Written Arguments for Criminal Revision before Sessions Judge Court, Sample
How to Draft Specimen of Documented Arguments for Criminal Revision before Sessions Judge?
Before the Court of the Hon’ble
Sessions / District Judge at Lalaha (PC 7)
Revision Petition No. 297 of 2021
Documented Arguments
In
CC
No. 3077 of 2019
In the matter of:
**** s/o OR d/o Shri D******
Aged about __ years, Occ.: ___
Add: ________________
__________________________________________ ...… Petitioner
AND
1. _____ s/o Unknown, Occ. Dy SP
(Police), Sahaha __
R/o Sahaha
2. ______ s/o Unknown, Occ. Dy SP
(Police), Gazaha __
R/o Gazaha
3. __________ s/o Unknown, Occ.
Private Company Worker / Govt Servant
R/o Gazaha
.….. Respondent
The petitioner prays to present the following arguments
before the hon’ble Court:
The petitioner used to work with ___________ where the
accused no. 3 also used to work and hence got acquainted with him during the
year 20__ -20__.
After leaving the job accused no. 3 still sometimes used to
call and meet the petitioner.
In the year 2017 accused no. 3 started harassing the
petitioner by asking him to join his gang of criminals involved in making fake
claims from health insurance companies being organized by his handler accused
no. 1.
The petitioner denied, yet accused no. 3 continued harassing
by making phone calls and also met the petitioner in Lalaha in this regard.
The accused no. 3 tried convincing the petitioner that the
work under the gang is safe as accused no. 1 is with him and also showed a
duplicate voter ID issued in his name on the address of JJ colony in Delhi.
Accused no. 3 also showed a receipt of a passport with his
fake ID which he could not collect and told that all these are being arranged
by accused no. 1.
Accused no. 3 started hurling abuses on phone and issuing
threats claiming that his master accused no. 1 has ordered him to tell the
petitioner that if he does not join the gang then he will be executed in a fake
encounter.
The petitioner filed a complaint against this harassment on
IGRS portal which was forwarded to Gazaha police to which a sub-inspector
replied stating he has talked to both the parties and no one will call each
other. Despite this, accused no. 3 kept calling on phone and issuing threats.
(copy of sub inspector response attached with the petition)
Petitioner filed another complaint on the government portal,
and now the complaint was not handled by the sub-inspector but directly by the
Circle Officer, Gazaha i.e. accused no. 1. This time accused no. 1 responded
saying that the complainant has taken money from the accused that is why he is
calling him.
Now the petitioner filed a complaint again stating if he
really owes any money to the accused then he must take legal action and not
make threatening calls and hurl abuses. Now this time accused no. 1 again
changed his stance saying that the accused is not calling the complainant but
complainant himself calling the accused and seeking Rs. ____ else he will make
fake police complaints. (copy of accused no. 1’s response attached with the
petition)
It is also astonishing that if someone even owes money to
anyone they are not entitled to issue threats and hurl abuses but must follow
proper legal procedure. And despite being a police officer accused no. 1 closed
the complaint by his absurd stance on record and allowed the accused no. 3 to
commit crimes of issuing threats and abuses.
Also, to this stance of the accused no. 1 now the petitioner
dared him to lodge an FIR against him and take legal action, and asked why he
is only closing the complaints just like that. And also, now when he knows that
the complainant himself is illegally trying to extract Rs. _____ from the
accused and also threatening him to make fake police complaints it is a serious
crime. Now, it is prime duty of the accused no. 1 being a Circle Officer of
police to lodge an FIR (First Information Report) against the complainant himself
and put him behind the bars.
The petitioner also asked him to take out telecom operator records before they expire to establish the fact whether accused is calling the complainant or complainant is calling the accused, else it will be ‘destruction and concealment of evidence’. This would also prove if complainant is seeking Rs. ___ from the accused no. 3 or not, as if he is seeking then the telecom operator records must show that the complainant is making outcalls to the accused no. 3 and not that accused no. 3 is always making calls to the complainant.
Now, despite mentioning in the complaint that evasion of telecom
operator records will be treated as punishable offence of destruction and
concealment of evidence as under the IPC, the accused no. 1 never took telecom
operator records on file and let the evidence elapse, and summarily evaded
telecom operator records in his actions and responses.
