Criminal Revision Petition under Section 397 of Cr.P.C.

Format of Criminal Revision Petition under Section 397 of Criminal Procedure Code against Judgment of Trial Court.

IN THE COURT OF _______________ AT _______________
CRIMINAL REVISION PETITION NO _________ OF 20__

FIR NO_____

POLICE STATION______

NEXT DATE OF HEARING IN TRIAL COURT __________

IN THE MATTER OF

Mr. ____________________

_______________________

_______________________ PETITIONER

VERSUS

State of ____________________

_______________________

_______________________ RESPONDENT

Revision Petition Under Section 397 of Criminal Procedure Code, 1973 Praying for Quashing and Setting aside Order dated __________ in FIR No. _________ dated ______ Under Section 154 Of Criminal Procedure Code 1973 on Submission of Final report under Section 173, Criminal Procedure Code, 1973 passed by Learned ____________ Magistrate.

MOST RESPECTFULLY SHOWETH:

1. That the petitioner had filed a criminal complaint under Section ___ and section ___ read with Section ___ of the Indian Penal Code against respondent which is pending before the trial court and is fixed for hearing on ___________ The said complaint filed by the petitioner against respondents is reproduced herein below:

"_________________________ __________________ _____________

_________________________ __________________ _____________

_________________________ __________________ _____________"

2. That thereafter the complainant registered a complaint on ________ dated _________ wit the police station __________ to investigate the matter but till date no action whatsoever has been taken in the matter and no money has been paid to the complainant.

3. That the accused has committed various offences under various sections of I.P.C by mis-representing and thereafter duping the complainant of a sum of Rs. ___________. The accused have thus committed offences under sections 420,406 read with section 120-B of I.P.C particularly when they were not owners of property in question.

4. That the Learned Metropolitan Magistrate issued the directions to the station house officer, Police station _____________ to register the case and investigate the matter vide order dated _________. Consequently, the SHO, registered a complaint on ________ vide FIR No. _________ and started the investigation.

5. That the final report of investigation under Section 173 CRPC from SHO, Police station __________ dated ________ was received by Learned Metropolitan Magistrate on ________.

6. That the Learned Metropolitan Magistrate on receipt of final report under Section 173 CRPC passed orders on __________ as under:

"____________________ __________________ _____________ ________

____________________ __________________ _____________ ________"

7. That the Learned ____________ Magistrate passed the above said impugned order without issuing any notice to the complainant which is in violation of law.

8. That the impugned order of the Learned Metropolitan Magistrate dated _______ ordering consigning of file to record is bad in law and suffers from patent illegality on following amongst other grounds and is liable to be quashed and set-aside.

GROUNDS
A. That the trial court has failed to exercise its judicial discretion on the facts and circumstances of the case by ordering consignment of file to record without taking into account the facts and circumstances of the entire case.

B. That the trial court has failed to give the notice to the complainant before ordering consigning of file to record and giving an opportunity of being heard.

C. That the impugned order of the trial court is against the principles of natural justice as per law laid down by the High Court as well as Supreme Court where they have categorically held that the complainant must be heard.
That the findings of the trial court is against the law and weight of evidence on record.

D. That the Learned Trial Court failed to appreciate that the proceedings were initiated in the cases on the basis of complaint, which was never dismissed and as such, there was no question of consigning the file to record room. The opportunity to lead evidence ought to have been given. The court is not competent to close the case and consign it to record room without recording the evidence of complainant. The accused can be convicted in absentia even if there is sufficient evidence to proceed against them and if found guilty.

E. That the plea that the accused are not available is against the basic principle of law. The evidence has to be recorded and finding given. The case can be consigned to record room only after the trial is over. The accused can be arrested later when found.

The petitioner came to know about said order of Learned Metropolitan Magistrate only on ________ when he appeared before the trial court and was informed that the case was consigned to Record Room and the FIR has been cancelled.

PRAYERS

In view of the aforesaid facts and circumstance of this case, it is most respectfully prayed that the Hon'ble court may be pleased to pass order:

1. To call for the records, examine the same for the purpose of satisfying itself as to the correctness, legality and propriety and set aside the impugned order dated __________;

2. To remand the case to trial court for further evidence in accordance with law and;

3. To pass any other or further order (s) as this court may deem fit and proper in favour of petitioner, in the interest of justice.

PETITIONER

THROUGH

____________ADVOCATE

Place:

Date:

IN THE COURT OF _______________ AT _______________
CRIMINAL REVISION PETITION NO _________ OF 20__

IN THE MATTER OF

Mr. ____________________ PETITIONER

VERSUS

State of ____________________ RESPONDENT

AFFIDAVIT

I ______________________ ____ years, S/d/o. _________________ R/o. ____________ ______________ _____, do hereby solemnly affirm and declare as under:-

1. That I am the Complainant in the present Petition and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.

2. That the accompanying Revision Petition U/s. 3397 of Cr.P.C. against the order of Trial Court has been drafted by my counsel under my instructions

3. The contents of the Petition and this affidavit have been read over and explained to me in vernacular and the same are true and correct. That the contents of the same may be treated as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.

4. That I have not moved any other similar petition before this or any other Court.

DEPONENT

VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT