APPLICATION FOR REVISION [CD1]
IN THE COURT OF THE SESSIONS JUDGE,
…………………………..
Revision Petition No…………….....of 20…………
…………………………………………………………………………………………..………..Petitioner
versus
……………………………….…….……………………………………………………………. Respondent
of............
May It Please Your Honor,
The humble petition
of the
petitioner above named most respectful
sheweth:
At first in a few paragraphs briefly
describe the case and the decision thereof and then write the following para
before giving grounds.
The petitioner begs to prefer this
petition against the order of the Judicial Magistrate of the…………………………. passed
in Cr. Case No……………………….....of 20......dated …../……./.. 20.....on the following
among other grounds:
Grounds
1. The
order of the lower Court is against law.
2. The
lower Court has erred in stating that no criminal offence is disclosed. The
lower court has erred in stating that it is a matter for the civil court to
decide.
3. The
lower Court ought to have found that from the complaint and the sworn statement
the offence under Sections 403,420 and 384, read with Sec. 109 of the I.P.C.
against the accused have been made out for enquiry.
4. The
lower court ought not have dismissed the complaint under Section 203 of the Cr.
P.C. simply because the accused 1 and 2 happen to be the relations of the
complainant.
5. In
any event criminal offence under Section 403, I.P.C. at least is clearly made
out both from the complaint and sworn statements.
It is, therefore, prayed that the
Hon'ble Court be Pleased to order further inquiry in the above case.
Dated :
Plaintiff / Defendant
Through, Advocate
I,
_________________________, do hereby verify that the contents from paras 1 to
______ 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 …………………. this ______.
Plaintiff / Defendant
IN THE COURT OF THE SESSIONS JUDGE AT
………………………..
Revision
Appn. No......of 20…
A, etc. of......., at present in
……………………………………………….
...........Petitioner (Accused)
versus
....................................................................Respondent
In the matter of a Revision from the
order of conviction and sentence passed under section 324, I.P.C. on (put date
here) by the learned Judicial Magistrate on the first class,…………………………………...
Most respectfully May it Please Your
Honour.
The humble petition
of the
above-named petitioner Most respectfully Sheweth:
1. That the learned Judicial Magistrate
in case No................................. of
20……….convicted the applicant and one B under the above section and
sentenced them for a period of four months R.I. and to pay a fine of Rs.
………………..……….in default to undergo further R.I. for 15 days.
Being aggrieved by the aforesaid order
the petitioner begs to move the Hon'ble Court in its Revisional Jurisdiction of
the following among other grounds:
Grounds
(a)
That the
order of
the lower
Court is against law.
(b)
That the learned Magistrate erred in
believing the P.W. Nos. 1 and 3 who are relations and/are friends of the
complainants, and as such were intersted witnesses.
(c)
That the learned Magistrate was wrong in
disbelieving the two respectable and independent witnesses examined on behalf
of the defence.
(d)
That the learned Magistrate has erred in not
complying with the mandatory provisions of Section 313 of the Cr. P.C. whereby
an opportunity to explain away the circumstances appearing against them was
refused.
(e)
That the learned Magistrate has not
maintained a full record of the evidenceand hence certain admissions by the
prosecution witnesses given in their cross-examinations are not available.
2. The petitioner prays that Your Honour
may be graciously pleased to call for the record of the case and issue a rule
upon the said Magistrate, and upon the opposite party to show cause why the
aforesaid order complained against should not be vacated, and to release the
petitioner on bail pending the disposal of this revision application.
And for this act of kindness your
petitioner, as in duty bound,
shall ever
pray.
Dated :
Plaintiff / Defendant
Through, Advocate
Verification:
I,
________________, do hereby verify that the contents from paras 1 to ______ 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 ………………………….. this ______.
Plaintiff / Defendant
IN THE
HIGH COURT
Criminal Revisional Jurisdiction
Criminal Application No.........of
20......
In the matter of the order of the
Session Judge, ----------------------------, sentencing the opponent to one
month's R.I, and a fine of rs. ………….. in case No. ……../P of 20......
State
of ………………………………………………………………….. at the instance
of the District Superintendent of
Police, ………….. ........Petitioner
versus
………………………….
aged ……………………..,
Residing
at …………………………………………………….. ......Opponent
The humble petition of Your Lordship's
petitioner above-named. Most Respectfully ……………….. …………
1.
The above-named opponent was arrested in
Coimbatore on a charge under sections 307 and 326, i.P.C. for an attempt to
murder and causing grievous hurt by dangerous weapon. He was prosecuted and
tried in the Court of the Session in case No. …………………..…./P of 20…………….....of
that Court and the learned Sessions Judge was pleased to convict the accused
and sentence him to one month's rigorous imprisonment and to pay a fine of
Rs………………………………………
2.
While passing the final order of sentence
after convicting the opponent, the learned Judge remarked that he was pleased
to take a lenient view of the offence taking into consideration the youth of
the opponent.
3.
The learned Judge therefore passed a lenient
sentence of one month's R.I. and a fine of Rs. …………… on the opponent though the
maximum sentence under Sections 307 and 326,1.P.C. is imprisonment for life, or
for 10 years. Though the prosecution prayed for deterrent punishment on the
ground that the injuries caused were of a very serious nature and that the
injuries were caused by a dangerous weapon during a communal riot. The learned
Judge turned down the prayer of the prosecution for a deterrent punishment and
showed leniency to the opponent by passing the order of sentence as stated
above. Hereto annexed and marked annexure ' is th copy of the said order and
judgment.
4.
Being aggrieved by the said order, the
petitioner prefers this application for enhancement of sentence passed on the
opponent by the learned Judge on the following amongst other grounds:
(a) That
the injuries caused by the opponent (accused) were several and of a very
serious nature;
(b) That
the injuries were caused by a dangerous weapon, i.e., a dagger which was
possessed and carried by the accused when the possession and carrying of
weapons was banned by the order of the
District Magistrate,
-----------------------;
(c) That
the opponent (accused) is a member of a gang of rioters habitually engaged in
communal orgy and riots and has made an attempt to murder by causing grievous
hurt to the complainant intentionally in the furtherance and prosecution of the
common object of a riotous mob.
(d) That
the punishment for the offences is life or ten year's imprisonment and
fine.
5. In these circumstances Your
Lordships' humble petitioner prays that Your Lordships may graciously be
pleased:
(1)
to enhance the sentence passed on the
opponent by the learned sessions Judge in case No. …………../P of 20......of his
Court; and
(2)
to pass such other and further orders as Your
Lordships may deem just, fit and proper in the circumstances of the case.
And for this act of kindness Your
Lordships' Petitioner shall, as in duty bound, ever pray.
………………………
This.......th
day of……………..l, 20…....... Government Pleader.
I, (full name) Deputy Superintendent of
Police, …………………., do hereby solemnly declare that what is stated above is true
to the best of my knowledge, belief and information.
Sd/-
Dy.
Superintendent of Police , ……………………
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