Special Leave Petition (Criminal) Format Supreme Court

Format of SLP Criminal to be filed in the Supreme Court.

SYNOPSIS

That the present Special Leave Petition is being filed impugning the final Judgment and Order dated ______passed by the Hon'ble High Court of Judicature at _____________ in the Crl. O. P. No. ______ of ______22, filed under section ______ of the Code of Criminal Procedure, ______ ; whereby the Hon'ble High Court while considering the case of the Respondent herein, the de-facto complainant, erroneously quashed the order dated ______.20______ passed by the Learned Chief Judicial Magistrate, __________ in the CMP No. ______ of 20______

The Hon'ble High Court while quoting and interpreting section 91 of the Cr.P.C. committed grave error to hold that the provision of said section cannot be invoked at the stage of framing of charge or at a pre-cognizance stage. Even though the Hon'ble High Court records that 'The paramount object behind the provision under section 91 of Cr P C is to ensure that no cogent material connected to the offence is left undiscovered and unconsidered in pursuit of the truth during investigation, inquiry, trial or other proceedings', but erroneously while reversing the order dated ______20______ passed by the Learned CJM, ____________; the Hon'ble High Court ignored the fact that document no. ______ which is claimed to be the certified copy of the alleged forged sale agreement dated ______20______ is the sole basis of the institution of criminal case against the Petitioners. Said document no. ______ is purportedly said to be a forged sale agreement prepared

The crucial aspect of the prosecution case missed out by the Hon'ble High Court is that the land admeasuring ______acres, alleged to be sold vide document no. ______ (sale agreement dated ______.20______), is actually divided amongst the legal heirs of Respondent No. 1 and his late brother(s) in the year 20______. The legal heirs have sold the property to third parties as on date. Therefore, the case being dragged by the Respondent No. 1, just to harass the Petitioners and extort money by instilling fear of criminal prosecution.

The instant case, at the behest of the de-facto complainant (the Respondent No. 1 herein) is a fallout of one of such litigations wherein the Respondent on the strength of document no. ______is harassing the Petitioners herein. As such, based on facts of the case and given the nature of the allegations, the production thereof, becomes necessary attributing 'sterling quality' to the said document.

LIST OF DATES
______.20______ The case bearing crime no. ______ of 20______ was re-registered by the Respondent No. ______, the CBCID in which the Petitioners herein were arrayed as accused no. ______, while ______was arrayed as accused no. 5. The allegation pertained to forging of the sale agreement dated ______20______ allegedly at the instance of accused no. ______, ______.

______.20______ The Respondent No. 2 upon completion of the investigation concluded that the Petitioners herein (accused nos. ______) has no role to play in alleged forging of the sale agreement dated ______.20______. The Respondent No. ______, filed the chargesheet only against accused no. ______ for offences under section 467, 468, 47, 204, 420 r/w 511 of the Indian Penal Code, 1860. Names of the Petitioners herein were dropped from the charge sheet.

______.20______ The CJM, ________ based on the charge sheet filed took cognizance of the offences under section 467, 468, 47, 204, 420 r/w 511 of the Indian Penal Code, 1860 against ______. The Respondent No. 1 filed a protest petition vide CMP No. ______ of 20______against the final report filed by the Respondent No. 2.
F
______20______ The CJM, ________ dismissed the protest petition holding that the said petition was not filed before the cognizance was taken and arrived at the finding that the protest petition cannot be entertained after cognizance was taken by the court.

The Respondent No. 1 challenged the order dated ______20______ passed by the Ld. CJM in the Crl. O. P. No. ______ of 20______ seeking a direction for speedy trial proceedings in the CC No. ______ of 20______.

______20______ The Hon'ble High Court vide the common judgment and order dated allowed the Crl. O. P. No. ______ of 20______ filed by the Petitioners herein and directed the Ld. CJM, ____________ to hear the protest petition in terms of directions passed by this Hon'ble Court in the order dated ______20______. The trial judge was also requested to complete the trail in the CC No. ______ of 20______ within a period of six months.

______20______ The common judgment and order dated ______20______ was assailed by the Respondent No. 1 herein by filing the SLP (Crl.) No. ______ of 20______ which was dismissed as withdraw by this Hon'ble Court. A copy of the order dated ______.20______ passed by this Hon'ble Court in the SLP (Crl.) No. ______ of 20______ is annexed and marked as Annexure P- 1 (Pages __).

______.20______ The Ld. CJM, ____________ while hearing the application filed under section ______ of the CrPC vide the CMP No. ______ of 20______ in the CMP No. ______ of 20______ in the CC No. ______ of 20______ allowed the said petition filed by the Petitioners herein and issued summons for causing production of the document, that is, the office copy of the enquiry report pertaining to the complaint of ____________ submitted to the Registrar (Judicial), Vigilance, High Court of Madras, Chennai before the Ld. CJM, ____________ on ______.20______. A copy of the order dated ______20______ passed by the CJM, ____________ in the application CMP no. 8274 filed in the CMP No. ______ of 20______ is annexed and marked as Annexure P- 2 (Pages ___ to ___).

