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IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
FIR NO. xxxx/2021
U/s: 498A/406/34 IPC
P.S.: Xxxx
I N D E X
S.No. PARTICULARS PAGES
1. MEMO
OF PARTIES.
2. REVISION
PETITION UNDER SECTION 438 BNSS (OLD SEC. 397 CR.P.C.) ALONG WITH AFFIDAVIT.
3. LIST OF
DOCUMENTS.
4. APPLICATION
U/S 5 OF LIMITAITON ACT. AFFIDAVIT IN SUPPORT.
5. APPLICATION
FOR STAY. WITH AFFIDAVIT.
6. VAKALTNAMA.
-------------------------------------------------------------------------------------
DELHI REVISIONISTS
THROUGH
DATED
XXXX
XXXX, ADVOCATE
xxxx,
New Delhi-110015
Mob.No.+xxxx
Email: xxxx
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
FIR NO. xxxx/2021
U/s: 498A/406/34
IPC
P.S.: Xxxx
MEMO OF PARTIES
1. SH. XXXX
S/o Xxxx,
2. XXXX
W/o Sh. Xxxx
Both
R/o Xxxx,
Radha
City, Gonardhan Road,
Xxxx.
3. XXXX
W/o
Sh. Xxxx
R/o
Xxxx,
Sector-78,
Faridabad.
4. MSxxxx
D/o
Sh. Xxxx
R/o
Xxxx
Omicron-1,
Greater Noida.
5. SH. XXXX
S/o Sh. Xxxx
6. MRSxxxx
W/o Sh. Xxxx
7. MRxxxx
S/o Sh. Xxxx
8. MR. XXXX
S/o Sh. Xxxx
All
at Sr.No.5-8 R/o House No.25A,
Geeta
Enclave, Xxxx. : REVISIONISTS
VERSUS
1. XXXX
2. MRS. XXXX
W/o Xxxx
D/o Xxxx
R/o Xxxx,
West Xxxx, New Delhi : RESPONDENTS
-------------------------------------------------------------------------------------
DELHI REVISIONISTS
THROUGH
DATED
XXXX
XXXX, ADVOCATE
xxxx,
Mob.No.+xxxx
Email: xxxx
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
1. SH. XXXX
S/o Xxxx,
2. XXXX
W/o Sh. Xxxx
Both
R/o Xxxx,
Xxxx.
3. XXXX
W/o
Sh. Xxxx
R/o
Xxxx,
4. MS xxxx
D/o
Sh. Xxxx
R/o
Xxxx
5. SH. XXXX
S/o Sh. Xxxx
6. MRS xxxx
W/o Sh. Xxxx
7. MR xxxx
S/o Sh. Xxxx
8. MR. XXXX
S/o Sh. Xxxx
All
at Xxxx,
: REVISIONISTS
VERSUS
1. XXXX
2. MRS. XXXX
W/o Xxxx
D/o Xxxx
R/o Xxxx,
:
RESPONDENTS
FIR NO. xxxx/2021
U/s: 498A/406/34
IPC
P.S.: Xxxx
REVISION PETITION UNDER SECTION 438
BNSS (OLD SECTION 397 OF CRPC) AGAINST THE IMPUGNED SUMMONING ORDER DATED 06.09.2024
PASSED BY THE LD. JMFC-02 (MAHILA COURT); PATIALA HOUSE COURTS, XXXXIN FIR
BEARING NO. xxxx/2021 UNDER SECTION 498A/406/34OF I.P.C. WITH P.S. XXXX, DELHI
IN CR. CASE NO.13343/2022 CASE TITLED AS “STATE VS SANJAY SHARMA & ORS.”.
MOST RESPECTFULLY SHOWETH :-
1.
That the Revisionists have been constrained to file present
Revision Petition seeking setting aside the summoning order dated 06.09.2023
passed by the Ld. JMFC-02 (Mahila Court), Patiala House Courts, Xxxxin FIR No.xxxx/2021
U/s 498A/406/34 of IPC with P.S.: Xxxx in Cr.Case No.13343/2022 case titled as
“State Vs Sanjay Sharma & Ors.”, against the revisionists as well as the eliminating
the proceedings thereunder. Hence, the said summoning order dated 06.09.2023 is
impugned herein and is annexed as Annexure
P-1.
2.
That the Petitioner no.1 and 2 are the father-in-law and
mother-in-law of the Respondent no.2/Complainant, the petitioner no.3 and 4 are
the sisters-in-law of the Respondent no.2, the petitioner no.5 and 6 are the Unlce
& Aunt-in-laws of the Respondent no.2 and the petitioner no.7 and 8 are the
children of the Petitioner no.5 and 6. It is submitted that the Petitioner no.3
to 8 are residing separately from the matrimonial home of the Complainant. The
Ld. Trial Court took cognizance of the offence U/s 498A/406/34 of IPC and the
revisionists have been summoned as an accused on basis of FIR / Charge sheet filed
by the prosecutor against the Revisionists.
3.
That though the summoning order is dated 06.09.2023 and now
matter is fixed for 29.08.2024 for service to the petitioners and appearance.
