her breast thighs and other private parts and
burn them. He enjoys her screaming. Sometimes he gagged her mouth with cloth and subject her to physical
cruelty.
5. The petitioner further submits that on 10.02.2015 he made her naked put the blade on her left breast and applied
chillies powder on the wound she cried loudly apprehending danger and her neighbour and her mother-in-law came
there and saved her from the clutches of the respondent than on 11.02.2015 she came away to her parents house.
She apprehends danger to her parents house also. She apprehends danger to her life in the hands of the respondent
and it is impossible for her to live with such sadistic husband. Hence the petition for Judicial separation has been
filed.
6. The cause of action for this petition for Judicial Separation arose on 01.02.2013 the date of marriage and also
10.02.2015 when she frightened of her life ran away to her parents house continues de divindum with the
jurisdiction of this honourable court
7. The petitioner submits that no similar petitioner has been filled so far before any court.

PRAYER

In the view of the aforesaid facts and circumstance it is most respectfully prayed that this Hon’ble Court may be
pleased to

1. Pass a decree of judicial separation in favour of the petitioner and against the respondent.
2. Order the respondent to pay the costs of the petition to the petitioner
3. Pass any other order which the court seems fit in the interest of justice.

Date: 10/10/2021 XX

Place: Jaunpur Petitioner

XXXX

Counsel for Petitioner

VERIFICATION

Verified at Jaunpur on this 10th day of October 2021 that the contents of the aforesaid petition from para 1 to 7 are
true and correct to my knowledge and believed to be true. Last para is the prayer to this Hon’ble Court

Date-10/10/2021 X

Place-Jaunpur Petitioner

XXXX
Counsel for Petitioner

AFFIDAVIT

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 IN THE LEARNED DISTRICT JUDGE,JAUNPUR

AFFIDAVIT No. ..... of 2021

In

Petition No. ..... 2021

Mrs Neha Singh,

W/o Nikhil Singh, aged 27

R/o Siddiqpur, Jaunpur ....................................................................... Petitioner

Versus

Nikhil Singh,

S/o Dushyant Singh, aged 32

R/o Siddiqpur, Jaunpur ............................................................................ Respondent

I, Neha Singh above mentioned petitioner state as follows on solemn affirmation as under:

1. That I say that I was married to respondent on February 19 2013 at Jaunpur according to traditional Hindu rites
2015. I had cohabited with the respondent at Varanasi but had no issue.
2. That I say that after February 2015 that the respondent started abusing and had inflicted cruelty towards me.
3. That I say that I have therefore prayed for a judicial separation of said marriage in said petition.
4. That I therefore submit that this notice of motion made absolute with costs.

Date:XXXX2021 DEPONENT

Place: Jaunpur

(EXECUTION PETITION)

IN THE COURT OF CIVIL JUDGE, JUNIOR DIVISION, VARANASI

Execution Application No. ...... 2018

In the matter of Suit No. ..... 2021

Pitambaram,

S/o. Shiva Lal, aged about 49

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 R/o 1017, Civil Lines, Varanasi ............................................................................. Plaintiff

Versus

Chanakaya,

S/o. Venaraman, aged about 45

R/o 8/230, Lanka, Varanasi ................................................................................. Defendant

An application under Rule 11 of Order XXI of CPC

The plaintiff decree holder named above most respectfully submits that he was plaintiff in Suit No.... 2021 precise
description of which as follows:

1. That the defendant was a tenant of B- 8/230 Kubernagar colony of which plaintiff is the owner.
2. That on 13-07-2016 the plaintiff gave the notice of eviction to the respondant dur to urgent and bonafide need.
3. That the respondent did not take the notice in proper manner and refused to evict the house, as well as refused to
pay the monthly rent.
4. That the plaintiff had filed a suit for the eviction of the defendant and also from the recovery of the arrears of rent
on 15-04-2016.
5. That the matter has been finally decided plaintiff's favour and no appeal has been preferred till date.
6. That it is therefore the decreetal amount set forth in proforma attached herein paid to the plaintiff.
Details of Decree
1. Number of Suit ................................................................ 2021
2. Name Of Parties
(a) Pitambaram,S/o.Shiva Lal, aged about 49
R/o 1017, Civil Lines, Varanasi

(b) Chanakaya, S/o. venaraman, aged about 45

R/o 8/230, Lanka, Varanasi

3. Date of Decree 18/11/2016

4. Whether appeal preferred against No
5. Any part of decreetal amount or adjustment set off
None
6. Previous Application if any None
7. Amount with interest due upon (a)Possession of house B-decree or other relief
8/230 lanka (b) 17500
8. Against whom to be executed against defendant
9. Mode in which the assistance of (a) by deliver of possession the court is required
B-8/230 lanka, Varanasi
(b) By recovery of
decreetal retail
amount by
attachment

Description of Property to be attached

Property Amount
1. Motorcycle Rs 30000
2. Refrigerator Rs 9000
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3. Cooler Rs 3000
4. Furniture Rs 22000
5. Television Rs 13000
Rs 77000

VERIFICATION

I, X the above named plaintiff do hereby verify that what is stated and estimated in above table is true to best of my
knowledge belief and information. Nothing has been concealed therein.

Date- 13/3/2018 X

Place- Varanasi Plaintiff/ Decree Holder

XXX

Counsel for Plaintiff

AFFIDAVIT

IN THE COURT OF CIVIL JUDGE, JUNIOR DIVISION, VARANASI

Execution Application No. ...... 2018

In the matter of Suit No. ..... 2021

Pitambaram,

S/o. Shiva Lal, aged about 49

R/o 1017, Civil Lines, Varanasi ............................................................................. Plaintiff

Versus

Chanakaya,

S/o. venaraman, aged about 45

R/o 8/230, Lanka, Varanasi ................................................................................. Defendant

The plaintiff decree holder do hereby affirms as follows:

1. That the plaintiff decree holder is the applicant in present execution application.
2. That the plaintiff is fully acquainted with the fact and circumstances of the case.
3. That the proforma attached with the application contains the true fact.
4. That the statement made above are true and nothing has been concealed.

Date- 13/3/2018

Place- Varanasi DEPONENT

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 (MEMORANDUM OF APPEAL)

(Under Section 96, CPC)

IN THE HIGH COURT OF UTTAR PRADESH AT ALLAHABAD

(Civil Appellate Jurisdiction)

Civil Appeal No. .... / 2021

Shankar Singh, S/o. Dharpure

R/o.123, A B Road, Varanasi, UP
......................................... Plaintiff/Appellant

Versus

Shivkant Shukla, S/o.Sradar Singh

R/o. 456, A B Road, Varanasi, UP
.........................................Defendant/Respondent

(Appeal against judgement and decree passed by District Judge , Varanasi on 10/10/2021 in Suit No 1234 of 2021)
To,
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The Honourable Chief Justice

And the other Judges of the

Honourable Court.

The aforementioned plaintiff-appellant appeals against the judgement and decree of the Court of District Judge,
at Allahabad, passed in Original Suit No 1234 of 2021 between A. B s/o B. C vs M.N s/o O. P., dated 10/10/2021,
and sets forth the following grounds of objection to the decree appealed from :-

Value of the suit:

Value of appeal:
Court Fee Paid:

(1) That the orders passed by the Learned Lower Court are contrary to the provisions of law and the principles of
natural justice.

(2) That the findings arrived by the Learned Lower Court are not supported by the evidence on record.

(3) That the Learned Lower Court committed an error in holding that the house premises are not required by the
plaintiff/appellant for his personal bonafide occupation.

(4) That the copy of the Judgment and the Decree against which this appeal has been preferred is attached along
with.

(5) That the Learned Lower Court has having answered the first issue in the negative decided the rest of the issues
against the appellant, which itself is improper and illegal.

(6) That the necessary court fee is paid herewith.

PRAYER

That the appellant, therefore, prays that for the reasons stated above and as may be argued at the time of hearing,
the record and proceedings be called for, this appeal be allowed, the orders under appeal be set aside and quashed,
and orders deemed just and proper be kindly passed. Further that the cost of this petition be awarded in favour of
plaintiff-appellant.

Any other order which may be deemed fit in the interest of justice may be passed in favour of the appellant.

Place: Varanasi (Signature of the Plaintiff Appellant)

Date: 4-10-2021

( Advocate for Plaintiff-Appellant)

VERIFICATION

I, Shankar Singh , do hereby verify that the contents from para 1 to 5 are correct and true to the best of my
knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed
at Varanasi this 4th Day of September 2021.

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Date: 4-10-2021 (Signature)

Place: Varanasi Plaintiff-Appellant

Counsel for Plaintiff

( REVISION PETITION)

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

Civil Revision Application No. ..... 2021

Bhulan Singh, S/o. Pulwamna Singh

aged 58 years
R/o Sunderpur, Varanasi ....................................................................... Applicant/Defendant
Versus
Gulab Singh, S/o Birendar Singh
aged 50 years
R/o Lahartara, Varanasi ......................................................................................... Opponent/Plaintiff

Respected Sir/Madam,

The petitioner above mentioned submits this petition for revision u/Sec 115 C.P.C. against the
decree of the District Judge of Chittor, dated 25/7/2021,passed in Suit No. 315 of 2010 valued at Rs. 50,000/-.

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 To,

The Honourable Chief Justice

And the other Judges of the

Honourable Court.

The applicant named above humbly submits:

1) That the opponent had instituted a suit bearing No 117of 2010 in the court of Civil judge, Senior Division, Varanasi
for recovery of Rs. 50000. On the ground of a promissory note said to be due on the applicant after selling
opponents shop at Lanka hat Varanasi road.
2) That the applicant submits that he had already paid Rs 750000 to the opponent as a cost of the shop and no cost was
due with regard to the said shop.
3) That the court decreed the said suit in the opponent on 28-04-2015 and ordered the applicant to pay the amount of
the decree to the opponent.
4) That the applicant being aggrieved by the said decree and judgement prefers this application on the following
ground:
a) That the decree and judgement passed by the learned judge is illegal and unjust.
b) That the judgement of the learned judge is erroneous in law that by passing the decree on a promissory note which
was not stamped.
c) That the learned judge erred in holding that the promissory note was executed by the applicant.
d) That the handwriting expert was not called inspite of the repeated request for the applicant.
e) That the learned judge erred in not appreciating the evidence of the applicant and his witnesses.
f) The in doing so, the learned judge in the exercise of the jurisdiction has acted with illegality and a material
irregularity.
g) That the said judgement is against justice, equity and good conscience and therefore not substance in the court.
h) That in the aforesaid circumstances the applicant submits that the Hon'ble court be pleased to call for the records of
the trying court and revise its judgement and decree in the interest of justice.

PRAYER
Therefore, the applicant prays that this Hon’ble Court will call for the record of the case and set aside the said
decree of the district Judge and restore that of the Munsif and award him cost in all courts.

Any other order which may be deemed fit in the interest of justice may be passed on favour of the petitioner.

Date: 5/12/2021 X
Place: Varanasi Applicant
XXXX
Counsel for Applicant

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 (WRIT OF HABEAS CORPUS UNDER ARTICLE 226)

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

Writ Petition No....... 2021

In the Matter of:

Pidamaram Chetan, S/o. Venketaish, aged 40

R/o 16/850, GB Colony Varanasi,
District Varanasi
A detenue at present in Sigra Police Station.
And
In the Matter of Article 226 of the Indian Constitution and Article 22(2) of the Constitution
Yogesh Dutt, S/o Virendra Dutt, aged about 38,
Occupation- Business
R/o B16/380; GB Colony Varanasi ........................................................................ Petitioner
Versus

a) State of U.P.
b) Deputy Superintendent Of Police, Varanasi.
c) Station House Officer, Sigra, Varanasi .
.........Respondent

Writ Petition under Article 226 of the Constitution of India

To,

The Honourable Chief Justice

And the other Judges of the

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 Honourable Court.