______.20______ The Respondent No. 1 challenged the order dated ______20______ passed by the Ld. CJM in the CMP No. ______ of 20______ by way of Crl. O. P. No. ______ of 2022 in a petition filed u/s 482 of the CrPC. A copy of the Crl. O. P. No. ______ of 20______ filed before the High Court of Judicature at Madras on ______20______ by the Respondent No. 1 is annexed and marked as Annexure P- 3 (Pages ___ to ___).

______20______ The Hon'ble High Court issued notice on the Crl. O. P. No. ______ of 20______.

______20______ The Petitioners herein filed counter affidavit in the Crl. O. P. No. ______ of 20______ before the Hon'ble High Court. A copy of the counter affidavit filed on behalf of the Petitioners herein in the Crl. O. P. No. ______ of 20______on ______20______ by the Respondent No. 1 is annexed and marked as Annexure P- 4 (Pages __ to __).

______.20______ The final Judgment and Order dated ______20______ passed by the Hon'ble High Court of Judicature at Madras in the Crl. O. P. No. ______ of 20______, whereby the Hon'ble High Court while considering the case of the Respondent herein, the de-facto complainant, erroneously quashed the order dated ______20______ passed by the Learned Chief Judicial Magistrate, ____________ in the CMP No. ______ of ______22; wherein the Ld. CJM, ____________ while considering said application filed by the Petitioners herein, under section 91 of the Cr.P.C. passed an order issuing summons for causing production of the office copy of the enquiry report submitted to the Registrar __________, High Court of ________ before the Ld. CJM court at ____________ for acerating genuineness of the document no. 44, the alleged sale agreement dated ______20______. (Impugned Judgment/ Order)

______20______ Hence the present special leave petition.

IN THE SUPREME COURT OF INDIA
[S.C.R., Order XXII Rule 2(1)]
CRIMINAL APPELLATE JURISDICTION
(Under Article 136 of the Constitution of India)

SPECIAL LEAVE PETITION (CRL) NO. OF 2022

WITH PRAYER FOR INTERIM RELIEF
(Arising out of the final Judgment and Order dated ______.20______ passed by the Hon'ble High Court of Judicature at Madras in the Crl. O. P. No. ______ of 20______)

POSITION OF THE PARTIES
BETWEEN:
                        TRIAL COURT         HIGH COURT SUPREME COURT
_____________ Respondent No. 1 Accused No. 1 Petitioner

VERSUS

1______                De facto Petitioner     Respondent Respondent No. 1
2. ______             Prosecution Respondent No. 2 Respondent No. 2

SPECIAL LEAVE PETITION UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA FOR GRANT OF SPECIAL LEAVE TO APPEAL AGAINST THE IMPUGNED FINAL JUDGMENT AND ORDER DATED ______ PASSED BY THE HON'BLE HIGH COURT OF JUDICATURE AT _______ IN THE CRL. O. P. NO. __________ OF 20______

TO,
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS HON'BLE COMPANION JUDGES OF THE
HON'BLE SUPREME COURT OF INDIA

THE SPECIA LEAVE PETITION OF THE PETITIONERS ABOVE NAMED: -

MOST RESPECTFULLY SHOWETH: -
1. That the present Special Leave Petition is being filed impugning the final Judgment and Order dated ______.20______ passed by the Hon'ble High Court of Judicature at Madras in the Crl. O. P. No. ______ of 20______, filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'the Cr.P.C.'); whereby the Hon'ble High Court while considering the case of the Respondent herein, the de-facto complainant, erroneously quashed the order dated ______20______passed by the Learned Chief Judicial Magistrate, ____________ in the CMP No. ______ of 20______; wherein the Ld. CJM, ____________ while considering said application filed by the Petitioners herein, under section 91 of the Cr.P.C. passed an order issuing summons for causing production of the office copy of the enquiry report submitted to the Registrar (Judicial), Vigilance, High Court of Madras, Chennai before the Ld. CJM court at ____________ for acerating genuineness of the document no. 44, the alleged sale agreement dated ______20______6.

1A. The Petitioners submit that no Letters Patent Appeal or any other Intra Court Appeal is maintainable against the impugned judgment and order under the rules of the Hon'ble High Court and therefore, the Petitioner cannot avail any such remedy.

2. QUESTIONS OF LAW
Following substantial questions of law of general public importance arises for consideration of this Hon'ble Court;

A. Whether the court of competent jurisdiction summon a document under the provision of section 91 of the Code of Criminal Procedure, 1973 keeping in view the paramount object behind the provision under section 91 of Cr P C being to ensure that no cogent material connected to the offence is left undiscovered and unconsidered in pursuit of the truth during investigation, inquiry, trial or other proceedings?