4.
That in the present case the complainant has concealed/
suppressed the material facts and there was no material collected during the
course of investigation against the Revisionists even then Ld. Trial Court issued
summoning order which is impugned in the present petition.
5.
That the brief facts
leading to the present case are as:
A.
That the marriage of Xxxxwas solemnized with the Respondent
No.2/ Complainant on 02.05.2015 at Xxxx. without exchanging any gifts or dowry.
It is submitted that on 23.02.2015 a engagement took place at Bansal Banquet Hall,
Mathura, the expenses of the same as well as expense of marriage was also borne
half by the parents i.e. revisionist no.1 and 2.
B.
After marriage the complainant was not putting anything for
household duties or there was no commitment from her side for having healthy
matrimonial life.
C.
It is submitted that the revisionists were always giving love
and affection to the complainant. Out of the said wedlock a male child was born
on 22.12.2015.
D.
That in the last week of May, 2020 the Complainant with her belonging
/ istridhan / gold jewelery etc. left her matrimonial home without informing her
husband and in laws.
E.
It is submitted that on 14.03.2021 the Complainant and her
family members / associates came to the house of the Petitioner no.5 to 8 at
Mathura on the pretext of settlement, but there they fought, beaten up and
scolded the Petitioner no.5 to 8 by threatening for dire consequences. Resulting
which the Petitioner no.5 lodged an FIR bearing No.146 dated 14.03.2021 under
Section 147/452/504/33/307/506 of IPC registered with Kotwali, Xxxx.
F.
That the Complainant in counter of the said FIR lodged an
complaint dated 24.03.2021 with CAW Cell, Xxxx, Xxxxagainst her husband and Revisionists
herein and same was lodged into the present FIR bearing No.xxxx dated 28.12.2021
under Section 498A/406/34 of IPC registered with P.S. Xxxx, Delhi against the
present Revisionists.
G.
The revisionists were summoned by the officials of the CAW on
the basis of the false complaint lodged by the complainant where each and every
allegation as alleged in the complaint is factually incorrect, false and there
is no evidence to substantiate the same, rather there are enough material to
show that the complaint lodged by the complainant is blunted, false and the
complaint has been lodged in order to harass the revisionists.
H.
During the CAW counseling sessions, it was clear that
complainant was never interested in maintaining her matrimonial life.
I.
It is further submitted that investigation has been completed
in the said FIR and charge sheet has been filed against the husband of the
Complainant i.e. Sanjay Sharma and all the Petitioners kept in Column No.12 of
the Charge Sheet.
J.
It is further submitted that Ld. Trial Court on 06.09.2023 by
taking cognizance issued summons against the Petitioners which is impugned
herein. Hence, the present Revision.
6.
That it is the humble submission of the revisionists that the
case of the complainant is based on hypothetical presumptions and further on
untenable facts with regard to the revisionist and without considering the
facts the Ld. Trial Court ordered against the revisionists which are liable to
be set aside on the grounds hereunder:-
GROUNDS:-
I.
Because the Ld. Trial Court has not considered the contents
of the Charge sheet at the stage of issue summon, the Ld. Trial Court has to
apply its judicial mind to determine whether or not there is a ground for
presuming commission of offences by revisionists and since issuing summon
affects a person’s liberty need for proper consideration of material warranting
such order cannot be over emphasized and at this stage before proceeding with
the case the Court must hear both the parties to find out whether the accused
deserves discharge.
II.
Because no case is made out against the revisionist and are falsely
roped in the present case by the complainant and by misrepresenting the Ld.
Trial Court wrongly summoned the revisionists under Section 498A/406/34 of IPC.
III.
Because the Ld. Trial Court has
failed to appreciate the charge sheet has been filed by the IO and kept the
Petitioners in Column No.12 as there is no corroborative evidence or allegation
find out against them as there is no prima facie case is made out against the
Petitioners.
IV.
Because the Ld. Trial Court has gravely erred in law and on facts
by summoning the Petitioners who have been placed in Column No. 12 of the
charge sheet without any material basis.
It is respectfully submitted that the learned Trial Court has acted in an
arbitrary and capricious manner by issuing summons to the Petitioners,
notwithstanding the fact that they were specifically placed in Column No. 12 of
the charge sheet. The placement of the Petitioners in Column No. 12 by the
Investigating Officer (IO) is indicative of the absence of any incriminating
evidence or substantial grounds to connect them with the alleged offences. The
impugned order, therefore, lacks legal foundation and is patently unsustainable
in the eyes of law.
V.
Because the Ld. Trial
Court has failed to exercise judicial discretion and has mechanically taken
cognizance against the Petitioners without duly applying its judicial mind to
the facts and materials on record.
VI.
Because the Ld. Trial
Court, while issuing the summoning order, has grossly neglected the fundamental
principle that taking cognizance of an offence requires careful scrutiny of the
evidence on record. The court has failed to take into account that the IO,
after a detailed investigation, did not find any prima facie case against the
Petitioners, which led to their inclusion in Column No. 12. The impugned order,
thus, suffers from non-application of mind and is vitiated by a lack of
judicial consideration, rendering it liable to be set aside.
