Criminal miscellaneous petition under
Section 407 of the Criminal Procedure Code
IN THE HIGH COURT OF JUDICATURE OF ………………
AT …………………
Crl. M.P. No. ………. of …………..
Between
A.B. … Petitioner
And
C.D. … Respondent
Affidavit of the petitioner
I, Mr…………………………………..…………………………….……., an adult Indian inhabitant, and
residing at………………………………………………………..…………, do hereby solemnly affirm and state as follows
1. I submit that I was married to the respondent as per Hindu rites and customs on ……………… in …………………………………. The Marriage was conducted with the blessings of the parents of both parties, friends and relatives.
2. I submit that from the very first day of our Marriage the respondent refused to have sexual intercourse with the petitioner on the ground that she was suffering from abdominal pain. The petitioner offered to take the respondent to the doctor for which she refused.
3. The petitioner further submits that due to the defiant attitude of the respondent herein there were small misunderstandings between the petitioner and the respondent on ………………………….. The petitioner’s Aunt one ……………………………… successfully managed to take the respondent to the doctor and found that the respondent was pregnant and referred the case to…………………………. for scanning. After the scanning it was found that the respondent was carrying and in ……………..……… month of pregnancy i.e., about ………………………… weeks.
4. I further submit that the marriage between me and the respondent took place on ……………………….. and when I heard that the respondent was pregnant by …………………………….. months on ………… i.e., ………………………………..……………….. I had reasonable cause to come to the conclusion that she had sexual intercourses with a third person prior to marriage. Further, the marriage was an arranged one and the petitioner and the respondent had no chance of meeting each other, since the respondent was residing at …………… at ……………… and the petitioner at …………….
5. I further submit that I was dejected and disappointed of the prevailing circumstances as any other husband would be under the circumstances and was mentally upset. The Respondent fully aware of the facts requested my aunt …………….. not to tell this to any one in the family and left from ……………. on ……………… to her father’s residence at …………………………………. in ……………. and subsequently did not return.
6. I further submit that meanwhile my entire family came to know of this facts and I filed on petition for the annulment under section 12 (1) (d) of the Hindu Marriage Act, in O.P. No……………………….. of ……………………………………… on the file of the Subordinate Court at ……………………….……….. and the same still pending. The Respondent had also filed a counter stating that the petitioner had deserted her and was responsible for her pregnancy. The petitioner was also threatened by her father and brothers of the respondent with dire consequences.
7. I further submit that, the Respondent has now filed an application under Section 125 of the Cr.P.C. for maintenance before the Judicial Magistrate, ……………………………………..…. in M.C. No. ………………………..……. of ……………. and the petitioner was issued a notice to appear on ……………………………. I also submit that I have been getting anonymous phone calls saying that I will be taken to task at …………………………………………………….……. when I attend the case on ……………..
8. I further submit that the Respondent and her brothers with a view to cause physical danger to me have filed this M.C. No. ………………………………………… of ………………….…… and in the event of my presence at ……………..……………. I apprehend danger to my life and limb. If the Respondent really wants to obtain maintenance from the petitioner she could very well have filed an application under Section 18 of Hindu Adoption and Maintenance Act in O.P. No. ………………………….. of ………….………… on the file of the Sub-Judge at …………. The motive of filing the application for maintenance in the …………………………… Court itself shows that it has been done with ulterior motive to cause physical harms to the petitioner.
9. I further state that in the event of my presence at …………………………… I apprehend physical harm to me and I would not be in a position to defend the case effectively, due to the mental and physical torture to which I will be subjected to by the Respondent herein and her family members.
10. I therefore submit that I have no other remedy except to invoke the Jurisdiction of this Hon’ble Court under Section 407 of Cr.P.C. to transfer the case in M.C. No. …………………… of ……………..…. on the file of the Judicial Magistrate, ……………………….……… to any other Court in ……………………………………….
11. It is therefore prayed that this Hon’ble Court may be pleased to transfer the case in M.C. No. ………. of ………………………………..………. on the file of the Judicial Magistrate at ……………………………… to any other Court ………………………………… and thus render justice.
