IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
IA No. __________ of 20___
in
SPECIAL LEAVE PETITION (CRL.) NO. _________
In re:
_____________________ …Petitioners
_____________________ …Respondents
|
S.No. |
Particulars |
Page
No. |
|
1. |
An application on behalf of Respondent for permission to file additional documents |
|
|
3. |
Annexure R/1:
The copy of the Report dated __________ |
|
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE
JURISDICTION
IA No. __________ of 20___
in
SPECIAL LEAVE PETITION (CRL.) NO. ______
In re:
_____________________ …Respondents
AN APPLICATION ON BEHALF OF RESPONDENT FOR PERMISSION TO FILE ADDITIONAL DOCUMENT
TO,
THE HON’BLE
CHIEF JUSTICE
OF INDIA AND
HIS COMPANION
JUDGES OF
THE SUPREME
COURT OF INDIA AT NEW DELHI
THE HUMBLE
APPLICATION ON BEHALF OF THE RESPONDENT ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
1. That the accompanying special leave petition is directed against the impugned judgment and final order dated _________passed by the Hon’ble High Court __________in Criminal Revision No._________.
2. That the applicant/respondent, ________ , had been cheated of property by the petitioners by preparing forged and fabricated documents in collusion with each other. Therefore, upon being aggrieved by the same, the applicant/respondent had filed a Complaint Case before the Ld. Judicial Magistrate, _________. The Ld. Judicial Magistrate, vide order dated _______ took cognizance of offence under Sections ________and ______ of IPC and summoned the accused persons after recording a prima-facie finding that the document was a forged and fabricated document.
3. That, the revision petitions filed by accused/petitioner against the order dated ________ were allowed vide order dated ________ passed by the Ld. Addl. Sessions Judge. However, the Hon’ble High Court, vide the impugned judgment, quashed and set aside the order dated _________ passed in Criminal Revision and restored the order dated _________ passed by ________,______.
4. It is humbly submitted that the applicant/respondent had sent the copy of document for official verification to the concerned department and had also sent the said document for analysis to techno scientific expert for ascertaining the genuineness of the said document. The expert in its report dated _______has held that the document do not match with the genuine document. The copy of Report dated ______ is annexed herewith as Annexure R/1 (Pg.____ to ____).
5. That it is also apparent from the aforesaid Report dated _______ that the accused/petitioners have acted in conspiracy to deprive the applicant/respondent from her valuable property by preparing a forged and fabricated document. The accused/petitioners have been rightly summoned to face the trial, and detailed appreciation of evidence at this stage is not permissible.
6. That the said report dated ________ is a vital document in support of the grounds urged by the applicant/respondent. It is submitted that the complainant would prove the same in due course of trial before the concerned court and the same is a vital piece of evidence to be considered at a relevant stage. It is submitted that the complainant is not required to lead entire evidence to prove its entire case at pre-summoning stage.
7. That the aforesaid report was not in existence at the time of leading pre-summoning evidence and hence, was not part of the pre-summoning evidence.
8. That the findings of the said report have direct bearing on the facts of the case. The said report will help this Hon’ble Court to ascertain the legal and factual position clearly.
9. That the interest of the justice will be served if the said document is taken on record and is considered for the purposes of the present SLP. The said document will help in a just and fair adjudication of the present SLP.
10.
That no prejudice shall be caused to anyone
if the said document is taken on record.
PRAYER
It
is, therefore, most respectfully prayed this Hon'ble Court may graciously be
pleased to:
(i)
Permit the petitioner to file
Annexure R/1 as an additional document; and
(ii)
PASS such other or further orders
as may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS THE RESPONDENT
AS IN DUTY BOUND SHALL EVER PRAY.
Place: New Delhi Filed by:
Dated
Advocate for Respondent
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE
JURISDICTION
IA No. __________ of 20___
in
SPECIAL LEAVE PETITION (CRL.)
NO. _________
In re:
_____________________ …Petitioners
_____________________ …Respondents
I, _________S/o _________, R/o________, presently at Delhi, do hereby solemnly affirm and states as follows:
VERIFICATION
Verified at ______ on this ____ day of month _____ 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