VII.
Because the Ld. Trial
Court has disregarded the absence of corroborative evidence or substantial
allegations against the Petitioners, which forms the very basis for their
placement in Column No. 12. The charge sheet filed by the IO categorically
reflects the absence of any corroborative evidence or credible allegations
against the Petitioners, thereby justifying their placement in Column No. 12.
The Ld. Trial Court, however, has summarily disregarded this critical aspect
and has proceeded to issue summons without any legal or factual basis. Such an
order is perverse and has been passed in complete disregard of the material on
record.
VIII.
Because the Ld. Trial
Court’s summoning order is arbitrary and illegal, as it overlooks the fact that
the present FIR No.xxxx/2021 is a counterblast to an FIR lodged by the
Petitioners no.5 to 8 against the complainant on 14.03.2021 shortly before the
filing of the on the CAW Complaint dated 24.03.2021. The Petitioners submit
that the FIR in the present case is a clear counterblast to an earlier FIR
lodged by the Petitioners no.5 against the complainant, which was registered
merely a month prior. The Ld. Trial Court has failed to consider this important
fact, which clearly suggests that the present FIR has been lodged with a
malafide intention to harass the Petitioners. The court’s failure to appreciate
this aspect demonstrates a clear lack of judicial scrutiny and has resulted in
an unjust order that warrants interference by this Hon’ble Court.
IX.
Because the impugned
order of summoning is in contravention of established legal principles, which
dictate that persons placed in Column No. 12 should not be summoned unless
there exists new evidence or substantial grounds to warrant such an action.
It is well-settled law that individuals placed in Column No. 12 of the charge
sheet should not be summoned by the court unless there is fresh evidence or
compelling reasons brought before the court. In the present case, no such
material has been presented, and the learned Trial Court has acted in
contravention of these principles by summoning the Petitioners without any
justification. The impugned order is therefore unsustainable in law and is
liable to be set aside.
X.
Because the Ld. Trial
Court’s order is perverse, arbitrary, and has been passed without proper
application of judicial mind, thereby constituting a gross abuse of the process
of law. The impugned order reflects a clear case of non-application of judicial
mind and has been passed in a mechanical manner, without due consideration of
the facts and circumstances of the case. The Petitioners have been unjustly
dragged into the criminal proceedings despite the lack of any evidence against
them, which amounts to an abuse of the process of law. The learned Trial Court
has failed in its duty to protect innocent individuals from being subjected to
unwarranted criminal prosecution.
XI.
Because the impugned order is liable to be set aside in light
of the authoritative pronouncements of the Hon’ble Supreme Court and various
High Courts, which have consistently held that persons placed in Column No. 12
should not be summoned in the absence of new evidence or substantial grounds.
XII.
Because it has been laid down by the Hon’ble Courts that when there is no material brought on
record to show that the revisionists had conspired in any manner or had played
any role in carrying out demand of dowry.
XIII.
Further there is
total paucity of evidence in the case as to any false representation made by
the Petitioner or any evidence of inducements by the Petitioner to the
complainant at the initial stage.
XIV.
Because from the evidence produced by the complainant, it is
abundantly clear that there was absolutely no materials to show that Petitioner
deceived the complainant or by such deception, intentionally induced her to do
anything which she would not have done, if she was not so deceived. In fact,
the complaint itself did not disclose any ingredients of offence under Section
498A/406 IPC, to justify even issuance of process. The evidence and the
materials brought on record demonstrate that this is a pure case of abuse of
process of the Court. Since no offence has been made out as such summoning
order is liable to be set aside.
XV.
The revisionist has been also summoned under Section 498A of
IPC and a perusal of the Section 498A of IPC suggest which is reproduced
hereunder;-
“498A. Husband
or relative of husband of a woman subjecting her to cruelty.—Whoever, being the
husband or the relative of the husband of a woman, subjects such woman to
cruelty shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine. Explanation.—For the purpose of
this section, “cruelty” means—
(a) any willful conduct
which is of such a nature as is likely to drive the woman to commit suicide or
to cause grave injury or danger to life, limb or health (whether mental or
physical) of the woman; or
(b) harassment of the
woman where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable
security or is on account of failure by her or any person related to her to meet
such demand.”
It is
submitted that the revisionists never ever demanded dowry from the respondent and
in the absence of any demand no case made out and there is nothing on the
record to show to the effect that the revisionist has committed the said act as
envisaged the provision of Section 498A of IPC.
XVI.
Because there is not even a whisper of a willful
conduct of Revisionists of
harassment of the complainant at their hands with a view to coercing her to
meet any unlawful demand by them so as to attract the provisions of Section 498-A of IPC. It is submitted that
provisions of Section 498-A of IPC was introduced with the avowed object
to combat the menace of dowry deaths and harassment to a woman at the hands of
her husband or his relatives. Nevertheless, the provision should not be used as
a device to achieve oblique motives. Having carefully glanced through the
complaint and the evidence led there to it is evident that there is nothing on
record to suggest commission of the offence of 498-A of IPC
XVII. Because the summons must
be carefully scrutinized and the allegation made in the complaint should meet
the basic ingredients of the offence.