The petitioner named above humbly submits:

1. That the petitioner is the businessman carrying his business at Sigra and he is a cousin of the above named detenue.
2. That the above named detenue on 03-03-2021 exchanged some hot words with his neighbour Mr Z.
3. That on 4-03-2021 the police came and arrested the detenue at about 12:30 PM on the assurance that after
investigation the detenue would be released.
4. That on 05-03-2016 at about 7:00pm when the petitioner went to police for making inquiry about his brother, the
police arrested abused him and told to go back
5. That the detenue has neither been released nor produced before the magistrate within 24 hrs after making the arrest.
6. That the violation of the provision of Article 22(2) of the Constitution of India is made by above named respondent.
7. That the arrest made by the police in collusion with the detenue neighbour Mr Z.
8. That the detenue is a loyal peaceful peace loving and law abiding citizen and not connected in any way in criminal
activity in his whole life.

PRAYER

In the light of aforesaid circumstances the petitioner humbly and respectfully prays that your Lordships may
graciously pleased:

1. That to order the detenue to be brought before the Hon'ble Court for being dealt with according to law.
2. That to declare the detention illegal unjust, unfair, unconstitutional.
3. That to order the detenue be set at liberty.

Counsel for Petitioner

AFFIDAVIT

IN THE HIGH COURT OFJUDICATURE AT ALLAHABAD CIVIL JUDGE

Execution Application No. ...... 2018

In the matter of Suit No. ..... 2021

Pidamaram Chetan, S/o. Venketaish, aged 40

R/o 16/850, GB Colony Varanasi,
District Varanasi
A detenue at present in Sigra Police Station.
And
In the Matter of Article 226 of the Indian Constitution and Article 22(2) of the Constitution
Yogesh Dutt, S/o Virendra Dutt, aged about 38,
Occupation- Business
R/o B16/380; GB Colony Varanasi ........................................................................ Petitioner
Versus

a) State of U.P.
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b) Deputy Superintendent Of Police, Varanasi.
c) Station House Officer, Sigra, Varanasi .
.........Respondent
...

The Pettitoner do hereby affirms as follows:

1. That the plaintiff decree holder is the applicant in present execution application.
2. That the plaintiff is fully acquainted with the fact and circumstances of the case.
3. That the proforma attached with the application contains the true fact.
4. That the statement made above are true and nothing has been concealed.

Date- 13/3/2018

Place- Varanasi DEPONENT

WRIT PETITION UNDER ARTICLE 32

IN THE HON’BLE SUPREME COURT OF INDIA

(Original Civil Jurisdiction)

Writ Petition No.......2021

Shivendra Sharma, S/O. Shekar Dutt,Aged 34

R/O, 33/234 Ambrosia, Varanasi.

.............Petitioner

Versus

1. Collector,Varanasi
2. State of U.P........................................................................................................... Respondents

Petition under Article 32 of the Constitution for the issue of a writ of mandamus.

To,

The Hon’ble the Chief Justice and his companion Judges of the Hon’ble Supreme Court of India,the above named
Petitioner begs to submit as under:

1. That the Petitioner is the owner of a plot of land numbered 22 in Cantonment at Varanasi detailed in Annexure
‘‘A’’ to this petition.

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2. That on 22/12/2016 a notification under Section 4 of the Land Acquisition Act, 1894, was published that certain
land including the Petitioner’s aforesaid plot was needed for a public purpose.

3. That the Petitioner filed objections to the proposed acquisition of his plot under Section 5-A of the Act.

4. That the objections filed by the petitioner were heard by the Collector on 01/01/2021 and thereafter he submitted
his report with recommendations to the State Government.