12. For the above stated reasons that this Hon’ble Court may be pleased to dispense with the appearance of the petitioner before the Judicial Magistrate at …………………………. in M.C. No………….. …………. of …………… and thus render justice.
13. For the above stated reasons that this Hon’ble Court may be pleased to stay all further proceedings in M.C. No. ………… of …………….. on ………………. on the file of the Judicial Magistrate at ………………… pending disposal of this Criminal Original Petition and thus render justice.
Solemnly affirmed at …………………
on this …………….. day of………….. 20……
Deponent
Before me
Advocate……………
CRIMINAL MISCELLANEOUS PETITION UNDER
SECTION 407 OF THE CRIMINAL PROCEDURE CODE
IN THE HIGH COURT OF JUDICATURE OF ………………
AT …………………
Crl. M.P. No. .……. of …………….
Between:
A.B. … Petitioner
And
C.D. … Respondent
For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to transfer the Case in M.C. No. ……………………….. of …………………….. 20…………………… on the file of the Judicial Magistrate at …………………., to the family Court in ……………. and thus render Justice.
Dated at ………………. this ……… day of …………….
Sd/-
Advocate for Petitioner/Petitioner
MEMORANDUM OF CRIMINAL PETITION
(Under Section 482 of Cr.P.C)
IN THE HIGH COURT OF JUDICATURE OF ………………
AT ……………..
Crl.P.No. ……….. of 20……
In
M.C. No. ……… of 20…….
Between :
A.B. … Petitioner
And
C.D. … Respondent
The address for service of all notices, summons, and processes on the above named petitioners are that of their counsel M/s. ……………………
The Sub-Inspector of Police, ……………………………….(Station) by his report dated …………………….. is said to have informed the .………………………………….……….. respondent that there is likelihood of breach of peace and to initiate proceedings under Section 145 of Cr.P.C. and the …………………………… respondent in turn had caused a notice to the petitioner herein and also to the respondent ………………………….. and ……………. to appear before him on …………………..……… and had adjourned the same to ………………………………. The said causing of notice by the respondent on the basis of the report of the 1st respondent is illegal, unsustainable, without jurisdiction and is liable to be quashed for the following reasons stated infra.
GROUNDS
1. The ..……………………………………….. respondent is totally unjustified in making a report under Section 145 of Cr.P.C. at the instance of the ………………………….…… and ………………………….. though in fact there was no breach of peace and likelihood of breach of peace at the subject matter of a dispute.
2. The petitioner in fact filed a suit O.S. No. ………………………………. on the file of District …….………. and obtained injunction regarding his ………………….., set in Survey No. ……………. of …………………, Village of ……………. in I.A. No. …………… dated ………… and had also obtained police aid in ………….. against the respondent …………….
3. Respondent …………… should not have initiated the proceedings under Section 145 of Cr. P.C. especially, in the light of the order of suspension granted in I.A. No. ……….. in O.S. No. ……….. on the file of the …………. District ………………. in favour of the petitioners.
4. The respondent ………………. has no jurisdiction to initiate such proceedings circumventing the interim injunction granted by a competent Civil Court which prima-facie establishes the separate and exclusive possession of the petitioner with regard to the disputed property.
5. And all other grounds which will be raised at the time of making the final submissions.
Under these circumstances it is just and necessary in the interests of Justice, that this Hon’ble Court may be pleased to quash the proceedings in M.C.No. ……… of ………….. on the file of the ……………… respondent and to stay all further proceedings in M.C. No. ……….. of ………………. on the file of the ………………. pending the above Criminal Petition, and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case, as otherwise the petitioners will be put to irreparable loss, hardship, grave suffering, damage and heavy injury and heavy loss.
It is therefore prayed in the interests of Justice, that this Hon’ble Court may be call for the records pertaining to M.C. No. ………. of ………………… on the file of the ..………… respondent, and quash the same as illegal, arbitrary, unsustainable, and without jurisdiction, and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.
Place :
Date :
Advocate for petitioners