XVIII.
It has been held in catena of judgments that an order passed
by the Ld. Trial Court / Magistrate issuing process against the accused can be
quashed;
“(1) Where the allegations made in the complaint
or the statements of the witnesses recorded in support of the same taken at
their face value make out absolutely no case against the accused or the
complaint does not disclose the essential ingredients of an offence which is
alleged against the accused;
(2) Where the allegations made in the complaint
are patently absurd and inherently improbable so that no prudent person can
ever reach a conclusion that there is sufficient ground for proceeding against
the accused;
(3) Where the discretion exercised by the
Magistrate in issuing process is capricious and arbitrary having been based
either on no evidence or on materials which are wholly irrelevant or
inadmissible; and
(4) Where the complaint suffers from
fundamental legal defects, such as, want of sanction, or absence of a complaint
by legally competent authority and the like.”
As held by
Hon’ble Supreme Court in “Pepsi Foods Ltd. Vs Spl. Judicial Magistrate &
Ors; (1998) 5 SCC 749; that for summoning the accused in any criminal case
there should be some material on record and in the present case merely by
saying that revisionist / please check this appears to be wrong of the respondent
will not make accused to face the trial, the relevant para is submitted above
hereinabove.
XIX.
Because the Ld. Trial Court would be in a better position to
appreciate on completion of inquiry and after hearing the respondent, as to
whether any of the revisionists has been unnecessarily arrayed in the list of
accused.
XX.
Because Revision petition is maintainable as issuance of
summons is not an interlocutory order within the meaning of Section 397 of the
code, as held in Dhariwal Tobacco Products Limited & Ors. Versus State of
Maharashtra and Anr. (2009) 2 SCC 370.
XXI.
Because even otherwise whole prosecution initiated by
respondents is liable to be set aside in view of the fact that the impugned
summoning order is based on surmises and conjectures without proper application
of mind when as matter of fact from the perusal of the complaint and evidence
on record, no case is made out against the revisionists.
XXII. Because in the present
case criminal proceedings have been lodged based on half truth, allegations and
innuendoes which would not stand scrunch in a court of law. The present
complaint in question is an abuse of the process of law as the respondent has
filed a complaint in question against the revisionists and the allegations made
therein against the revisionist are patently absurd and are highly
unbelievable.
XXIII.
Because the Ld. Trial Court has failed to appreciate the fact
that whatever submissions were made by the respondent before the Ld. Trial Court
were not true and the allegations made thereafter were just malafide and
frivolous and the Ld. Trial Court has not gone into the merits of the case. It
is further submitted that filing of false and frivolous complaints against the
revisionists are just to harass the revisionists and nothing else.
XXIV.
Because, the complainant is using the present proceeding as
an engine of oppression and for needlessly harassing the revisionists. The
judicial process is being misused and abused by the respondent and the Hon’ble
Court must apply its judicial mind to all the relevant facts and circumstances
of the matter and the material produced by the respondent in support of her
contentions and should stop the abuse of the process and should not allow that
the Trial Court is reduced to a status of an instrument in the hands of respondent
as vendetta to harass the persons needlessly.
XXV. Because the Ld. Trial
Court did not appreciate that the provision of the criminal law requires strict
interpretation and the liberty of a person cannot be jeopardized on mere
surmises or by traveling beyond the specific provisions of the law. Summoning
an accused in a criminal case is not an empty formality. The court issuing
process under Section 204 of Cr.P.C. has to be satisfied on the basis of
complaint, documents and other material on record that there are sufficient
grounds for proceeding against him [Charanjit Singh Vs. D.B. Merchang banking
Services Ltd., 2001 III AC (Delhi) 805]. In a criminal case, it is for the
complainant to allege and make out all the ingredients of the offence before
calling upon the court to proceed against an accused. Only those presumptions
which are permissible under the law are permitted to be raised against an
accused. All other facts are required to be established by the complainant / respondent.
Summoning of an accused in a criminal case is a serious matter. Criminal law
cannot be set into motion as a matter of course. It is not that the respondent
has to bring only two witnesses to support her allegations in the complaint to
have the criminal law set in motion. The order of the Magistrate summoning the
accused must reflect that he has applied his mind to the facts of the case and
the law applicable thereto. He has to examine the nature of allegation made in
the complaint and the evidence, both oral and documentary, in support thereof
and whether that would be sufficient for the respondent to succeed in bringing
home charge to the accused. It is not that the Magistrate is a silent spectator
at the time of recording of preliminary evidence before summoning of the
accused. The Magistrate has to carefully scrutinize the evidence brought on
record and may even himself put questions to the respondent and his witnesses
to elicit answers in order to find out the truthfulness of the allegations or
otherwise and then examine if any offence is prima facie committed by all or
any of the accused as held in Pepsi Foods Ltd. & Anr. Vs. S.J. Magistrate
and Ors. JT 1997 (8) SC 705.
XXVI.