5. That the State Government accepted the report and recommendations of the Collector and rejected the objections
filed by the petitioner.

6. That 13/01/2021 the State Government made the declaration under Section 6 of the Act.

7. That on 15/01/2021 the Petitioner received a notice under Section 9 of the Act, to state his claim to compensation
for his plot which was under acquisition.

8. That on 16/01/2021 the Petitioner filed his claim to compensation claiming Rs 20 lacs as compensation for the
acquisition of his plot.

9. That on 21/01/2021 the Collector gave his award determining a sum of only Rs 4 lacs as compensation for the
Petitioner’s plot.

10. That the award was filed in the Collector’s Office and notice of the same was given to the Petitioner.

11. That the compensation awarded by the Collector for the Petitioner’s plot was grossly inadequate and the
Petitioner did not accept it. On 24/01/2021 the Petitioner made an application under Section 18 of the Act to the
Collector requesting that the matter be referred for determination to the District Judge.

12. That though under Section 18 the Collector was bound to refer the matter of compensation to the District Judge
he has declined to do so.

PRAYER

It is, therefore, most respectfully prayed that a writ, direction or order in the nature of mandamus be issued to
Respondent No. 1 directing him to refer the matter of compensation for the Petitioner’s plot for determination to
the District Judge.

Date: 30/01/2021 Petitioner’s Signature

Place: Varanasi

Councel for Petitioner

AFFIDAVIT

IN THE HON’BLE SUPREME COURT OF INDIA

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 (Original Civil Jurisdiction)

Writ Petition No...... 2021

Shivendra Sharma, S/O. Shekar Dutt,Aged 34

R/O, 33/234 Ambrosia, Varanasi.

.............Petitioner

Versus

1. Collector,Varanasi
2. State of U.P........................................................................................................... Respondents

The Petitoner do hereby affirms as follows:

5. That the plaintiff decree holder is the applicant in present execution application.
6. That the plaintiff is fully acquainted with the fact and circumstances of the case.
7. That the proforma attached with the application contains the true fact.
8. That the statement made above are true and nothing has been concealed.

Date- 13/3/2018

Place- Varanasi DEPONENT

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 CRIMINAL PLEADING
(Complaint)

IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, VARANASI

Criminal Case No 13 of 2021

Vikash, S/o Suresh

aged 55 years,

Occupation- Business,

R/o B/252 A.K.P Nagwa, Varanasi.

..........Complainant

Versus

Vibdra,S/o sunadar Singh

aged 60 years

Occupation- Business,

R/o B 1/181 Assi, Varanasi.

.............Accused

Offence under section u/s 454/323/504 of Indian Penal Code

May it please your honour, the complainant above named begs to state on solemn affirmation as follows:

1. That the complainant is permanently residing in A.K.P Nagar, Varanasi and he is a peace loving person.
2. That on date 12-12-2021 about 11 PM the accused person came to the house of the complainant with lathi and
danda and entered in the house of the complainant and began to beat the complainant by lathi and Danda as such
the complainant received the serious injuries in his body.
3. That the information of the alleged occurrence was given to the concerned Police Station at A.K.P Nagar Varanasi
but the police did not lodge the FIR against the accuse persons.
4. That the complainant went to the Sunder Lal Hospital at BHU, Lanka Varanasi on 13-12-2021 at about 8:00 AM
and got examined by the doctor on the duty in emergency room who prepared the medical report. The injury report
is annexed herewith this complaint.
5. That after that the complainant sent an application to the SSP by the registered post regarding the aforesaid
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 occurrence, but still no step has been taken by the police concerned against the accused person. The aforesaid
application and receipt of the post office are annexed herewith this complaint.
6. That the complainant is moving the aforesaid complaint before your honour's court.
7. That the place of occurrence is within your territorial jurisdiction for taking cognizance of the aforesaid offence.
8. That in the interest of justice and humanity summon the accused person in your honour's court and penalize him.

