Application U/S 249-A Cr.P.C. How to draft an application U/S 249-A Cr. P.C to acquit an accused from a criminal case? The sample/draft is given below, please make necessary amendments as per the fact of the case?

Application U/S 249-A Cr.P.C

Purpose:  To acquit an accused person from the criminal case.

IN THE COURT OF LEARNED AREA MAGISTRATE, P.S GUJRAT, DISTRICT GUJARAT

            In the matter of:

The State         Versus XYZ

APPLICATION UNDER SECTION 249-A Cr.P.C IN CASE FIR NO. 87/19, DATED __________ UNDER SECTION 489-F PPC, POLICE GUJARAT

            Respectfully Sheweth,

1.      That the above-mentioned case is pending adjudication before this Hon’ble court and fixed for 14.06.2022 for prosecution witnesses.

2.    That the case of the prosecution against the petitioner is not made out in the eyes of law but the petitioner has been involved in the instant case with malice and malafide intention by the local police.

3.   That since registration of above-said case, the petitioner has been regularly appearing before this Hon’ble court while on the other hand the prosecution miserably failed to prove its version and did not produce any witness.

4.      That there is no probability of conviction of the petitioner in the false instant case.

5.      That the further proceedings in the matter would be a futile exercise and amounts to a waste of the precious time of this Hon’ble Court.

6.   That the charge against the petitioner is absolutely baseless, hence both the ingredients of Section 249-A Cr. P.C is available in the matter in hand.

In view of the above, it is most humbly prayed that instant petition may kindly be accepted and the petitioner/accused may graciously be acquitted Under Section 249-A Cr. P.C from the case in hand, in the best interest of justice.

Petitioner

Through

Counsel

 

Dated: ___________

 

IN THE COURT OF LEARNED AREA MAGISTRATE, P.S GUJRAT, DISTRICT GUJARAT

            In the matter of:

The State         Versus             XYZ

APPLICATION UNDER SECTION 249-A Cr.P.C IN CASE FIR NO. 87/19, DATED __________ UNDER SECTION 489-F PPC, POLICE GUJARAT

AFFIDAVIT

That I, (Name, parentage, and address of the applicant/accused), do hereby solemnly declare as under: -

That the contents of the attached petition are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

                                                                                                            Deponent

Verification;

Verified on Oath at Gujarat on this __day of (month), 2022 that the deposition is true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.        

 

                                                            Deponent