It is further submitted that the facts on which the complainant
is relying upon are not true and correct. The Ld. Trial Court without looking
into the merits of the case has decided to summon the revisionists.
XXVII.
That the Ld. Trial court has failed to appreciate the fact
that it was essential for the complainant to have adduced evidence before the
trial court for summoning the revisionists in appropriate provisions of IPC. The
Ld. Trial Court has failed to follow the due process of law and has committed a
grave error while passing this order based only on the active concealments made
by the respondent therein and the order dated 06.09.2023 suffers from error of
law and grave and irreparable loss would be caused to the revisionists herein.
XXVIII.
Because this is case where respondent has withheld important
documents and contended that the respondent having not come to the Court with
clean hands, are not entitled to any relief. In this regard, reference has been
made to decision in S. P. Chengalvaraya Naidu Vs. Jagannath 1994 1 SSC 1 and
MCD Vs. State of Delhi & Anr. (2005) 4 SCC 605.
XXIX.
Because the Ld. Trial Court has ignoring the fact that it is
a case of cognizable offence or it actually involves civil dispute or not.
Learned Magistrate apparently has not given own observation on this point.
XXX. That the Ld. Trial Court committed
serious illegality in passing the order impugned order against the Revisionists
on the vague and general allegations made by the respondent in respect of the
present Revisionists.
XXXI.
That Ld. Trial Court did not appreciate that there is no
prima facie case against the Revisionists and the prosecution had miserably
failed to place on record any incriminating evidence against the Revisionists
which would be held sufficient to rope the Revisionists within the four corners
of Sections 498A/406/34of IPC. The Ld. Trial Court should not have accepted all
the prosecution states as gospel’s truth in the facts and circumstances of this
case.
XXXII.
That the revisionists respectfully submits that the
respondent (being complainant in the present FIR case) has tried to over reach
the law by her artful maneuverings in
misrepresenting the facts of the case with regard to the revisionist. It is the humble submission of the
revisionists that the FIR is based on hypothetical presumptions and further on
untenable facts with regard to the respondent, therefore, the proceedings
against the revisionists instituted by the complainant by way of the above FIR are
liable to be set aside for the reason which the revisionist submits hereunder.
XXXIII.
That it is respectfully submitted that there is no specific
allegations against the Revisionists and no case under Section 498A/406/34of
IPC have been made out against them even if these allegations are taken to be
true in verbatim.
7.
No illegality has been committed by the Revisionists rather
very illegality has been committed by the complainant in lodging the complaint
against the Revisionists. The complainant does not specifically states that the
Revisionists have committed any offence under Indian Penal Code or otherwise
she is guilty within the provision of Indian Penal Code.
8.
That the Ld. Trial Court failed to appreciate that
Revisionists have been named with malafide intentions by the prosecution.
9.
That it will be against the fundamental principles of legal
systems if an innocent person be implicated in false case in this manner.
10.
That the legal position is well settled that the process of
court cannot be utilized for any oblique purpose and where in the opinion of
the court the chances of an ultimate conviction are bleak and therefore no
useful purpose is likely to be served by allowing a criminal prosecution to
continue, the court may discharge the revisionists, although the same may be at
a preliminary stage.
11.
That there is nothing in the record to connect the present
Revisionists with commission of the alleged offences. The allegations made are
blatantly absurd, inherently improbable that no prudent person can reach a
conclusion that there is sufficient ground for proceeding against the
Revisionists.
12.
That the criminal proceeding is manifestly intended with
malafide and the same has been instituted with an ulterior motive for wreaking
vengeance upon them and with a view to spite them due to private and personal
grudge.
13.
That the Revisionists craves the leave of this Hon’ble Court
to raise such other or further ground that may be available to them at the time
of hearing of the present petition. The Revisionists have caused appearance
before the Ld. Trial Court and charge has been framed against them.
14.
That Revisionists craves leave to alter or amend the petition
with the permission of this Hon’ble Court and by way of the present petition
the Revisionists humbly seeks the indulgence of this Hon’ble Court to pass
appropriate orders for set aside the impugned order arising out of FIR lodged
by the complainant.
P R A Y E R :-
In view of the submissions made above and under the
circumstances, it is, therefore, most humbly prayed that this Hon’ble Court may
kindly be pleased to :-
a) Call for the records of Ld.
JMFC-02 (Mahila Court), Patiala House Courts, Xxxxin FIR No.xxxx/2021 U/s
498A/406/34 of IPC with P.S.: Xxxx in Cr.Case No.13343/2022 case titled as
“State Vs Sanjay Sharma & Ors.”, and
b) Set aside the impugned summoning
order dated 06.09.2023 passed by the Ld. JMFC-02 (Mahila Court), Patiala House Courts,
Xxxxin FIR No.xxxx/2021 U/s 498A/406/34 of IPC with P.S.: Xxxx in Cr.Case
No.13343/2022 case titled as “State Vs Sanjay Sharma & Ors.”, and
c) Eliminating the proceedings
thereunder pending against the revisionists before the Ld. Trial Court of
JMFC-02 (Mahila Court), Patiala House Courts, Xxxxin FIR No.xxxx/2021 U/s
498A/406/34 of IPC with P.S.: Xxxx in Cr.Case No.13343/2022 case titled as
“State Vs Sanjay Sharma & Ors.”,
c) Pass any other or further
orders as this Hon'ble Court may deems fit and proper in the facts and
circumstances of the case and in favour of Revisionists.