PRAYER

It is therefore, prayed that the hon'ble court may be kind enough to take the cognizance of alleged occurrence and
the accused persons be penalized accordingly and oblige.

Date: 14/12/2021 X

Place: Varanasi Complainant

XXXXX
Counsel for Complainant

AFFIDAVIT

IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, VARANASI

Criminal Case No 13 of 2021

Vikash, S/o Suresh

aged 55 years,

Occupation- Business,

R/o B/252 A.K.P Nagwa, Varanasi.

..........Complainant

Versus

Vibdra,S/o sunadar Singh

aged 60 years

Occupation- Business,

R/o B 1/181 Assi, Varanasi.

.............Accused

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 The Complainant do hereby affirms as follows:

1. That the Complainant decree holder is the applicant in present execution application.
2. That the Complainant is fully acquainted with the fact and circumstances of the case.
3. That the proforma attached with the application contains the true fact.
4. That the statement made above are true and nothing has been concealed.

Date- 13/3/2018

Place- Varanasi DEPONENT

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 (CRIMINAL MISCELLANEOUS PETITION)

IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE AT VARANASI

Criminal Misc. Petition No. ...... of 2021

Sunita Verma, D/o Pukar Verma

aged 30 years,

R/o Lanka, at Varanasi

……..Petitioner

Versus

Surender Verma, S/o Kalesh Verma

ages 35 years

, R/o Seergate, at Varanasi.

.......Respondent

Petition filed on behalf of the Petitioner U/Sec 128 Cr. P.C

(1) That the petitioner submits that he filed the above M.C. for grant of separate maintenance on 31.12.2016 against
the respondent seeking a sum of Rs. 500 per month to be awarded.

(2) That the Honourable Court, after due contest, by order dated 06.01.2021 granted maintenance to the petitioner
directing the respondent to pay a sum of Rs. 400 per month to the petitioner from 01.01.2021 and keep praying in
future.

(3) That the petitioner submits that, the respondent has not paid any maintenance so far, and these disobeyed the order
of this honourable court.

(4) That the petitioner further submits that the arrears of maintenance from 01.01.2016 to 31.03.2021 to Rs. 6000/-

PRAYER
It is therefore must humbly prayed that in the light of aforesaid circumstances the hon'ble court may be pleased to
adjudge hold and declare
(1) That the petition is maintainable u/s128 of crpc.
(2) That to pass the order to pay the maintenance with arrears.
(3) That to pass any other order which the hon'ble court may think fit for the end of justice.

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 Date: 2/04/2021 X

Place: Varanasi Petitioner

Advocate for Petitioner

VERIFICATION

I Sunita Verma, the petitioner, to hereby declare that the facts stated above or true and correct to the facts stated
above or true and correct to the best of my knowledge information and belief.

Date: 2/04/2021 X

Place: Varanasi Petitioner’s Signature

XXXXXXX

Advocate for petitioner

AFFIDAVIT

IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE AT VARANASI

Criminal Misc. Petition No. ...... of 2021

Sunita Verma, D/o Pukar Verma

aged 30 years,

R/o Lanka, at Varanasi

……..Petitioner

Versus

Surender Verma, S/o Kalesh Verma

ages 35 years

, R/o Seergate, at Varanasi.

.......Respondent

The Complainant do hereby affirms as follows:

1. That the Complainant decree holder is the applicant in present execution application.
2. That the Complainant is fully acquainted with the fact and circumstances of the case.
3. That the proforma attached with the application contains the true fact.
4. That the statement made above are true and nothing has been concealed.

