IN THE HIGH COURT OF JUDICATURE AT ……………..
Crl.M.P. No. ……….. of 20……
In
Crl. A.No. ……….. of 20…….
Between :
A.B. … Petitioner
And
C.D. … Respondents
Affidavit of the petitioner
I, Mr…………………………………………………….., Principal, r/o. …………………………….…… do hereby solemnly affirm state as follows.
1. I submit that I filed a complaint before the Additional …………………………… Magistrates Court, ……………….. dist., which is numbered as ……………………………….……….. The complaint was filed for the offences U/S. …………………………. and ………….. of I.P.C. on …………………
3. I submit that unfortunately the learned Magistrate acquitted the accused U/S. ……………………………. Cr.P.C. on the ground that I was not present on ………………………………. when the case was called.
4. I submit that the Bar Association of ………………………………. dist. boycotted the Courts from ………………. to …………….., and as such my advocate did not ask me to attend the Court or informed the date of hearing. I am herewith enclosing the resolution of the Bar Association for kind perusal, to establish my absence on that date is neither deliberate nor wanton. Subsequently, my advocate advised me to file fresh complaint which I did so on, dt. ………………………..………, but the Hon’ble Magistrate dismissed, the complaint on, dt. ……………………….………. holding that the earlier acquittal on the same set of facts stands as res judicata and dismissed my complaint. I crave leave that the Memorandum of grounds may be read as part and parcel of this affidavit. I submit that the case was not acquittal on merits and as such 2nd complaint lies. I further submit that there was a delay in filling the appeal as my advocate thought that the 2nd complaint lies and he did file …………………………….. complaint, which was dismissed erroneously. Hence, there is a delay of …………………………………. days in filing the present appeal.
4. It is therefore prayed that this Hon’ble Court may be pleased to condone the delay of ………. days in presenting the appeal. Otherwise, I will suffer irreparable loss and hardship.
Deponent
Before me
Solemnly affirmed at ……………. on this
the …………. day of ………… and signed
Advocate………….
CRIMINAL MISC. PETITION U/S. 5 of the Limitation Act
IN THE HIGH COURT OF JUDICATURE AT ………………..
Crl.MP. No. ……….. of ………..
In
Crl. A. No. ………. of ………….
Between :
A.B. …. Petitioner
And
C.D. … Respondents
For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to condone the delay of (………………….………..) days in presenting the appeal against the order of acquittal of the accused in ………………………. on the file of the ………………… Magistrate, ………………. District, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.
Place :
Date :
Advocate for petitioner