B. Whether the Hon'ble High Court ignored and overlooked the decision of this Hon'ble Court reported in (2018) 2 SCC 93; (2008) 14 SCC 1 and (2014) 3 SCC 92?

C. Whether the Hon'ble High Court ignored and overlooked that section 91 of the Code of Criminal Procedure, ______ does not contemplate any particular stage for invoking the said provision so as to debar the accused from summoning the document of 'sterling quality'?

3. DECLARATION IN TERMS OF RULE 2 (2):
That no other petition seeking leave to appeal has been filed by the Petitioners against the final judgment and order dated ______20______ passed by the Hon'ble High Court of Judicature at Madras in the Crl. O. P. No. ______ of ______22.

4. DECLARATION IN TERMS OF RULE 4: -
The Annexures P-1 to P- _ produced along with the Special Leave Petition are true copies of the pleading/documents which form part of the records of the case in the Courts below.

5. GROUNDS
That the present Special Leave Petition is being filed on following amongst other grounds without prejudice to each other;
A. Because the Hon'ble High Court while considering the case of the Respondent No. 1 herein, the de-facto complainant, erroneously quashed the order dated ______20______ passed by the Learned Chief Judicial Magistrate, ____________ in the CMP No. ______ of 20______; wherein the Ld. CJM, ____________ while considering said application filed by the Petitioners herein, under section 91 of the Cr.P.C. passed an order issuing summons for causing production of the office copy of the enquiry report submitted to the Registrar (Judicial), Vigilance, High Court of Madras, Chennai before the Ld. CJM court at ____________ for acerating genuineness of the document no. 44, the alleged sale agreement dated ______20______.

B. Because the Hon'ble High Court while quoting and interpreting section 91 of the Cr.P.C. committed grave error to hold that the provision of said section cannot be invoked at the stage of framing of charge or at a pre-cognizance stage. Even though the Hon'ble High Court records that 'The paramount object behind the provision under section 91 of Cr P C is to ensure that no cogent material connected to the offence is left undiscovered and unconsidered in pursuit of the truth during investigation, inquiry, trial or other proceedings', but erroneously while reversing the order dated ______20______ passed by the Learned CJM, ____________; the Hon'ble High Court ignored the fact that document no. 44 being the certified copy of the alleged forged sale agreement dated ______20______ is the sole basis of the institution of criminal case against the Petitioners. Said document no. ______is purportedly said to be a forged sale agreement prepared by one ______with which the Petitioners have no connection. Said document is in possession of the Respondent No. 1 herein and based on a complaint lodged by ______, a vigilance inquiry was conducted.

6. GROUNDS FOR INTERIM RELIEF:
It is submitted that the judgment and orders passed by the Hon'ble High Court is unsustainable given the facts and circumstances of the case at hand. The Petitioners crave leave of this Hon'ble Court to refer to and rely upon the grounds urged in paragraph 5 of the present Special Leave Petition for the purpose of interim relief also.
The Petitioners have very good case on merit and has every chance to succeed before this Hon'ble Court. The Petitioners have a prima facie case on merits wherein reliance has been placed on the decision of this Hon'ble Court reported in (2018) 2 SCC 93; (2008) 14 SCC 1 and (2014) 3 SCC 92.

The balance of convenience lies in favour of the Petitioners and in the event the impugned judgment and order dated ______20______ passed by the Hon'ble High Court of Judicature at Madras in the Crl. O. P. No. ______ of ______22 is stayed by this Hon'ble Court, no irreparable loss or harm would accrue to the Respondent No. 1. On the contrary, if during the pendency of the instant special leave to appeal, the impugned judgment and order dated ______20______ is not stayed the instant special leave to appeal would be rendered infructuous given the nature of the case. In compliance of the impugned judgment and order dated ______20______, the Ld. CJM has posted the matter for hearing on ______20______ for arguments on protest petition and deciding the matter.

7. MAIN PRAYER
It is most respectfully prayed that this Hon'ble Court may be pleased to:

a. Grant Special Leave to Appeal against the final judgment and order dated ______20______ passed by the Hon'ble High Court of Judicature at Madras in the Crl. O. P. No. ______ of 20______; and/ or

b. Pass any other or further order (s) as may be deemed fit and proper in the circumstance of the case.

8. PRAYER FOR INTERIM RELIEF:
It is most respectfully prayed that this Hon'ble Court may graciously be pleased to:
a. Grant ad interim ex parte stay of the proceedings pertaining the C.M.P. No. ______of 20______ in the CC No. ______ of 20______ pending adjudication before the Ld. Chief Judicial Magistrate, ____________; and/or

b. Pass any other or further orders as may be deemed fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS IN DUTY BOUND SHALL EVERY PRAY.

DRAWN & FILED BY: -

Place: ______
Filed on: _______