The accused forged the government records every time he got a
chance and persisted with his stances despite after several complaints and
notices and provided all chances to the accused no. 3 to issue threats under
his absolute guidance, control and protection.
The accused no. 1 also created forge police records via his reports dated 01.02.__, 31.12.__ and other responses as well by stating that according to his findings the complainant was doing bad work and was expelled from the company where he was working with accused no. 3, and that he has always been asking money from him. The fact is that the complainant himself left the company due to health conditions and the company duly accepted his resignation letter. The company has only issued him letter of commendations for the good work he had done there and was always praised there are only good records of the petitioner in the company and there can be no chance that out of nowhere accused no. 1 findings can find him bad and expelled from the company.
Now, to save his skin the accused no. 3 in response to the complaint forwarded to him by the State Human Rights Commission uses the term ‘due to his busy schedule’.
Now while saying ‘due to his busy schedule’ he still does not
apologize or accepts his fault yet claims that the complainant was not picking
up his calls and the address given by the complainant does not exist. Still he
does not bring any evidence to back his claim that the complainant was not
picking up his calls, and regarding his stance that the ‘address does not
exist’ is also a lie. To prove that the address does not exist he claims that:
i. He sent a person called Athhu from Gazaha to meet the
complainant but he could not find the address.
ii. He sent local police who also informed him that the
address does not exist.
The fact is there was no such call from accused no. 1 and the
address also very much exists and when the complaint was forwarded to the same
local police by the CJM court, the local police well found it and met the
petitioner and furnished its report to the CJM court. Besides this, all
correspondences of the petitioner always reach the same address and many people
live at the same address in the building and nearby areas who use the same
building address.
The petitioner’s complaint was dealt by accused no. 2 who
also fully cooperated with accused no. 1 and created a forged police report dated
January 20__ upholding the same stance of the accused no. 1 meticulously,
calmly and very clearly, as his report shows. The report of accused no. 2 is
merely a copy of the report of accused no. 1 under his own endorsement, paving
the way to protect the accused no. 1 and 3 and endangering life of the
petitioner. As accused no. 1 subconsciously adds an expression ‘due to he being
busy’ which his psychology is naturally encouraging him to do so, so as it may
be used as a protection or excuse of his crimes. But here we see accused no. 2
also upholds the same thing. The petitioner assumes while committing crimes
this gang has always reasons.
Now when the Lalaha local police says that the matter is of Gazaha
when the petitioner worked with the accused no. 3, it must know that if accused
no. 3 asked the Lalaha local police to find the address of the complainant in
the past, the matter is of Lalaha itself under one and all circumstances.
Besides the previous complaints made online also show the response
of accused no. 1 that the ‘complainant was expelled from the company’ this
expression itself means that the accused had already worked and left the
company there and is not there now. And now, when the matter is going on now
and the address given is always of Lalaha, the crime against the petitioner is
deemed to have taken place in Lalaha only.
Besides, when the Lalaha local police met the petitioner to
handle the complaint forwarded to them by the CJM court, the petitioner clearly
told them that the accused no. 3 met him in areas around Cantt. Road, Lalaha
twice on behalf of his handler accused no. 1, and issued threats. While over
the phone the tone was much harsher with filthier abuses. And as the accused
no. 3 has also met the petitioner on behalf of the accused no. 1 and issued
threats the crime place is Lalaha only, and hence Lalaha jurisdiction. Thus,
this seems to be a great ploy where the accused no. 1 under his influence might
be trying to somehow bring the petitioner to the areas of his control where he
can easily create a fake encounter as he threatened through his handled accused
no. 3.
The impugned order dated 07/10/20__ by the CJM court is based
on the local Lalaha police’s bogus report which says matter is of Gazaha and on
the assumption that the entire episodes occurred in Gazaha while the petitioner
was working there merely as the petitioner gave introduction as how he got
acquainted with the accused, while the records show the matter is of Lalaha
under all considerations.
In the light of the criminal revision petition and the above
arguments the petitioner hereby prays this Hon’ble court:
i. Set the impugned order aside, and order filing a complaint
against the accused under CrPC 200 or order the state to lodge a report against
the accused and carry out proceedings.
ii. Order any other remedy to the petitioner, and penable
measures against the accused no. 1, 2 and 3.
_______________
(Petitioner-in-Person)