It is prayed
accordingly.
DELHI REVISIONISTS
THROUGH
DATED
XXXX
XXXX, ADVOCATE
xxxx,
New Delhi-110015
Mob.No.+xxxx
Email: xxxx
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
FIR NO. xxxx/2021
U/s: 498A/406/34
IPC
P.S.: Xxxx
APPLICATION ON BEHALF OF THE
REVISIONISTS SEEKING FOR STAY OF THE IMPUGNED ORDER AND PROCEEDINGS PENDING
BEFORE THE LD. JMFC-02 (MAHILA COURT); PATIALA HOUSE COURTS, XXXXIN FIR BEARING
NO. xxxx/2021 UNDER SECTION 498A/406/34OF I.P.C. WITH P.S. XXXX, DELHI IN
CR.CASE NO.13343/2022 CASE TITLED AS “STATE VS SANJAY SHARMA & ORS.”.
MOST RESPECTFULLY SHOWETH :-
1.
That the Revisionists have filed the accompanying revision
petition under Section 438 BNSS (Old Section 397 of CrPC) against the impugned summoning
order dated 06.09.2023 passed by the Ld. JMFC-02 (Mahila Court), Patiala House Courts,
Xxxxin FIR No.xxxx/2021 U/s 498A/406/34 of IPC with P.S.: Xxxx in Cr.Case
No.13343/2022 case titled as “State Vs Sanjay Sharma & Ors.”, before this
Hon’ble Court and is pending for disposal. The contents of the same are true to
the knowledge of the Revisionists and are to be read as an integral part of
this application as the same are not being reproduced herein for the sake of
brevity.
2.
That in case the proceedings before the Ld. Trial Court will
not stay, the Revisionists herein shall suffer an irreparable loss and injury
which cannot be compensated in any manner what so ever and the very purpose of
filing the accompanying revision petition shall become infructuous.
3.
That the Revisionists has got a very good prima facie case in
their favor and have every hope to succeed in the same.
4.
That the balance of convenience for the same is also lies in
favor of the Revisionists and against the Respondents.
P R A Y E R :-
In view of the aforesaid facts and circumstances, it is,
therefore, most respectfully prayed that this Hon'ble Court may be gracious
enough to pass an ad interim order whereby the operating of the impugned order
dated 06.09.2023 passed by the Ld. JMFC-02 (Mahila Court), Patiala House Courts,
Xxxxin FIR No.xxxx/2021 U/s 498A/406/34 of IPC with P.S.: Xxxx in Cr. Case
No.13343/2022 case titled as “State Vs Sanjay Sharma & Ors.”, may kindly be
stayed till the final disposal, in the interest of justice.
Pass any other or further
orders as this Hon'ble Court may deems fit and proper in the facts and circumstances
of the case and in favour of Revisionists and in the interest of justice.
It is prayed accordingly.
DELHI REVISIONISTS
THROUGH
DATED
XXXX
XXXX, ADVOCATE
xxxx,
New Delhi-110015
Mob.No.+xxxx
Email: xxxx
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
FIR NO. xxxx/2021
U/s: 498A/406/34
IPC
P.S.: Xxxx
APPLICATION ON BEHALF OF THE
REVISIONISTSUNDER SECTION 5 OF LIMITATION ACT FOR CONDONATION OF DELAY IN
FILING THE PRESENT REVISION PETITION AGAINST IMPUGNED ORDER DATED 06.09.2023
PASSED BY THE LD. JMFC-02 (MAHILA COURT), PATIALA HOUSE COURTS, XXXXIN FIR NO.xxxx/2021
U/S 498A/406/34 OF IPC WITH P.S.: XXXX IN CR.CASE NO.13343/2022 CASE TITLED AS
“STATE VS SANJAY SHARMA & ORS.”.
MOST RESPECTFULLY SHOWETH :-
1.
That the Revisionists have filed the accompanying revision
petition under Section 438 BNSS (Old Section 397 of CrPC) against the impugned summoning
order dated 06.09.2023 passed by the Ld. JMFC-02 (Mahila Court), Patiala House Courts,
Xxxxin FIR No.xxxx/2021 U/s 498A/406/34 of IPC with P.S.: Xxxx in Cr.Case
No.13343/2022 case titled as “State Vs Sanjay Sharma & Ors.”, before this
Hon’ble Court and is pending for disposal. The contents of the same are true to
the knowledge of the Revisionists and are to be read as an integral part of
this application as the same are not being reproduced herein for the sake of
brevity.
2.
It is submitted that the revisionists are permanent resident
of out of Delhi i.e. Mathura and Faridabad U.P. and they come to know the
present proceeding on …….. from …………. due to which the revisionists could file present
revision petition in the absence of supply of charge sheet.