DEPONENT

AIL APPLICATION

IN THE COURT OF JUDICIAL MAGISTRATE, IST CLASS, VARANASI

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 Criminal Case No. ..... of 2021

State of U.P....................................................................................................... Applicant

Versus

Avinash, S/o. Srendra Singh

Aged 32,

R/o. Lanka , Varansi

.......Respondent

FIR No. : Dated Police Station: Bhelupur

Offence Under Sections: 323 and 325 of IPC

Application for Bail Under Section 437 of CrPC

Sir,

It is most Respectfully Showeth:

1. That the applicant is facing trial before this Hon'ble Court in case titled as State of U.P vs Avinash for the offence
under Sections 323 and 325 of IPC.
2. That this Hon'ble court was pleased to issue a Warrant and the Police has accordingly arrested the
accused/applicant.
3. That the applicant was not at all involved in the crime alleged in the said case.
4. That the applicant is a permanent resident of Varanasi and earning livelihood by working as a fruit vendor in
trains.
5. The applicant has his old parents dependent upon him and the applicant is the only bread earner for the family.
6. That by getting the accused/applicant arrested the accused has been deprived of his valuable fundamental right of
liberty by abuse of powers and process of law by the complainant.
7. That the applicant is willing to furnish surety and bail bonds to the satisfaction of this learned court in case he is
ordered to be released on bail.
8. That the applicant will abide by all the conditions as imposed by this Honourable Court.

PRAYER

It is, therefore, most respectfully prayed that this application for bail may kindly be allowed in the interest of justice
and the applicant be released on bail upon such conditions as this Honorable Court may deem fit.

Date: XXXX 2021

Place: Varanasi Applicant’s Signature

XXXXXXX

Advocate

ADDITIONAL BOND

Under Section 438 of Cr.P.C.

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1) I undertake to make myself available for interrogation by the police officer whenever asked to do so.
2) I undertake not to induce or influence or threaten any of the persons acquainted with the facts of the case so as to
prevent him from disclosing any fact to nay of the courts or police officer.
3) I undertake not to leave India without prior permission of the court.
4)I undertake to abide by the terms and conditions of the bail order.
5)I undertake to present myself before the court whwnwever asked to do so.

Dated:XXXX DEPONENT

(ANTICIPATROY BAIL APPLICATION)

Under Section 438 of Cr.p.c

IN THE HIGH COURT OF SESSIONS JUDGE, MADRAS

Criminal Case No. ..... of 2012

State of Tamil Nadu

Rep. by its Inspector of Police,
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Police Station,
Guindy, Chennai,

.......Petitioner/Complainat

Versus
Shivendra Shukla, s/o. mahilapur
Aged 34
R/o. B12/2 Lanka, Madras
....Respondent/Accused

PETITION FOR ANTICIPATORY BAIL FILED UNDER SECTION 438 OF Cr.P.C

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated,
concocted and without any basis.

2. That the police has falsely implicated the applicant in the present case, the applicant is a respectable citizen of
the society and is not involved any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any
criminal offence at all.

4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required.

5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case
pending against them.

6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.

7. That the applicant undertakes to present himself before the police/court as and when directed.

8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to
the Court or to any police officer.

9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.

10. That the applicant shall not leave India without the previous permission of the Court.

11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the
police in connection with the case.

PRAYER

It is therefore prayed that the court may direct the release the applicant on bail in the event of his arrest by the
police. Any other order which the court may deem fit and proper in the facts and circumstances of the case may be
also passed in favour of the applicant.

Date: XXXX2012 X
Applicant
Place: Madras XXXXXXXX
Counsel for Applicant

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 CRIMINAL APPEAL

IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE AT VARANASI

CRIMINAL APPEAL NO: 101 OF 2021

Avinash Singh,S/o. Abinav Singh

Aged 25 years
R/o. Lanka, Varanasi …..Appellant
Versus

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Shlok Gupta, S/o. Virendra Gupta
Aged 32 years
R/o. Sigra, Varanasi …..Accused