3.
More so over, only on ………, Accused No1 was served with the
copy of charge sheet and on this revision petition has been filed within
limitation i.e. within 90 days from the supply of charge sheet. However, as an
abundant precaution, Revisionists are filling the present revision petition.
4.
That in the above said circumstances, the revisionists seeks
the intervention of this Hon’ble Court to condone the delay and grant
permission not file the revision petition.
5.
That the Revisionists have got a very good prima facie case
in their favor and have every hope to succeed in the same.
6.
That the balance of convenience for the same is also lies in
favor of the Revisionists.
P R A Y E R :-
In view of the aforesaid facts and circumstances, it is,
therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased
to allow the present application and to condone the delay in filing the
revision petition against the impugned order dated 06.09.2023 passed by the Ld.
JMFC-02 (Mahila Court), Patiala House Courts, Xxxxin FIR No.xxxx/2021 U/s
498A/406/34 of IPC with P.S.: Xxxx in Cr.Case No.13343/2022, in the interest of
justice.
Pass any other or further
orders as this Hon'ble Court may deems fit and proper in the facts and
circumstances of the case and in favour of Revisionist.
It is prayed accordingly.
DELHI REVISIONISTS
THROUGH
DATED
XXXX
XXXX, ADVOCATE
xxxx,
New Delhi-110015
Mob.No.+xxxx
Email: xxxx
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Sh. Xxxx, aged about __
years, S/o Xxxx, R/o Xxxx, Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist no.1
in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying Revision Petition under Section 438 BNSS (Old Sec. 397 of Cr.P.C.)
have been read over and explained to me in vernacular language and having
understood the same I say that the facts stated therein are true to the best of
my knowledge and belief and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Sh. Xxxx, aged about __
years, S/o Xxxx, R/o Xxxx, Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.1 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application have been read over and explained to me in vernacular
language and having understood the same I say that the facts stated therein are
true to the best of my knowledge and belief and nothing material has been
concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Sh. Xxxx, aged about __
years, S/o Xxxx, R/o Xxxx, Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.1 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application U/s 5 of Limitation Act, have been read over and
explained to me in vernacular language and having understood the same I say
that the facts stated therein are true to the best of my knowledge and belief
and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mrs. Xxxx, aged about __
years, W/o Sh.Xxxx, R/o Xxxx, Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.2 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying Revision Petition under Section 438 BNSS (Old Sec. 397 of Cr.P.C.)
have been read over and explained to me in vernacular language and having
understood the same I say that the facts stated therein are true to the best of
my knowledge and belief and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mrs. Xxxx, aged about __
years, W/o Sh.Xxxx, R/o Xxxx, Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.2 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application have been read over and explained to me in vernacular
language and having understood the same I say that the facts stated therein are
true to the best of my knowledge and belief and nothing material has been
concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mrs. Xxxx, aged about __
years, W/o Sh.Xxxx, R/o Xxxx, Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.2 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application U/s 5 of Limitation Act, have been read over and
explained to me in vernacular language and having understood the same I say
that the facts stated therein are true to the best of my knowledge and belief
and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mrs xxxx, aged about __
years, W/o Sh.Xxxx, R/o Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.3 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying Revision Petition under Section 438 BNSS (Old Sec. 397 of Cr.P.C.)
have been read over and explained to me in vernacular language and having
understood the same I say that the facts stated therein are true to the best of
my knowledge and belief and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX : REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mrs xxxx, aged about __
years, W/o Sh.Xxxx, R/o Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.3 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application have been read over and explained to me in vernacular
language and having understood the same I say that the facts stated therein are
true to the best of my knowledge and belief and nothing material has been
concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX : REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mrs xxxx, aged about __
years, W/o Sh.Xxxx, R/o Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.3 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application U/s 5 of Limitation Act, have been read over and
explained to me in vernacular language and having understood the same I say
that the facts stated therein are true to the best of my knowledge and belief
and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Ms xxxx, aged about __
years, D/o Sh.Xxxx, R/o Xxxx Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.4 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying Revision Petition under Section 438 BNSS (Old Sec. 397 of Cr.P.C.)
have been read over and explained to me in vernacular language and having
understood the same I say that the facts stated therein are true to the best of
my knowledge and belief and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Msxxxx, aged about __
years, D/o Sh.Xxxx, R/o Xxxx Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.4 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application have been read over and explained to me in vernacular
language and having understood the same I say that the facts stated therein are
true to the best of my knowledge and belief and nothing material has been
concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Msxxxx, aged about __
years, D/o Sh.Xxxx, R/o Xxxx Xxxx, do hereby solemnly affirm and declare as under:-
1. That I am the revisionist
no.4 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application U/s 5 of Limitation Act, have been read over and
explained to me in vernacular language and having understood the same I say
that the facts stated therein are true to the best of my knowledge and belief
and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Sh. Xxxx, aged about __
years, S/o Xxxx, R/o Xxxx, Xxxx., presently at xx, do hereby solemnly affirm and declare as
under:-
1. That I am the revisionist
no.5 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying Revision Petition under Section 438 BNSS (Old Sec. 397 of Cr.P.C.)
have been read over and explained to me in vernacular language and having
understood the same I say that the facts stated therein are true to the best of
my knowledge and belief and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Sh. Xxxx, aged about __
years, S/o Xxxx, R/o Xxxx, Xxxx., presently at xx, do hereby solemnly affirm and declare as
under:-
1. That I am the revisionist
no.5 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application have been read over and explained to me in vernacular
language and having understood the same I say that the facts stated therein are
true to the best of my knowledge and belief and nothing material has been
concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Sh. Xxxx, aged about __
years, S/o Xxxx, R/o Xxxx, Xxxx., presently at xx, do hereby solemnly affirm and declare as
under:-
1. That I am the revisionist
no.5 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application U/s 5 of Limitation Act, have been read over and
explained to me in vernacular language and having understood the same I say
that the facts stated therein are true to the best of my knowledge and belief
and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mrs. Xxxx, aged about __
years, W/o Sh. Xxxx, R/o Xxxx, Xxxx., presently
at xx, do hereby
solemnly affirm and declare as under:-
1. That I am the revisionist
no.6 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying Revision Petition under Section 438 BNSS (Old Sec. 397 of Cr.P.C.)
have been read over and explained to me in vernacular language and having
understood the same I say that the facts stated therein are true to the best of
my knowledge and belief and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mrs. Xxxx, aged about __
years, W/o Sh. Xxxx, R/o Xxxx, Xxxx., presently
at xx, do hereby
solemnly affirm and declare as under:-
1. That I am the revisionist
no.6 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application have been read over and explained to me in vernacular
language and having understood the same I say that the facts stated therein are
true to the best of my knowledge and belief and nothing material has been
concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mrs. Xxxx, aged about __
years, W/o Sh. Xxxx, R/o Xxxx, Xxxx., presently
at xx, do hereby
solemnly affirm and declare as under:-
1. That I am the revisionist
no.6 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application U/s 5 of Limitation Act, have been read over and
explained to me in vernacular language and having understood the same I say
that the facts stated therein are true to the best of my knowledge and belief
and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mr. Xxxx, aged about __
years, S/o Sh. Xxxx, R/o Xxxx, Xxxx., presently
at xx, do hereby
solemnly affirm and declare as under:-
1. That I am the revisionist
no.7 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying Revision Petition under Section 438 BNSS (Old Sec. 397 of Cr.P.C.)
have been read over and explained to me in vernacular language and having
understood the same I say that the facts stated therein are true to the best of
my knowledge and belief and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mr. Xxxx, aged about __
years, S/o Sh. Xxxx, R/o Xxxx, Xxxx., presently
at xx, do hereby
solemnly affirm and declare as under:-
1. That I am the revisionist
no.7 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application have been read over and explained to me in vernacular
language and having understood the same I say that the facts stated therein are
true to the best of my knowledge and belief and nothing material has been
concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mr. Xxxx, aged about __
years, S/o Sh. Xxxx, R/o Xxxx, Xxxx., presently
at xx, do hereby
solemnly affirm and declare as under:-
1. That I am the revisionist
no.7 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application U/s 5 of Limitation Act, have been read over and
explained to me in vernacular language and having understood the same I say
that the facts stated therein are true to the best of my knowledge and belief
and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mr. Xxxx, aged about __
years, S/o Sh. Xxxx, R/o Xxxx, Xxxx., presently
at xx, do hereby
solemnly affirm and declare as under:-
1. That I am the revisionist
no.8 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying Revision Petition under Section 438 BNSS (Old Sec. 397 of Cr.P.C.)
have been read over and explained to me in vernacular language and having
understood the same I say that the facts stated therein are true to the best of
my knowledge and belief and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mr. Xxxx, aged about __
years, S/o Sh. Xxxx, R/o Xxxx, Xxxx., presently
at xx, do hereby
solemnly affirm and declare as under:-
1. That I am the revisionist
no.8 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application have been read over and explained to me in vernacular
language and having understood the same I say that the facts stated therein are
true to the best of my knowledge and belief and nothing material has been
concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
PATIALA HOUSE COURTS, NEW DELHI.
CRIMINAL
REVISION No. ______ OF 2024.
IN THE MATTER OF:-
XXXX :
REVISIONISTS
XXXX :RESPONDENTS
AFFIDAVIT
Affidavit of Mr. Xxxx, aged about __
years, S/o Sh. Xxxx, R/o Xxxx, Xxxx., presently
at xx , do hereby
solemnly affirm and declare as under:-
1. That I am the revisionist
no.8 in the above mentioned case and as such I am conversant with the facts and
circumstances of the case, and hence competent to swear this Affidavit.
2. That the contents of the
accompanying application U/s 5 of Limitation Act, have been read over and
explained to me in vernacular language and having understood the same I say
that the facts stated therein are true to the best of my knowledge and belief
and nothing material has been concealed therefrom.
VERIFICATION :-
Verified at Xxxxon
this ___ day of August, 2024. That the contents of the above Affidavit are true
and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