For the following among grounds the Appellant here in begs to prefer this appeal against the judgement dated
………………….. of judicial Magistrate, F.C., Varanasi in criminal case No: 101 of 2021, convicting the appellant
U/Sec 411 I.P.C and sentencing him to U/go, 6 months R.I. and to pay a fine of Rs. 300/-
GROUNDS
1. That the conviction is bad in law.
2. That the Judgement of the lower court offends Sec. 367 of the Cr.P.C.
3. That the learned magistrate should have inferred from the conduct of your petitioner deposed to by the
investigating officer, that he was absolutely straight forward in his dealings. The conduct of your petitioner as has
been deposited to by P.Ws. No. 52 and 4 would hardly be consistent with his guilty knowledge.
4. That the learned Magistrate should have taken into accent the representation made to him by the alleged thief.
5. That the learned Magistrate should have bellered that the articles were purchased bonafide for proper market
price and inferred from that the absence of any guilty knowledge of your petitioner.
6. That the articles sold were common articles of everyday use to be found in possession of people of even modest
means.
7. That the learned Magistrate should have disbelieved the evidence of P.W.s No: 56 and 7 who identified the
parker pen and the Wallet alleged to belong to Sri Anand and should have hold that they were ordinary, common
articles incapable of identification in the absence of any special mark or name.
8. That the learned Magistrate should have believed the defence witnesses who disposed to having seen the articles
sold to the appellant some five months prior to the incident.
9. That the Lower Court ought to have given the benefit of responsible doubt to the appellant and acquitted him.
PRAYER
In the circumstances stated above, the petitioner prays that your honour may be pleased to admit the appeal, call for
the record.
Release your petitioner pending disposal of the appeal on bail and after hearing the case, set aside the order of
conviction and sentence or pass such other order as the ends of Justice may call for and your petitioner, as in duty
bound, shall ever pray.

Date: XX Appellant

Place: Varanasi Counsel for Appellant

REVISION APPLICATION

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

Criminal Revision No..… of 2010
( Application U/Sec. 439, Cr. P.C.)
Mohit Raghuvanshi,S/o.Kamal Raghuvanshi
R/o. Nacharam, Hyderabad
…….. Petitioner/ Complainat
Versus
The State of A.P.
……..…. Respondent/Accused
In the matter of a Revision from the order of conviction passed U/Sec 324, I.P.C. on 30.01.2010 by the learned
presidency magistrate sixth court, Hyderabad.

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To His lordship the Chief Justice and the Puisne Judge of the said honourable court.

THE HUMBLE PETITION OF THE ABOVE NAMED PETITIONER MOST RESPECTFULLY

SHEWETH
That the learned president Magistrate convicted the applicant and one Mukesh Rao under the mentioned section
and sentenced him to undergo Vigorous imprisonment for a period of four month and to pay a five of Rs.100 or in
default to undergo further R.I. for 15 days.
Being aggrieved by the aforesaid order, your petitioner begs to more the honourable court in its Revisional
Jurisdiction on the following.
Grounds
1. That the order of the lower court is against law.
2. That the learned presidency magistrate erect in believing the complaints who were interested witness.
3. That the learned presidency magistrate was wrong in dis-believing the two respectable and independent
witnesses examined on behalf of the defence.
4. The learned magistrate has erred in not complying with the mandatory provisions of the Cr. P.C. whereby an
opportunity to explain away the circumstances appearing against them was refused.
5. The learned magistrate has not maintained a full record of the evidence and hence certain admissions by the
prosecution given in their cross examination are not available.

PRAYER

The petitioner therefore prays that your lordship may be graciously pleased to call for the record of the case and
issue a rule upon the presidency.
Magistrate, sixth court and upon the opposite party to show cause why the aforesaid, order complained of should
not be vacated and to release the petitioner on bail pending the disposal of this revision applications and your
lordships may be pleased to pass such other order or orders as the circumstances of the case demand.
And your petitioner, as in duty bound, shall ever pray.

Date:XXXX2010 x
Petitioner
Place: Hyderabad xxx
Counsel for Petitioner

VERIFICATION

I, Mohit Raghuvanshi do hereby verify that the contents from para 1 to 5 are correct and true to the best of my
knowledge and personal belief and no part of it is false and nothing material has been concealed therein.

Date:XXXX2010 Petitioner

Place: Hyderabad
Counsel for Petitioner

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